dues put into his hands to collect, and duly account for and pay the same to the officers to whom such fees are due respectively, at such times as are prescribed and limited by law, and shall well and truly execute, and due return make, of all process and precepts to him directed, and pay and satisfy all sums of money and tobacco by him received by virtue of any such process, to the person or persons to whom the same are due, his or her executors, administrators, or assigns; and in all other things shall truly and faithfully execute and perform the said office of sheriff, during the time of his continuance therein, then the above obligation to be void, otherwise to remain in full force and virtue.

Sect. 11. Which bonds shall be made payable to the governor and his successors, and entered of record in the county court. And in the name of the governor, or his successors, any party injured may prosecute a suit on the last mentioned bond, and recover damages; and which bond shall not become void upon the first recovery, or judg ment, against the plaintiff; but may be put in suit at any time by any party injured. Provided, that on a verdict for the defendant, he shall

recover costs.

Sect. 12. No person to act as deputy sheriff more than two years in any period of four years, unless he satisfies the court that he has collected and accounted for the taxes assigned to him by his former principal.

Sect. 13. Every sheriff, deputy sheriff, or collector, receiving any taxes, fees, county levies or poor rates, shall deliver to the person paying a distinct account, and also a receipt for the same; under the penalty of four dollars, recoverable before a magistrate of his county; and shall also be liable to the party grieved, for receiving more than was really due; to be recovered by action on the case, in which the plaintiff shall recover full costs.

Sect. 14. Every sheriff, or his deputy, shall execute all process, legally issued and directed, within his county, and make due return, under penalty of twenty dollars each failure; one moiety to the governor, for the use of the commonwealth, the other to the party grieved; recoverable, with costs, by action of debt or information in any county court; and shall be liable to the party injured for damages at common law; and for every false return the sheriff shall forfeit sixty dollars, recoverable and to be divided as above.

Sect. 15. No sheriff shall return that the defendant is not found, unless he hath been at his dwelling house or place of abode, and not finding him, shall have left there an attested copy of the writ; and where the defendant is a known inhabitant of another county, the sheriff shall return the truth of the case, but not that the party is not found, and the suit, if issued from a county court, shall abate.

Sect. 16. The persons who may not be arrested may be seen under title ARREST.

Sect. 17. Bonds taken by sheriffs, other than to himself, and dischargeable upon the prisoner's appearance at the day mentioned in the writ, except in special cases directed by law, shall be void.

Sect. 18. Sheriffs shall not take any other or greater fees than those directed by law; all other services shall be done ex officio.

Sect. 19. Sheriffs shall collect all taxes, poor rates, &c. and account for them as directed by law.

Sect. 20. No sheriff, &c. shall distrain slaves for taxes, &c. if other sufficient distress can be had, nor take unreasonble distresses, under penalty of being liable to the action of the party injured, grounded upon this act, in which the plaintiff shall recover full costs.

Sect. 21. Sheriffs may impress guards for securing criminals in jail, who shall be paid by the public fifty cents each man per day.

Sect. 22. The delivery of prisoners by indenture, between the old sheriff and the new, or the entering upon record in the county court the names of the several prisoners and causes of their commitment, delivered over to the new sheriff, shall be sufficient to discharge the late sheriff from all suits or actions for any escape that shall happen afterwards.

Sect. 23. Sheriff's commission for collecting taxes, &c. and all officers' fees, except clerks and surveyors, shall be five per centum,

Sect. 24. No sheriff shall be obliged to go out of his county to pay money levied by execution, or to give notice to creditors, at whose suit any person may be in custody of such sheriff.

Sect 25. The high sheriff shall have the same remedy and judgment against his deputy and securities, for failing to pay money received by execution, or for an escape, as the creditor has against the high sheriff,

Sect. 26. Deputy sheriffs are to endorse on process, the day they served it, and subscribe their name as well as their principal's to the return, under the penalty of the same forfeiture as for a false return.

Sect. 27. The high sheriff may recover judgment against his deputy, &c. for failing to pay the taxes to be collected by him to the high sheriff or the treasurer, and five per centum interest, and five per centum damages: Provided, that no execution shall issue against the deputy, &c. for the five per centum: damages, till judgment is obtained against the principal.

Sect. 28. The securities of sheriffs may recover judgment and have execution against the lands of their principals, in the same manner as the commonwealth might.

