Okla. Stat. tit. 12, § 12-54
This is the official text of Okla. Stat. tit. 12, § 12-54, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Must execute and return process - Execution by county clerk
Official statutory text
when sheriff disqualified.
He shall execute every summons, order or other process, and
return the same as required by law; and if he fail to do so, unless
he make it appear to the satisfaction of the court that he was
prevented by inevitable accident from so doing, he shall be amerced
by the court in a sum not exceeding One Thousand Dollars
($1,000.00), upon motion and ten (10) days' notice, and shall be
liable to the action of any person aggrieved by such failure.
Provided that whenever any party, his agent or attorney, shall make
and file with the clerk of the proper court an affidavit, stating
that he believes that the sheriff of said county will not, by reason
of either partiality, prejudice, consanguinity or interest,
faithfully perform his duties in any suit commenced in said court,
the clerk shall direct the original, or other process, in such suit
to the county clerk who shall execute the same in like manner as the
sheriff might or ought to have done, and who shall be subject to the
same penalties as the sheriff if he fail to do so, unless he make it
appear that he was prevented by inevitable accident from so doing,
and the county clerk shall perform all of the other duties of the
sheriff when the sheriff shall be a party to the case, or is
disqualified.
R.L. 1910, § 5337. Amended by Laws 1953, p. 47, § 1.
He shall execute every summons, order or other process, and
return the same as required by law; and if he fail to do so, unless
he make it appear to the satisfaction of the court that he was
prevented by inevitable accident from so doing, he shall be amerced
by the court in a sum not exceeding One Thousand Dollars
($1,000.00), upon motion and ten (10) days' notice, and shall be
liable to the action of any person aggrieved by such failure.
Provided that whenever any party, his agent or attorney, shall make
and file with the clerk of the proper court an affidavit, stating
that he believes that the sheriff of said county will not, by reason
of either partiality, prejudice, consanguinity or interest,
faithfully perform his duties in any suit commenced in said court,
the clerk shall direct the original, or other process, in such suit
to the county clerk who shall execute the same in like manner as the
sheriff might or ought to have done, and who shall be subject to the
same penalties as the sheriff if he fail to do so, unless he make it
appear that he was prevented by inevitable accident from so doing,
and the county clerk shall perform all of the other duties of the
sheriff when the sheriff shall be a party to the case, or is
disqualified.
R.L. 1910, § 5337. Amended by Laws 1953, p. 47, § 1.
Status: in_force · Read it on the official government site
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