59.12.100
Service of writ — Bond to stay
writ.
The sheriff
shall, upon receiving the writ
of restitution, forthwith serve
a copy thereof upon the
defendant, his agent or
attorney, or a person in
possession of the premises, and
shall not execute the same for
three days thereafter, nor until
after the defendant has been
served with summons in the
action as hereinabove provided,
and the defendant, or person in
possession of the premises
within three days after the
service of the writ of
restitution may execute to the
plaintiff a bond to be filed
with and approved by the clerk
of the court in such sum as may
be fixed by the judge, with
sufficient surety to be approved
by the clerk of said court,
conditioned that they will pay
to the plaintiff such sum as the
plaintiff may recover for the
use and occupation of the said
premises, or any rent found due,
together with all damages the
plaintiff may sustain by reason
of the defendant occupying or
keeping possession of said
premises, and also all the costs
of the action. The plaintiff,
his agent or attorneys, shall
have notice of the time and
place where the court or judge
thereof shall fix the amount of
the defendant's bond, and shall
have notice and a reasonable
opportunity to examine into the
qualification and sufficiency of
the sureties upon said bond
before said bond shall be
approved by the clerk. The writ
may be served by the sheriff, in
the event he shall be unable to
find the defendant, an agent or
attorney, or a person in
possession of the premises, by
affixing a copy of said writ in
a conspicuous place upon the
premises.
