§ 32-02-05 — Examination of sureties

For the purpose of justification, each of the sureties excepted to shall appear before the
judge personally or by deposition at the time and place mentioned in the notice and may be
examined on oath on the part of the excepting party touching the surety's sufficiency in such
manner as the judge of the court may think proper. The examination shall be taken
stenographically. The costs of the justification shall be paid by the party offering the sureties, if
the same are found not sufficient, but if sufficient, then the party excepting shall pay such costs.
Such costs shall be taxed by the court in which the action is pending as other costs are taxed.