Money thus sent is at the risk of the creditor.-Ib. But, when an officer had neglected to make return of his execution, from which the creditor presumed the money was collected, and ordered it to be remitted by mail, it was held that money received by him afterwards and forwarded by mail some weeks subsequent to his order, was sent at the risk of the officer. -Ibid.

If the officer had given notice of its subsequent receipt, the case might have been otherwise.-Ibid.

As a general rule, a payment to the attorney of record is a good discharge for the officer. But, when the creditor had paid the attorney the costs of the execution, and delivered it himself to the officer, a payment to the attorney was insufficient.-13 M. R. 465.

N. Of arresting the body on execution.

1. Of the arrest.

The general rules upon this subject are fully treated in this work, from page 60 to 79. The cases there cited are as applicable to arrests on execution as on mesne process..

2. Of rescue.

In this place, rescue signifies the taking away and setting at liberty, or the forcibly freeing another from arrest or commitment.

It is a criminal offence, and subjects the parties concerned, to an action at the suit of the party injured, as well as to indictment.

To constitute a rescue, there must be first an actual arrest, for a mere disturbance, or obstruction to the process, will not complete the offence.--Co. Litt. 166.

On mesne process, a rescue is a good return, and the plaintiff's remedy is not against the officer, but against the rescuers only.-Ante, 74.

But, on execution, the officer cannot be justified by such a return, for he should take with him, the posse comitatus.-10 M. R. 206.

After an arrest is made, and a rescue is attempted, the sheriff may use force to repel it, and he would be justified in an action for the battery.-Esp. Dig. 314. If an officer have several precepts in his hands, against the debtor, an arrest upon one is an arrest upon the whole.

3. Of commitment on execution.

By our law, an officer is obliged to carry his prisoner, taken on execution, immediately to the nearest jail in the county.

A copy of the execution with the return of the officer endorsed thereon, should be delivered to the jailer, at the time of the commitment.--2 Pick. 445.

In England, it is usual to place the prisoner in a lock up house, some days before his commitment, but this practice is there regulated by statute, and is considered for the benefit of the prisoner, but here it would be contrary to the spirit of our habeas corpus act.

So, if the debtor be actually in custody of the sheriff, at the suit of one creditor, and a second creditor deliver an execution to the sheriff on his own suit, the delivery of the second writ is an arrest in law.-B, N. P. 66-3 Stark, 1346.

It is apprehended, however, that, by our law, an officer would not be liable for an escape upon mesne process, in the above case, unless he have special or ders to arrest the body,

4. Of escape.

Escape signifies a violent or private evasion from lawful restraint.-1 Backus, 152.

Escapes are either voluntary or negligent; the former, when they are by the express consent of the officer or keeper, after which he can never retake his prisoner, upon the same execution. The creditor

may cause him to be retaken, but the sheriff must answer for the debt.-3 Com. 52.-10 M. R. 59.

Negligent escapes, are when the prisoner leaves the custody without the knowledge or consent of his keeper; in this case, he may be again taken on fresh pursuit, and the sheriff will be excused, if he has him again, before action brought against him.--3 Bl. Con. 415--Wm's Hobart, 60, in note.

When a debtor is arrested on execution, if he is permitted to go at large, even for a minute, it is an escape.-1 Backus, 154.

If the sheriff arrests a man, upon the same execution, after a voluntary escape, he would be a trespasser.--Ibid-15 Johns. 256-1 Saund. 35.

The plaintiff's remedy against the debtor is not affected by an escape, whether it be voluntary or negligent.--10 M. R. 59.

In an action of debt against a sheriff, for an escape, whether negligent or voluntary, the plaintiff is entitled to recover the whole amount of the judginent.-5 M. R. 310-10 M. R. 59—3 Stark. Ev. 1314-1 Saund. 35.

In case of a negligent escape, the officer may pursue his prisoner and retake him, even in another county, and even for a long time afterwards, if it be on fresh suit.-Hawk. P. Č. 200.

In such case, the officer would be justified in breaking doors, or in taking his prisoner on Sunday.Ante, 74,

0. Of the return of executions.

A return is the sheriff's answer to the writ, or a certificate shewing in what manner he has executed the command made to him, or the reason why he has not complied with it.-Dalt. Sher. 162.

This is the most difficult part of the duty of an officer: he acts at his peril, and is liable for any errors he may commit, and this too, generally, without

remedy, for an officer can never deny the facts stated by him in his return.

The return must be wholly in writing, and nothing can be supplied by parole evidence: it must be certain to every intent and answer every point in the writ. -Dalt. 168.

It must be attested by the officer, with his name of office, whether sheriff, coroner, or constable; and must particularly state the date when the facts took place.-5 Dane, 669.

A writ can be returned only by the officer to whom it is directed.

But in case of a writ of review directed to one sheriff and returned by another, the court permitted the direction to be amended, because, being a judicial writ, it was merely the error of the clerk.9 M. R.

217.

When an officer had returned a writ served by him, with a memorandum merely, without any signature or statement of the time and mode of service, he was afterwards allowed, although out of office, to complete his return.-1 Pick, 461.

So, where a deputy sheriff died, after he had sold a right in equity, and gave a deed without having entered his doings upon the execution, the sheriff was permitted to make the return; and this consummated the title of the purchaser although it was done after the return day of the execution.-2 Pick. 276.

Where a deputy sheriff, made a mistake in the copy of an execution, which he left with a jailer, he was permitted afterwards to substitute a correct copy, even after the debtor had applied for a writ of habeas corpus.-Ibid, 445.

There is no particular time within which an execution levied upon lands, must be returned, but it must be recorded in the registry of deeds within three months.-3 Pick. 331.

But, if the officer does not either return the execution in such a case, or get it recorded, or deliver it to the creditor in season for him to procure a registry of

it, the sheriff must be liable for the whole value of the land.-6 Pick. 170.

Where land is attached by one description and the return of the execution gives a different description, parole evidence will be admitted, to shew, that the same land was intended.-Ibid.

The return must state specifically, the manner in which the execution was laid, and it is not sufficient. to state, that it was done according to law.-9 M. R. 242-13 M. R. 483.

An officer may avoid any inconvenience to himself, by stating the facts specially in his return.-6 M. R. 325.

The facts stated in an officer's return, can be controverted, only in an action against him 'for a false return.- -4 M. R. 478-9 M. R. 96-10 M. R. 31311 M. R. 163–17 M. R. 591.

The officer will not be permitted to amend his return, so as to affect the rights of others not parties.8 M. R. 240.

But he may amend, if the rights of others are not affected.-11 M. R. 413.

After a lapse of six years, an officer was not permitted to supply facts in his return, the omission of which would render him liable for damages; unless there was something in the record from which the amendment might be made.-13 M. R. 270-See Ante, page 77.

P. Powers and duties of sheriffs in criminal cases.

The sheriff being the principal conservator of the peace within his county, his duties in this respect are highly important to the safety of the community. 1. Of his duty to yield obedience to justices of the

peace.

Sheriffs, deputy sheriffs, and constables, are directed to serve all warrants issuing from justices of the