
    No. 3.
    FLAGG against WALKER.
    
      Rutland,
    
    1817.
   A promise, made to a Sheriff, who had suffered an execution to run out in his hands in consideration that he would not take out an alias execution, is void for want of consideration ; the Sheriff having no authority to pray out execution unless directed or empowered by the creditor; no costs were allowed in this case the decision being made on motion in arrest, by defendant.  