The defendant's sureties shall justify in the manner provided in chapter 32-02. Upon such justification the sheriff shall deliver the property to the defendant and the undertaking to the plaintiff. The sheriff shall be responsible for the defendant's sureties, until they justify, or until justification is completed or expressly waived, and may retain the property until that time, but if they, or others in their place, fail to justify at the time and place appointed, the sheriff shall deliver the property to the plaintiff.
N.D.C.C. § 32-07-07