ART. 87.] SHERIFFS—PROCESS AND RETURN. 1285

P. G. L., (1860,1 art. 88, sec. 16. 1794, ch. 54, sec. 1.

12. If any sheriff shall fail to make return of a writ of execu-
tion 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.

Ibid. sec. 17. 1794, ch. 64, 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. 18. 1794, ch 54, sec. 3.

14. If a sheriff shall pay to the plaintiff any judgment ren-
dered 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 benefit and advantage from such judg-
ment or cause of action and suit thereon depending that the
original plaintiff might have had thereon.

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 or late
sheriff to bring into court, or before the said judge at the time
mentioned in the said rule, or any other day to be named by the