Proceedings by plaintiff instead of sheriff or constable.

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The actions authorized in this article to be brought by the sheriff or constable may be prosecuted by the plaintiff or under his direction, upon the delivery by him to the sheriff or constable of an undertaking executed by two sufficient sureties, to the effect that the plaintiff will indemnify the sheriff or constable from all damages, costs and expenses on account thereof not exceeding two hundred and fifty dollars in any one action. Such sureties shall, in all cases when required by the sheriff or constable, justify by making an affidavit that each is a householder and worth double the amount of the penalty of the bond, over and above all demands and liabilities.

HISTORY: 1962 Code Section 10-936; 1952 Code Section 10-936; 1942 Code Section 541; 1932 Code Section 541; Civ. P. '22 Section 514; Civ. P. '12 Section 293; Civ. P. '02 Section 260; 1870 (14) 478 Section 262.


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