§ 18-60-819 — Arrest and discharge of defendant

(a) If the property described in the order shall have been removed or concealed so that the officer cannot make delivery thereof, when the order contains a capias clause, the officer shall arrest the body of the defendant and hold him or her in custody in the same manner as on a capias ad respondendum in a personal action until the defendant shall execute the bond prescribed in subsection (b) of this section or be otherwise legally discharged. (b) The defendant shall be entitled to be discharged from arrest at any time before final judgment had in the cause upon executing to the officer who shall have made the arrest, with the addition of his or her name of office, a bond in a penalty of at least double the value of the property described as sworn to in the affidavit, with such security as shall be approved by the officer, conditioned that the defendant shall abide the order and judgment of the court in the action and that he or she will cause special bail to be put in, if it is required.

Legislative History

Acts 1875 (Adj. Sess.), No. 86, §§ 2, 3, p. 165; C. & M. Dig., §§ 8644, 8645; Pope's Dig., §§ 11377, 11378; A.S.A. 1947, §§ 34-2112, 34-2113.