¶1Before we give leave to prosecute the sureties of the Sheriff, under the discretion vested in us by the statute, (1 R. L. 421, s. 6,) we in general require that a fi.fa. a¿aiv.st the Sheriff be returned nulla bona, &c., as the evidence of his inability to pay. But this is not necessary vT.cn it appears sufficiently plain, as it does in this case, tho t the Sheriff is unable to pay. Issuing a fi.fa. and having it returned would be an idle ceremony.
¶2Motion granted.