Upon the receipt of an affidavit and requisition as provided in section 32-07-03 with a written undertaking executed by one or more sufficient sureties approved by the sheriff, to the effect that they are bound in double the value of the property, as stated in such affidavit, for the prosecution of the action for the return of the property to the defendant, if return thereof is adjudged, and for the payment to the defendant of such sum as for any cause may be recovered against the plaintiff, the sheriff forthwith shall take the property described in the affidavit, if it is in the possession of the defendant or the defendant's agent, and shall retain it in the sheriff's custody. The sheriff also without delay shall serve on the defendant a copy of the affidavit, requisition, and undertaking by delivering the same to the defendant personally, if the defendant can be found, or to the defendant's agent from whose possession the property is taken, or if neither can be found, by leaving them at the usual place of abode of either with some person of suitable age and discretion.
32-07-05. Exceptions by defendant to sufficiency of sureties or amount of undertaking. The defendant, within three days after the service of a copy of the affidavit, requisition, and undertaking, may give notice to the sheriff that the defendant excepts to the sufficiency of the
sureties, or the amount of the undertaking. If the defendant fails to do so, the defendant shall be deemed to have waived all objection to them. When the defendant excepts to the sufficiency of the sureties, the sureties shall justify as provided in chapter 32-02, and the sheriff shall be responsible for the sufficiency of the sureties until the objection to them is either waived as above provided, or until they shall justify or new sureties shall be substituted and shall justify. If the defendant excepts to the sureties, or to the amount of the undertaking, the defendant cannot reclaim the property as provided in section 32-07-06. When the defendant excepts to the amount of the undertaking, the sheriff shall retain possession of the property for five days after the service of notice of such exception upon the sheriff. In such case the defendant, upon two days' notice to the plaintiff, may apply to the judge of the court in which the action is pending for an order requiring the plaintiff to execute an undertaking in such action in a larger amount than that of the undertaking which has been served. The affidavits upon which the defendant bases the defendant's application shall be served with the notice. If the application is denied, the order of the court shall direct the sheriff forthwith to deliver the property to the plaintiff. If the application is granted, the order of the court shall direct the sheriff to deliver the property to the defendant unless the plaintiff within a time of not more than four days, to be fixed by the court, shall execute a bond in such sum as the court shall prescribe, with sureties to be approved by the sheriff.