Repealed by S.L. 1993, ch. 89, § 32.
27-10-18. Procedure when person arrested gives undertaking for appearance but fails to appear. When a person arrested by authority of a warrant of attachment for contempt has given an undertaking as prescribed in this chapter and fails to appear on the return day of the warrant, the court may issue another warrant or may make an order directing the undertaking to be prosecuted, or both.
27-10-19. Undertaking may be ordered prosecuted by and in behalf of party aggrieved - Extent of recovery. An order directing an undertaking given for the appearance of a person accused of contempt to be prosecuted, in the discretion of the court, may direct the prosecution thereof by and in the name of any party aggrieved by the misconduct of the accused. In such a case, the plaintiff may recover damages to the extent of the loss or injury sustained by reason of the misconduct, together with the costs and expenses of prosecuting the proceedings in which the warrant was issued, but the recovery may not exceed the sum specified in the undertaking.
27-10-20. When undertaking ordered prosecuted in name of state - Disposition of moneys collected. In an order for the prosecution of an undertaking given for the appearance of a person accused of contempt, the court, whenever it thinks proper to do so, may, or whenever no party is aggrieved by the misconduct of the person, shall, direct a prosecution to be made in the name of this state by the attorney general or by the state's attorney of the county in which the undertaking was given. In an action brought pursuant to such direction, the state is entitled to recover the entire sum specified in the undertaking. Out of the money collected, the court which directed the prosecution must order the person at whose instance a warrant was issued to be paid such a sum as it thinks proper to satisfy the costs and expenses incurred by the person and to compensate the person for the loss or injury sustained by reason of the misconduct. The residue of the money must be paid into the treasury of this state to the credit of the school fund.