Deputy sheriffs may complete the collection of the taxes due at the time of the death of their principals. ( Rev. Code, p. 132, sect. 29.) Extended to fines officers' fees, &c. (2 Rev Code, p. 123, sect. 3) And high sheriffs and deputies both dying, a collector may be appointed by the court. 1 Rev. Code, p. 133, sect. 30, 31. 2 Rev. Code, p. 123, sect. 3.

For more relating to the duties of sheriffs, see 1st and 2d vols. Rev. Code, Index tit. SHERIFFS; all the laws on this subject being too lengthy for insertion.

Of ARRESTS, or executing process, see title ARRESTS.

Of BAIL, see title BAIL.

(A) Bail bond, to the sheriff:

Know all men by these presents, that we. A D, of &c. and B S, of &c. are held and firmly bound to JS, sheriff of the county of

in the sum of of lawful money of Virginia, to be paid to the said J S, or his certain attorney, his executors, administrators, or assigns; for the true payment whereof we bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals; dated this in the year

day of

The condition of the above obligation is such, that whereas BP hath sued out of the court of a writ of capias ad respondendum, against the body of the above bound A D, in an action of which writ hath been duly executed; now if the said A D do appear before (the day to which the writ is returnable) then and there to answer the said action, then the above obligation to be void, else to remain in full force.

on the

(B) Prison-bounds bond, to the sheriff.

Know all men by these presents, that we, A D, B S, and C S, of are held and firmly bound to H S, sheriff of the county of and his successors in office, in the full and just sum of to be paid to the said HS, his successor in office, his or their certain attorney, executors, administrators, or assigns; for the true payment whereof we bind ourselves, jointly and severally, our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated this in the year

day of

The condition of the above obligation is such, that whereas the above bound A D hath been taken in execution by the said H S, by virtue of a writ of capias ad satisfaciendum, issued from the clerk's office of the court of to the sheriff of the said county of directed; and thereupon the said A ́D hath taken the benefit of the prison rules, assigned and laid out by the said county of Now if the said

AD shall not depart, or go out of the rules or bounds of the said prison,† then the above obligation to be void, otherwise to remain in full force.

Signed, sealed and delivered,

in the presence of

This bond must be assigned by the sheriff to the creditor, in the event of the escape of the prisoner. See 1 Rev. Code, ch. 79, sect. 2, p. 119.

Of ESCAPES, see title JAIL and JAILOR.

Of Executions.

For the form of a forth-coming bond, which has stood the test

of the court of appeals, see 2 Hen. & Munf. 398.

The law says "a reasonable penalty," and the practice has been to take the bond in a penalty double the amount of the debt. See 1 Rev. Code, ch. 151, sect. 37, p. 303.

† It has been decided, that if the condition of a prison-bounds bond contain any extraneous matter, or go beyond the tenor of the act of assembly, it is void. See Syme v. Griffin, reported in 4 Hen. & Munf.

1. Fieri facias....This is an execution against the goods and chattels of a man, as, leases for years, or moveable goods, &c. Comy. Dig. EXECUTION: C, 4.)

Goods pawned shall not be taken in execution for the debt of him who pawned them, during the time they are pawned. Kitchen, 226. Cony. Dig. tit. EXECUTION (C, 4.)

Nor goods taken and in custody of the sheriff, upon a former execution. Comy. Dig. EXECUTION (C, 4.) Show. 173. 3 Mod. 236.

Things fixed to the freehold cannot be taken in execution; unless fixed by the defendant himself, as coppers, fats, &c. Comy, Dig. ExECUTION (C, 4.) Bull, N. P. 34. i Atk. 477. 3 Atk. 13, 16. 1 Salk.

368.

Nothing can be taken in execution that cannot be sold; as deeds, writings, &c. Ca. Temp. Hardw. 53.

Bank notes, &c. cannot be taken in execution, because they partake of the nature of choses en action. Ibid.

Money may be taken in execution, if in possession of the defendant. 1 Cranch. 117.

But money made by the sheriff upon a fieri facias, at the suit of A, but not paid over to him, cannot be levied upon by a fieri facias against A. In other words, the sheriff cannot retain the money of a plaintiff, made on an execution, on the ground that he has another execution against the same plaintiff, in which he appears in the character of defendant. Ibid.

