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shall be returnable to the same term with the attach-
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ment or writ of execution.
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SEC. 46. Upon the filing of a bond by or on behalf
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Filing bond.
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of such petitioner and claimant of property so
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levied upon, in a sum of money equal to double the
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appraised value of the property, with security or se-
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curities residents of this State, to be approved by
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the court or the judge thereof if in recess, or by the
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clerk if by reason of the absence or sickness of the
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judge his approval cannot be had at the time of the
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filing of such petition, as bonds are now approved by
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law and conditioned for satisfying all costs and such
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damages as shall be awarded, the plaintiff in such
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attachments or writ of execution in case the plaintiff
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shall recover judgment of condemnation, the prop-
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erty so levied upon shall be discharged from the levy;
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Proviso.
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provided, that the damages, if any, recovered by the
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plaintiff in the attachment or writ-of execution, shall
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not exceed the real value of the property so dis-
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charged from levy by these proceedings; and pro-
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vided further, if the plaintiff fails to recover judg-
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ment of condemnation for the property so levied
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upon, the petitioner shall be awarded his costs and
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shall recover damage for the wrong and injury done
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him by reason of the illegal seizure and detention of
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his property.
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SEC. 47. In case the plaintiff in such attachment
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Not satisfied.
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or writ of execution, is not satisfied with the suffici-
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ency of the surety or sureties in the bond taken
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under 'the preceding section, he may at any time
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before judgment apply to the judge of the court in
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which the said bond 13 filed, for an order requiring
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the petitioner to give additional security, notice of
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which application shall be given to the petitioner
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not loss than five days before the same is made' and
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the said judge if satisfied from evidence of the insuf-
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ficiency of the bond, may order or require the peti-
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Additional
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tioner to give an additional bond within .such time
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bond.
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as he shall deem proper, and in case of refusal to
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comply with such order, judgment may be entered
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against such petitioner to the amount of the real
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value of the property levied upon, upon which exe-
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cution may issue as provided by law, and said plain-
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tiff may also have an execution against the defendant
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