The coroner returned that he had made the money upon an execution which had issued at the instance of the plaintiff, but did not bring it into court.
It was moved that judgment should be entered up against the coroner and securities.
The evidence offered was the return only. It is sufficient to obtain judgment against the returning officer himself, but not against his securities, without notice, under the Acts of Assembly 1801, c. 7, § 5; 1803, c. 18.