If he has made no return, we will amerce him for the neglect. If the money be in his hands, the party entitled thereto must, after demand made, put his bond in suit.
MOTION OVERRULED.
No summary relief against a sheriff, who does not pay over money levied.
The defendant, being Sheriff of the county, had a writ of execution directed to him.
&ghers, for the plaintiff,
suggesting that the money was paid, moved that a rule to shew cause might issue against the defendant, who had failed to pay it over, and judgment be entered.
If he has made no return, we will amerce him for the neglect. If the money be in his hands, the party entitled thereto must, after demand made, put his bond in suit.
MOTION OVERRULED.
2 Mart. (o.s.) 46
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