So, money lent to a sheriff and applied to his own use, before he received a writ of fieri facias against the lender, is not liable to satisfy such execution. 2 Hen & Munf. 89.

But if a plaintiff cannot find sufficient effects of the defendant to satisfy his judgment, the court will order the sheriff to retain, for the use of the plaintiff, money which he has levied in another action at the suit of the defendant. Doug. 231. Armistead v. Philpot, recognised in Turner v. Fendall. 1 Cranch. 117, 135.

The specific goods of a testator in the hands of his executor cannot be taken in execution, under a judgment against the executor in his own right; if the sheriff have notice that the goods are not the proper goods of the executor. 4 Term Rep. 621,

But if an executrix use the goods of her testator as her own, and afterwards marry, and then treat them as the goods of her husband, she shall not be allowed to object to their being taken in execution for her husband's debt. 1 Bos. & Pull. 293,

If two writs of fi fu. be delivered to the sheriff on the same day, and he executes the last first, the execution is good, but he is liable to the plaintiff in the first. Salk. 320. 1 1 Ld. Raym. 251.

And the sheriff, or officer, is bound to endorse on the execution the day of the mouth and year when he received it. 1 Rev. Code, p. 297, sect. 11.

Where two writs of fieri facias, against the same defendant, are deJivered to a sheriff on different days, and no sale is actually made of the defendant's goods, the first execution must have the priority, even though the seizure were first made under the second execution. Term Rep. 729.

After a fieri facias is delivered to a sheriff, he may enter the house of the defendant, when the door is open, and seize the goods of the defendant there found. Comy. Dig. EXECUTION (C, 5.) 5 Co. 92. a. But he cannot break a house to make execution upon goods or body. Ibid. and Cro. Eliz. 909. Moor 668. Yelo 28.

Neither can he open the door, though it be only latched. Comy. Dig EXECUTION (C, 5.)

Or knock, and when the door is a little opened, thrust in with violence. Ibid. and Hoo. 62.

But if the house be open, and the sheriff enters, he may afterwards break an inner door to take the goods. Ibid, and Palm, 54.

So, if the goods of A are conveyed into the house of B, to avoid execution, the sheriff, upon a fieri facias against A, may break the house to make execution. Ibid. and 5 Co. 93. a.

A sheriff may enter a house after dark, to execute a fieri facias, if the doors be open. 5 Co. 92. Cro. Jac. 486.

But it seems, that if it be the house of a stranger, he ought to aver that the goods are there. Lutw. 1434.

If A recover in tort against two defendants, and levy the execution on one only, that one cannot recover a moiety against the other for his contribution; although it is otherwise in assumpsit. 8 Term Rep.

186.

The sale of goods bona fide, by the defendant, pending the action, shall be valid; but if done fraudulently, they are liable to the plaintiff's execution. See Cro. Eliz. 974. Coke's Reports, Twyne's case.

Property of goods is not bound till the delivery of the execution to the officer. Virg. Laws, 1 Rev. Code, p. 297, sect. kl.

If the defendant dies, after the execution is in the hands of the sheriff, and before it is served, the execution may be levied on the property in the hands of the executors. Cro. Eliz. 181. Willes 131. 7 Mod. 251.

If, after seizure of the goods, the defendant regains the possession of them, the sheriff may recover them in his own name, in an action of trover. 2 Saund. 47.

If on a fieri facias against A, the goods of B are taken, an action of trespass will lie against the sheriff. Kib. 693. Doug. 40.

The sheriff cannot deliver the goods to the plaintiff in satisfaction of his debt. Cro. Eliz. 504.

In the case of Clark v. Withers (1 Salk. 323.) the following points were resolved.

(1) A fieri facias does not abate by the plaintiff's death, and the sheriff may proceed in it; because an execution is an entire thing. (2) That the sheriff who begins an execution shall end it, notwithstanding his office expires; and a distringas nuper vice-comitem lies, of which there are two sorts; the one to distrain the old sheriff to sell and bring in the money; the other to sell and deliver the money to the new sheriff. (3) That by the seizure of goods the property was divested out of the defendant, and in abeyance, and that the only remedy lay against the sheriff.

2. Capias ad satisfaciendum....This writ lies against the body of the defendant, and by the common law, the body was to be taken and detained in custody till the debt was paid; but by the laws of Virginia