§ 12-1578. Exception to sureties.

The plaintiff may, within twenty-four (24) hours from the time the undertaking referred to in Section 1577 of this title is given by the defendant, give notice as hereinafter required that he excepts to the sufficiency of the sureties.  In the event plaintiff excepts to the sufficiency of the defendant's sureties, said plaintiff will file written exceptions and notice in the district court in the case involved, and the court shall set a day for hearing said exceptions, provided, however, after notice of plaintiff's exceptions have been given to the defendant, he shall have five (5) days within which to except to the sufficiency of plaintiff's sureties on the undertaking required of the plaintiff by Section 1573 above, and if a hearing is held on the exception by either party, the bonds of both shall be subject to scrutiny and a decision made upon each by the district court at the same hearing.  If plaintiff or defendant fails to except, he shall be deemed to have waived all objections to the sufficiency of the sureties involved.  If either party excepts, the sureties must justify, upon notice, as bail in criminal cases.

R.L. 1910, § 4805.  Amended by Laws 1986, c. 69, § 1, emerg. eff. March 25, 1968.