                                 CODE OF VIRGINIA

PROCEEDINGS AGAINST OFFICER FAILING TO MAKE OR MAKING IMPROPER RETURN (§
16.1-101)

If an officer fail to make due return of any execution issued from a court not
of record, he may, on motion of the plaintiff and after ten days&#8217; notice,
be fined from time to time by the judge of such court in an amount not less than
five nor more than twenty dollars for each offense. And if an officer make such
return upon an execution issued from a court not of record as would, on a motion
against the officer, authorize judgment to be entered against him for all or any
part of the amount of such execution if the execution had issued from a court of
record, the creditor on whose behalf such execution issued, or his personal
representative, may, on a motion before the judge of such court after like
notice obtain such judgment against the officer, his sureties and others as
could be given by a court of record if the execution had issued therefrom.
Section 16.1-106 with respect to appeals in civil actions shall apply to such
judgment. Notwithstanding the provisions of this section any such officer may be
proceeded against as provided in Chapter 16 (§ 15.2-1600 et seq.) of Title
15.2, or a motion for judgment may be brought as authorized in § 8.01-227.

HISTORY: 1956, c. 555.