1950 SHERIFFS. [ART. 87

against such sheriff; which judgment shall have the same effect as if
rendered upon verdict.
See notes to sec. 12.

1904, art. 87, sec. 12. 1888, art. 87, sec. 12. 1860, art. 88, sec. 16. 1794, ch. 54, sec. 1.

12. If any sheriff shall fail to make return of a writ of execution

within the time limited by rule of court for that purpose, the court may

cause judgment to be entered in the name of the plaintiff against such

sheriff for the amount of the judgment recited in such execution, which

judgment shall have the same effect as a judgment rendered on verdict.

A Judgment by default under this section is equally as valid as a Judgment

on verdict. The fact that the debtor (against whom the sheriff falls to make

return on execution) has secured an Injunction against the creditor from

proceeding on his Judgment, does not per ae entitle the sheriff to the same

relief as to the Judgment against him under this section. When the Judgment

against the sheriff will be arrested. Fowler v. Lee, 10 G. & J. 360.

Unless there is an affidavit that the execution has been delivered to the
sheriff, or that a ocpy of the rule on the sheriff to return It has been served
upon him the court can not enter Judgment against the sheriff. Cadwallader
v. Binggold, 4 H. & J. 564.
See art. 83, sec. 1, et scq.

Ibid. sec. 13. 1888, art. 87, sec. 13. 1860, art. 88, sec. 17.
1794, ch. 54, sec. 4.

13. The court, on motion, shall order a sheriff to make return of
any original writ or writ of execution, unless such sheriff shall satisfy
the court by his oath or otherwise that the said writ was not received
by him or, to his knowledge, by any of his deputies.

Ibid. sec. 14. 1888, art. 87, sec. 14. 1860, art. 88, sec. 18. 1704, ch. 54, sec. 3.

14. If a sheriff shall pay to the plaintiff any judgment rendered
against him as aforesaid, he shall thereupon be entitled to the original
cause of action or the judgment as fully as the plaintiff was and may
issue any execution in his own name, or in the name of the plaintiff,
on such judgment for his own use; or prosecute such action to judgment
and execution for his own use, and shall be entitled to every other bene-
fit and advantage from such judgment or cause of action and suit
thereon depending that the original plaintiff might have had thereon.

Ibid. sec. 15. 1888, art. 87, sec. 15. 1868, ch. 203.

15. If any sheriff shall make return to the court of any fieri facias
attachment, or venditioni exponas that he has seized the property of the
defendant which remains unsold, or that the property heretofore levied
upon remains in his hands unsold for want of buyers, or that the
defendant has satisfied the plaintiff or his attorney the debt or claim
or any part thereof mentioned in the said process, the said plaintiff or
his attorney may apply to the said court for a rule on the said sheriff
or late sheriff, as the case may be, to bring the said money into court
or before a judge thereof on a day to be named in the said rule, or
show good cause to the contrary; and upon the failure of the said sheriff