#### Administrators of Hostler, Assignee, v. Patterson and others, Sureties of McIver, late Sheriff.

The Sheriff had returned to an execution, that he had levied monies thereupon, to the amount of £157, 8s. 4d. and now (he question was how judgment should betaken —whether for the penalty of the. Sheriff’s bond, to be discharged by the payment of the £157,8s. 4d, andeostsi *247or simply for thar sum not regarding* the penalty j aml at length it was entered up f>r £1¿T, 8s, 4d, — Judges agreeing thereto, reluctanier. See 1777, c. 8, s.

Note. — The practice now is to enter up jtu g-ment for the penalty of the bond, to be discharged by the payment of the real damages assessed by the jury.