Chap. 112.—An ACT to Amend and Re-enact section 45, chapter 49, of
the Code of 1878, in relation to Motions against Officers and their
Deputies.

Approved March 16, 1874.

1. Be it enacted by the general assembly, That section g
forty-five of chapter forty-nine of the Code of eighteen hun- ¢
dred and seventy-three, be amended and re-enacted 80 as to a
read as follows: P

“8 45. If any officer or his deputy shall make return upon p
any order, warrant, or process by which it appears that he ¢
has received any sum of money by virtue of such order.
warrant, or process, or having received any sum of money
by virtue of any warrant, order, or process, shall fail to
make proper return thereof, the person entitled to such sum
of money may, by motion to the court to which, or to the
clerk’s offi¢e of which such order, warrant, or process was
returnable, recover against such officer and his sureties, and
against his and their personal representatives, the amount so
received, with interest thereon at the rate of fifteen per
centum per annum from the time such order, warrant. or
process was returnable, till payment; and upon any such mo-
tion the fact that such order, warrant, or process has not beep
returned, as was therein required, shall be prima facie proot
that the whole amount required thereby to be made—princi-
pal, interest, and costs—has been collected. Where sach
collection or return is made by a deputy, there may also be
a like motion and judgment against such deputy and his
sureties, and against his and their personal representatives:
but upon any such motion under this section founded upon
an order, warrant, or process issued prior to the second day
of April, eighteen hundred and sixty-five, the judgment shall
be for so much principal and interest as would, at the time
such order, warrant, or process was returnable, have been
recoverable by action, with interest thereon at the rate of
s1x per centum per annum from that time till payment.”
2. This act shall be in force from its passage.