16.1-101 - Proceedings against officer failing to make or making improper return. - Virginia Statutes

§ 16.1-101. Proceedings against officer failing to make or making improperreturn.

If an officer fail to make due return of any execution issued from a courtnot of record, he may, on motion of the plaintiff and after ten days' notice,be fined from time to time by the judge of such court in an amount not lessthan five nor more than twenty dollars for each offense. And if an officermake such return upon an execution issued from a court not of record aswould, on a motion against the officer, authorize judgment to be enteredagainst him for all or any part of the amount of such execution if theexecution had issued from a court of record, the creditor on whose behalfsuch execution issued, or his personal representative, may, on a motionbefore the judge of such court after like notice obtain such judgment againstthe officer, his sureties and others as could be given by a court of recordif the execution had issued therefrom. Section 16.1-106 with respect toappeals in civil actions shall apply to such judgment. Notwithstanding theprovisions of this section any such officer may be proceeded against asprovided in Chapter 16 (§ 15.2-1600 et seq.) of Title 15.2, or a motion forjudgment may be brought as authorized in § 8.01-227.

(1956, c. 555.)