19-19-9 - Effect of failure to execute and return execution.
§ 19-19-9. Effect of failure to execute and return execution.
If any constable or other officer fail to execute and return, according to law, any execution to him directed by any justice of the peace, on or before the return day thereof, the plaintiff in execution may recover the amount thereof, with interest and costs and five per centum damages thereon, by motion before the justice to whom the execution was returnable, against the officer and his sureties. When any constable, or such other officer, or his sureties, shall have paid the amount of money and damages recovered, the original judgment shall be vested in the person so paying. The justice, on motion, may fine the officer not exceeding fifty dollars for failing to return such execution.
Sources: Codes, Hutchinson's 1848, ch 50, art 4 (5); 1857, ch. 6, art 178; 1870, § 282; 1880, § 390; 1892, § 770; 1906, § 832; Hemingway's 1917, § 638; 1930, § 633; 1942, § 3888.