§ 15-72-404 — Order of seizure

(a) Where it appears by a verified pleading on the part of the plaintiff, by affidavit, or by oral testimony that grounds for the seizure and sale exist, the clerk, in addition to the summons or warning order, shall issue an order of seizure. This order shall be signed by the clerk and bear the seal of the court. (b) The order of seizure shall specifically describe the illegal oil, illegal gas, or illegal product, so that it may be identified with reasonable certainty. (c) The order shall direct the sheriff to whom it is addressed to take into his or her custody, actual or constructive, the illegal oil, illegal gas, or illegal product, described therein, and to hold the same subject to the orders of the court. (d) The order of seizure shall be executed as a writ of attachment is executed. (e) No bond shall be required before the issuance of the order of seizure, and the sheriff shall be responsible upon his or her official bond for the proper execution thereof.

Legislative History

Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.