Waters v. People — 1 Cole. Cas. 77

Majority

p. 77

Waters, sheriff of Orange, ads. The People.

Headnote

r HE fheriff was brought in upon an attach-JL ment, and the plaintiff in the original fuit having filed interrogatories within the four days allowed him, and the fheriff having aifo filed his anl’wers as taken by the clerk, the following judgment was entered.

A fheriff is not to be coniidcred as in contempt for not a&ing on an execution ■which never came to his perfonal knowledge, or was not lodged in his office. But in this cafe it appears the Ji, fa. was delivered to a deputy, and

p. 78

we need not fay whether fuch delivery be good fo as to charge the fheriff himfelf, becaufe here the iherifF afterwards affirmed the receipt by interfering and afting. He did not return it within, forty days, and his anfwers are not fatisfadfcory.

The Court adjudge him to pay a fine of twenty dollars for the contempt, and alfo the coils of the Rule and attachment, and to Hand committed till the fine and coils be paid.