Before making the order the judge or other officer shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that, if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars. If the undertaking be executed by the plaintiff without sureties he shall annex thereto an affidavit that he is a resident and householder or freeholder within the State and worth double the sum specified in the undertaking over all his debts and liabilities.
HISTORY: 1962 Code Section 10-806; 1952 Code Section 10-806; 1942 Code Section 503; 1932 Code Section 503; Civ. P. '22 Section 445; Civ. P. '12 Section 233; Civ. P. '02 Section 203; 1870 (14) 467 Section 205.