Laicock's case , 1 N.C. 187 ( 1793 )

Doderidge, J.

It lies against the sheriff, and not against the under-sheriff, for the sheriff is an officer of the court, and the under-sheriff is not, although he be allowed, by different statutes. For every default in the execution of the office, although it be by the neglect or fraud of the under-sheriff, the sheriff shall be amerced here and in the Exchequer.