Section 9-13-101. Additional oath of jurors; damages and costs where claim made for delay

   Every juror on the trial of the claim of property either real or personal shall be sworn, in addition to the oath usually administered, to give such damages as may seem reasonable and just, in an amount not less than 10 percent of the amount due upon the execution when the value of the property in dispute exceeds the amount of the execution, or of the value of the property when the value of the property is less than the execution levied, to the plaintiff against the claimant in case it shall be shown that the claim was made for delay only. The jury may give a verdict in the manner aforesaid and judgment may be entered thereon against the claimant and his security for the damages so assessed and the costs of the trial.

Laws 1821, Cobb's 1851 Digest, p. 533; Code 1863, § 3661; Code 1868, § 3685; Code 1873, § 3738; Code 1882, § 3738; Civil Code 1895, § 4623; Civil Code 1910, § 5169; Code 1933, § 39-903.