§ 10-5-32 - Surety on defendant's bond – Lien on surety's real estate.
SECTION 10-5-32
§ 10-5-32 Surety on defendant's bond– Lien on surety's real estate. – Whenever a sheriff or a deputy sheriff shall take a bond for the release ofgoods and chattels attached on an original writ or a writ of mesne process, inwhich the ad damnum shall be more than one thousand dollars ($1,000), the bondshall be in the penal sum of the amount of damages stated in the writ, withsome surety company authorized to do business in this state as surety, unlessthe defendant can furnish as surety a resident of the state satisfactory to theofficer taking the bond, who is the owner of real estate in this state having avalue over all incumbrances thereon, equal to the penal sum of the amount ofdamages stated in the writ. In case the owner of such real estate is acceptedas surety, the bond shall contain a description of the real estate, so that thereal estate may be readily identified in the records of land evidence of thecity or town in which it is situated, and also a statement by the surety of thevalue of the real estate free from all incumbrances, and the description andthe valuation shall be sworn to by the surety, and his or her affidavit shallbe made a part of the bond. Before the goods and chattels are released, anattested copy of the bond shall be filed with the recorder of deeds, but ifthere is no recorder of deeds, then with a city or town clerk of the city ortown in which the real estate is situated, and the copy shall be recorded inthe same manner as copies of writs of attachment are recorded under theprovisions of this chapter, and the bond shall be a lien upon the real estatedescribed in the bond until the action in which the attachment was made isdisposed of, or the bond is cancelled by the plaintiff, or by his or herattorney of record, or by order of a court of competent jurisdiction. Theofficer taking the bond shall be allowed a fee of one dollar and fifty cents($1.50) for making a copy of the bond, and the fee for the copy, together withthe fee for recording, shall be a part of the costs in the case. Any liencreated by the provisions of this section may be established, foreclosed, andenforced by a civil action, which action may be heard, tried, and determinedaccording to the usages in chancery and the principles of equity.