1 N.C. 187
Decided July 1, 1793
LAICOCK brought a special action on the case, against Wishire, and counted that he took a latitat out of the King’s Bench to arrest one Wilmot, at the suit of himself and wife, directed to the sheriff of Wilts, who had appointed tHe defendant his under-sheriff, which office he executed before and afterwards, (the said Wilmot, ad tunc et ibibem being in the presence, view and company of the said Witshire.) quibus nonobstantibus.
Decided 1793-07-01
¶1concurred. But there is a distinction to be taken: for the sheriff shall not be imprisoned for the act of the under-sheriff; nor does an indictment lie against him for the act of his deputy. But for all matters of damage to the party, he shall answer to the subjects of the King, and not the under-sheriff.
¶2The sheriff and not the under-sheriff, shall be charged, for it is a misdemeanor in office, and the sheriff is the only officer of this court. Adjournatur.