No warrant shall issue to convey a mentally ill person to the mental hospital if some relative or friend will undertake before the judge of the district court, to assume his care and restraint, and will execute a bond in the sum to be fixed by the judge, payable to the government of the Virgin Islands, with two or more good and sufficient sureties to be approved by the judge, conditioned that the party giving such bond will restrain and take proper care of the mentally ill person so long as his mental unsoundness continues. The bond shall cease from the moment that the guardian of such person shall deliver him voluntarily to the marshal or other proper person to be dealt with according to law. The bond shall be filed with and constitute a part of the record of the proceedings, and may be sued and recovered upon by any party injured, in his own name.