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§ 854.Sheriff As Receiver - Bond of Receiver - Other Person Appointed Receiver

Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 854 makes a sheriff appointed receiver answerable, with his existing sureties, on his official bond without any extra oath, while any other person appointed receiver must post a written undertaking with sureties and take an oath, running to the State of Oklahoma and enforceable by any interested person.

Full Text of § 854

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If the sheriff shall be appointed receiver, he and his sureties shall be liable on his official bond for the faithful discharge of his duties as receiver, and no additional oath shall be required of him; if any other person shall be appointed receiver, he shall give a written undertaking, in such sum as shall be prescribed by the judge, with one or more sureties, to the effect that he will faithfully discharge the duties of receiver, and he shall also take an oath to the same effect before acting as such receiver. The undertaking mentioned in this section shall be to the State of Oklahoma, and actions may be prosecuted for a breach thereof, by any person interested, in the same manner as upon a sheriff's official bond.

Amendment History

R.L. 1910, § 5202.

Plain-English Summary

Section 854 sets different ground rules depending on who serves as receiver. If the sheriff is appointed, no new bond or oath is needed: the sheriff and the sheriff's existing sureties are already liable on the official bond for the faithful discharge of the receiver's duties. Anyone else appointed receiver has to give a written undertaking, in a sum the judge sets, backed by one or more sureties, and take an oath before acting.

That undertaking runs to the State of Oklahoma, and any interested person may sue for its breach the same way a person would sue on a sheriff's official bond.

Frequently Asked Questions

If the sheriff is appointed receiver, does he need a new bond?

No. He and his existing sureties are liable on his official bond, and no additional oath is required.

What if someone other than the sheriff is appointed receiver?

That person must give a written undertaking, in a sum the judge sets, with one or more sureties, and take an oath before acting as receiver.

Who benefits from the receiver's undertaking?

It runs to the State of Oklahoma, and any interested person may sue for its breach the same way as on a sheriff's official bond.

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: receiver bond requirements oklahomasheriff receiver official bondnon-sheriff receiver undertaking oklahoma