If any constable or other officer shall collect or receive any money by virtue of an execution issued by a justice of the peace, and shall not pay the same over, on demand to the plaintiff in execution, or other person authorized to receive the same, the plaintiff, or other person authorized to receive the same, may recover the amount thereof, with interest and costs and twenty-five per centum damages, by motion before the justice of the peace against the officer and his sureties.Codes, Hutchinson's 1848, ch. 50, art 4 (6); 1857, ch. 6, art 179; 1871, § 283; 1880, § 391; 1892, § 771; 1906, § 833; Hemingway's 1917, § 639; 1930, § 634; 1942, § 3889.
Mississippi Legal Code