The order shall not be issued until there has been executed by one or more sufficient sureties of the plaintiff, to be approved by the clerk, an undertaking in not less than double the value of the property as stated in the petition to the effect that the plaintiff shall duly prosecute the action, and pay all costs and damages which may be awarded against him, including attorney's fees and, if the property be delivered to him, that he will return the same to the defendant if a return be adjudged; provided, that where the State of Oklahoma is party plaintiff, an undertaking in replevin shall not be required of the plaintiff, but a writ shall issue upon petition duly filed as provided by law. The undertaking shall be filed with the clerk of the court.
R.L. 1910, § 4800. Amended by Laws 1923, c. 75, p. 141, § 1; Laws 1976, c. 71, § 2, emerg. eff. April 26, 1976; Laws 1977, c. 96, § 1, emerg. eff. May 30, 1977.
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