Under section 171 of the justices’ act (S. & C. 800), a constable is liable to the plaintiff in execution for the amount due thereon, in all cases where he suffers thirty days to elapse without making a true return, and also in all eases where he does not, within that time, pay over the money collected ; and it is' not necessary, in order to make him so liable, that both duties should be neglected.

Motion overruled.