Watson v. Hoel

A sheriff in his return to a Jl.fa. must particular ■ ly specify the * different articles upon which he has levied. Nor will he he excused on the allegation that the same articles had been already seized under a prior execution.

THIS was a rule to show cause why Allen the sheriff oi Morris should not be amerced. It appeared that he had returned the fi. fa. to April term 1791, and instead of endorsing a particular inventory of the articles upon which he had levied, he had recited a levy upon one or two specified articles of property, and added “ and upon all the household goods &c. subject to prior executions, value Ss. a manifest violation of his duty and within the express words and meaning of the act of assembly requiring; the sheriff to return an inventory or be subjected to an amercement. He contended that what was endorsed upon this writ could not be called an inventory within the meaning of the act of 29 November 1788. which would be evaded and defeated by such limping and imperfect schedules. said that it appeared that all the goods of the defendant had been already seized under a prior execution, and in fact had been since sold. The seizure by Allen therefore was nugatory. If he had made an inventory it could have availed the plaintiff nothing. In fact after goods or property have been once levied upon under an execution, there is a lien upon them; and until this is discharged, they cannot be again seized. Allen therefore had no right to seize and inventory these goods, he has returned them as subject to prior executions, and it would be transcending the bounds of his duty, and perhaps the limits of his authority, to have done any thing further. Besides the sheriff in his return has pursued the customary form of proceeding, and it may be questioned whether the expression of “ household goods” is too general a description. said that the practice of the sheriff on this point was in direct violation of a just and politick legislative provision. The act requires an inventory to prevent frauds and disputes as well between creditors as officers. The fi, fa, itself creates a general lien on the property, the addition of the inventory is a new provision, designed to secure creditors against embezzlement and frauds.