(1) The undertaking may be substantially in the following form:
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“I, A B,” or “We, A B and C D, undertake to pay E F, the defendant in this action, all disbursements that may be adjudged to E F in this action.”
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(2) The sureties must possess the qualifications of bail upon arrest, and, if required by the defendant, must justify in a sum not less than $50. A deposit with the justice of such sum as the justice may deem sufficient shall be equivalent to giving the required undertaking. If the undertaking or deposit in lieu thereof is not given or made by the time the action is at issue and ready for trial on a question of fact, the justice must dismiss the action as for want of prosecution. [Amended by 1995 c.79 §14]
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