8Power of Sheriff to recover fees and expenses by action

8 Power of Sheriff to recover fees and expenses by action

Whenever the Sheriff or his officers are unable without default on their part to recover under any civil process the fees and expenses necessarily and properly incurred and payable in respect thereof from the person against whom such process has issued, such fees and expenses, or any part thereof, shall be paid to the Sheriff by the party at whose suit the execution issued; and on non-payment of the same by such last-mentioned party on demand, a judge shall, in a summary way, ascertain the amount of such expenses and enforce payment thereof by such last-mentioned party to the Sheriff by the same means as are by law provided for enforcing a judgment of the Supreme Court, and such amount shall be recoverable by such last-mentioned party against the opposite party as costs in the cause.