§ 12-19-50 — Issuance of Execution Against Plaintiff or Appellant for Own Costs; Issuance of Execution Against Sheriff, Etc., Failing to Return, Levy, or Collect Execution Issued Against Plaintiff or Appellant for Costs

(a) The Clerk of the Supreme Court, clerks of the courts of appeals, clerks of the circuit courts and probate judges, upon return of an execution “no property found” against the defendant by the proper officer of the county in which the judgment was entered, or, if the execution is from the Supreme Court or courts of appeals, of the county from which the case was brought, may issue execution against the plaintiff or appellant, as the case may be, for the costs actually created by the plaintiff or appellant, but for none other, to be collected and returned as other executions.
(b) Judgment may be entered on motion in the circuit court of such county, in the name of the clerk or probate judge issuing the execution, against the sheriff or his sureties, or either of them, upon three days’ notice, for dereliction of duty on the part of the sheriff for failing to return, levy or collect such execution so issued against the plaintiff or against the plaintiff and his sureties or against the appellant or against the appellant and his sureties for such costs, as follows:
(1) Twenty percent upon the amount of the execution for failing to return same;
(2) For failing to collect the amount of such execution when the same could have been collected by said sheriff by the use of reasonable diligence, the full amount of such execution and 10 percent on the amount thereof as damages; and
(3) For failure to pay over the amount collected thereon, the full amount of the sum so collected and not paid over and five percent per month damage for each month after demand.

Legislative History

(Code 1852, §3060; Code 1867, §3531; Code 1876, §5014; Code 1886, §3673; Code 1896, §1361; Code 1907, §3701; Code 1923, §7263; Code 1940, T. 11, §7; Acts 1975, No. 1205, p. 2384,§16-140.)