
    The People against Gilleland, late Sheriff, &c.
    ALBANY,
    Feb. 1811.
    A sheriff was discharged from an attachment ín^anexecutioa deputyU years wIl°
    THE defendant was brought up on an attachment, for . . . , r i • -i not returning an execution issued out or this court, m the case of Brockway V. Wilbie.
    
    It appeared that the fi.fa. had been delivered, about 14 years ago, to the deputy of the defendant, who was then sheriff of the county of Rensselaer, and that the deputy afterwards absconded from this state and died abroad; and it did not appear what had become of the writ.
    
      Russell, for the plaintiff.
    
      Foot, contra.
   Per Curiam.

It would be unjust and oppressive, after such a lapse of time, and the death of the deputy, to charge the sheriff. He must be discharged.  