The writ in an action of replevin commenced under the provisions of section 5321 or 5331 of this title shall not be issued until the plaintiff or someone in his or her behalf executes and delivers to the officer a bond to the defendant, with sufficient surety to be approved by the court, in a penalty double the value of the property to be replevied, with condition to prosecute the action to final judgment and pay such damages and costs as the defendant recovers against him or her, and also to return the property if that is the final judgment. (Amended 1971, No. 185 (Adj. Sess.), § 166, eff. March 29, 1972.)