§17‑44. Applicant to pay expenses and give bond to return.
The service of the writ shallnot be complete, however, unless the applicant for the same tenders to theperson in whose custody the prisoner may be, if such person is a sheriff,coroner, or marshal, the fees and expenses allowed by law for bringing suchprisoner, nor unless he also gives bond, with sufficient security, to suchsheriff, coroner, or marshal, as the case may be, conditioned that suchapplicant will pay the charges of carrying back such prisoner. (1868‑9,c. 116, s. 41; Code, s. 1667; Rev., s. 1859; C.S., s. 2246; 1971, c. 528, s.4.)