Escapes -- Sheriff's liability.

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  • (1) When the arrest is upon an order to hold to bail or upon a surrender in exoneration of bail before judgment he is liable to the plaintiff as bail.
  • (2) When the arrest is on an execution or commitment to enforce the payment of money he is liable for the amount expressed in the execution or commitment.
  • (3) When the arrest is on an execution or commitment other than to enforce the payment of money he is liable for the actual damages sustained.
  • (4) Upon being sued for damages for an escape or rescue he may introduce evidence in mitigation and exculpation.




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