13-4116

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.