(1) All prisoners committed on civil process shall be actually confined in jail until discharged according to law; and if any sheriff or keeper of jail permits any prisoner to leave confinement before such time, such sheriff or keeper is liable to the judgment creditor for the damages sustained and shall be guilty of a misdemeanor.

  (2) But if the prisoner is returned to custody before commencement of an action based on the liability herein described, then such liability shall be null and void.