The form of said bond shall be as follows, to wit:

Know all men by these presents, that we (A. B., principal, or C. D., agent for A. B., principal, as the case may be) and N. N. and M. M., his securities, are held and firmly bound unto ...... (defendant), in the sum of ...... dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents, sealed with our seals and dated this ...... day of ......, A. D. ......

The condition of the above obligation is such that, whereas the above named A. B. has this day sued out an attachment before J. J., clerk of the district court, against E. F. for the sum of ...... dollars, in the district court for the county of .......

Now, if the said A. B. shall prosecute his said action without delay, and with effect, and refund all sums of money that may be adjudged to be refunded to the defendant, and pay all damages that may accrue, to any defendant or garnishee by reason of said attachment, or any process of judgment thereon, then this obligation to be null and void, otherwise to remain in full force and effect.

A. B. N. N. M. M.

(L. S.) (L. S.) (L. S.)

History: C.L. 1897, § 2685 (208), added by Laws 1907, ch. 107, § 1 (208); Code 1915, § 4318; C.S. 1929, § 105-1621; 1941 Comp., § 22-108; 1953 Comp., § 26-1-8.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).

For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 258 to 269, 333, 334.

7 C.J.S. Attachment §§ 118, 126, 252, 317.