19-25-43 - Liability of sheriff as to final process of chancery court.
§ 19-25-43. Liability of sheriff as to final process of chancery court.
A sheriff or other officer properly authorized to act for him shall not return an execution or attachment for not performing a decree in chancery to the office whence it issued without noting thereon how he has executed the same, unless by the express direction, in writing, of the plaintiff, his agent or attorney. If a sheriff or other officer, not having such directions, shall return such execution or attachment without noting thereon how he has executed the same, he and his sureties shall be subject to all the liabilities, fines, and penalties imposed on a sheriff for failing to return an execution, recoverable in the same manner. When any execution shall be settled, or the money due thereon received, wholly or in part, by an officer, he shall make a statement of the amount thereof on the execution, including his own fees and commissions, and return the same with the execution.
Sources: Codes, 1857, ch. 6, art 122; 1871, § 228; 1880, § 332; 1892, § 4119; 1906, § 4671; Hemingway's 1917, § 3088; 1930, § 3318; 1942, § 4243.