The undertaking mentioned in the last section may, in vacation, be executed in the presence of the sheriff having the order of attachment in his hands, or after the return of the order, before the clerk, with the same effect as if executed in court, the sureties in either case to be approved by the officer before whom the undertaking is executed.
§ 1231.Bond - Execution In Vacation
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1231 lets the discharge bond described in Section 1230 be executed during court vacation before the sheriff holding the attachment order, or before the clerk after the order is returned, with the same effect as executing it in court.
Full Text of § 1231
Amendment History
R.L. 1910, § 4852.
Plain-English Summary
The bond a defendant uses to discharge an attachment doesn't require court to be in session. During vacation, it may be executed before the sheriff who has the order of attachment in hand, or, once the order is returned, before the clerk instead. Either way, it carries the same effect as if it had been executed in open court, and the officer before whom it's executed approves the sureties.
Frequently Asked Questions
Can the discharge bond be executed when court isn't in session?
Yes -- in vacation, it may be executed before the sheriff holding the order of attachment, or before the clerk after the order is returned.
Who approves the sureties in that situation?
Whichever officer -- the sheriff or the clerk -- the bond is executed before.
Does a bond executed this way count the same as one executed in court?
Yes, it has the same effect as if executed in court.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: attachment bond executed in vacation oklahomaexecuting discharge bond before sheriff12 O.S. § 1231