Section 44-4-3 - Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties. - South-dakota Statutes

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44-4-3. Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties. The person filing an affidavit pursuant to § 44-4-2 shall cause to be filed with the officer an undertaking in an amount of not less than twice the amount of the lien executed by at least two sureties, resident freeholders of this state, or a qualified corporate surety, to the effect that the owner or interested party will, on demand, pay the amount that may be recovered by the lien claimant, together with interest and costs. Personal sureties shall justify their responsibility by affidavit annexed to the undertaking, stating a sum which each is worth in property in this state over and above all debts and liabilities and property exempt from execution, the aggregate of which shall be double the amount specified in the undertaking.

Source: SL 1966, ch 124, § 2.

State Codes and Statutes

Statutes > South-dakota > Title-44 > Chapter-04 > Statute-44-4-3

44-4-3. Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties. The person filing an affidavit pursuant to § 44-4-2 shall cause to be filed with the officer an undertaking in an amount of not less than twice the amount of the lien executed by at least two sureties, resident freeholders of this state, or a qualified corporate surety, to the effect that the owner or interested party will, on demand, pay the amount that may be recovered by the lien claimant, together with interest and costs. Personal sureties shall justify their responsibility by affidavit annexed to the undertaking, stating a sum which each is worth in property in this state over and above all debts and liabilities and property exempt from execution, the aggregate of which shall be double the amount specified in the undertaking.

Source: SL 1966, ch 124, § 2.

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Statutes > South-dakota > Title-44 > Chapter-04 > Statute-44-4-3

44-4-3. Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties. The person filing an affidavit pursuant to § 44-4-2 shall cause to be filed with the officer an undertaking in an amount of not less than twice the amount of the lien executed by at least two sureties, resident freeholders of this state, or a qualified corporate surety, to the effect that the owner or interested party will, on demand, pay the amount that may be recovered by the lien claimant, together with interest and costs. Personal sureties shall justify their responsibility by affidavit annexed to the undertaking, stating a sum which each is worth in property in this state over and above all debts and liabilities and property exempt from execution, the aggregate of which shall be double the amount specified in the undertaking.

Source: SL 1966, ch 124, § 2.