Officers and their deputies failing to levy executions in the name of the state or county, or withholding any such executions, and not making return thereof for o ne (1) month after the return day, or failing to pay the money when collected, shall, together with their sureties, be liable for the amount of the execution and twenty percent (20%) damages thereon, to be recovered by action in the name of the state or co unty by the county attorney.
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