to sign his discharge undertaking. It is thus apparent that the defendant gains nothing in the point of time by rebonding; nor is there anything in the contention that to bar his right to traverse the attachment affidavit because he has rebonded is unjust, even on the assumption that he can more quickly secure his property by giving a discharge bond than by motion. Counsel for appellant has taken it for granted that in this jurisdiction the defendant has only these two modes of saving or regaining his property from the grasp of the attachment. They have overlooked or misconstrued § 4997, Comp. Laws, which provides that the warrant of attachment shall require the sheriff to seize and safely keep defendant’s property “unless the defendant give him security by the undertaking of at least two sufficient sureties in an amount sufficient to satisfy such demand, besides costs, or in an amount equal to the value of the property which has been, or is about to be, attached, in which case to take such undertaking.” It was urged on the argument of this cause by counsel for the appellant, who made an oral argument, that the bond provided for in this section is the same as the bond specified in § 5010, and that if the execution of one will bar the motion to discharge the attachment so will the execution of the other. To this view we cannot assent. The bond referred to in § 4997, as we construe it, is a mere substitute for the levy made or about to be made. That bond we will designate as the "substitute bond," the other as the “discharge bond,” in the course of this opinion. The latter runs to the plaintiff in the writ, while the former is given to the sheriff. The discharge bond is in double the amount of the claim, or of the appraised value of the property seized, while the penalty of the substitute bond is only commensurate with the amount of the claim, or of the appraised value of the property attached. The substitute bond can be given before seizure to prevent it, or immediately after a levy, without an appearance in the action. The discharge bond can only be executed after seizure, and after the defendant has appeared in the action. It is presented to the court or the clerk, and the sureties thereon must justify if the plaintiff so demands. The other bond is delivered to the sheriff, and no justification of sureties is required. The condition of the discharge bond is
