13-4116. Delivery of commission by agent; inability of agent to deliver

A. If the commission and return is delivered by the commissioner to an agent, the agent shall deliver the commission to the clerk to whom it is directed or to the judge of the court in which the action is pending, by whom it may be received upon the agent making affidavit that he received it from the commissioner, and that it has not been opened or altered since he received it.

B. If the agent is dead, or from sickness or other casualty, is unable personally to deliver the commission and return, it may be received by the clerk or judge from any other person, upon such person making an affidavit that:

1. He received it from the agent, that the agent is dead or from sickness or other casualty unable to deliver it.

2. It has not been opened or altered since the person making the affidavit received it.

3. He believes it has not been opened or altered since it came from the commissioner.

13-4116. Delivery of commission by agent; inability of agent to deliver

A. If the commission and return is delivered by the commissioner to an agent, the agent shall deliver the commission to the clerk to whom it is directed or to the judge of the court in which the action is pending, by whom it may be received upon the agent making affidavit that he received it from the commissioner, and that it has not been opened or altered since he received it.

B. If the agent is dead, or from sickness or other casualty, is unable personally to deliver the commission and return, it may be received by the clerk or judge from any other person, upon such person making an affidavit that:

1. He received it from the agent, that the agent is dead or from sickness or other casualty unable to deliver it.

2. It has not been opened or altered since the person making the affidavit received it.

3. He believes it has not been opened or altered since it came from the commissioner.