43-31-6. Selection of homestead, marking, platting, and recording--Execution against unselected homestead--Officer may mark off, plat, and record--Expense embraced in execution.
The owner or the husband or wife may select the homestead, and cause it to be marked off, platted, and recorded as provided in this code. If not so marked off, platted, and recorded, the officer having an execution against the property of such a defendant may cause the homestead to be marked off, platted, and recorded, and may add the expense thence arising to the amount embraced in his execution.
Source: SL 1874-5, ch 37, §10; PolC 1877, ch 38, §10; CL 1887, §2458; RPolC 1903, §3226; RC 1919, §461; SDC 1939, §51.1711.