§ 42-18. Tenant's undertaking on continuance or appeal.
§42‑18. Tenant's undertaking on continuance or appeal.
In case there is a continuanceor an appeal from the magistrate's decision to the district court, the lesseeor cropper, or the assigns of either, shall be allowed to retain possession ofsaid property upon his giving an undertaking to the lessor or his assigns, orthe adverse party, in a sum double the amount of the claim, if such claim doesnot amount to more than the value of such property, otherwise to double thevalue of such property, with good and sufficient surety, to be approved by themagistrate or the clerk of the superior court, conditioned for the faithfulpayment to the adverse party of such damages as he shall recover in saidaction. (1876‑7, c. 283, s. 3; Code, s. 1756; Rev., s.1995; C.S., s. 2358; 1971, c. 533, s. 2.)