§  1704.  The  defendant,  if  he  does  not  except  to  the  plaintiff's  sureties,  as  pre-
scribed in  the  last  section,  may,  within  the  time  allowed  to  him  for  such  an  ex-
ception, serve  upon  the  sheriff,  a  notice  that  he  requires  a  return  of  the  chattel
replevied.     With  the  notice,  he  must  deliver  to  the  sheriff  the  following  papers:

1.  An  affidavit,  containing  an  allegation,  either  that  the  defendant  is  the  owner
of  the  chattel,  or  that  he  is  lawfully  entitled  to  the  possession  thereof,  by  virtue
of  a  special  property  therein,  the  facts  with  respect  to  which  must  be  set  forth.
3.  An  undertaking,  executed  by  at  least  two  sureties,  to  the  effect  that  they  are
bound,  in  a  specified  sum,  not  less  than  twice  the  value  of  the  chattel,  as  stated
in  the  affidavit  of  the  plaintiff,  for  the  delivery  thereof  to  the  plaintiff,  if  dellv
ery  thereof  is  adjudged,  or  if  the  action  abates  in  consequence  of  the  defendant's
death;  and  for  the  payment  to  him  of  any  sum,  which  the  judgment  awards
against  the  defendant.
Within  three  days  after  serving  a  notice,  requiring  a  return  of  the  chattel,
as  prescribed  in  this  section,  the  defendant  must  serve  upon  the  plaintiff's  attor-
ney, notice  of  the  justification  of  the  sureties  to  the  undertaking.
