
    Nimrod Kelly vs. Thos. Payne, Sheriff.
    in debt, against tbe sheriff, under the act of assembly allowing a person 50 per cent against him for money collected and not paid over, the allegation of non-payment is a sufficient assignment of the breach.-
    
      *TííIS was an aGtion of debt, against the sheriff, on the act, to recover SO per cent on a sum of money collected by him and not paid over,.
    A verdict was had for the plaintiff.
    A motion was submitted to arrest the judgment, on the ground that no breach was assigned in the declaration.
   Mr. Justice Huger

delivered the opinion of the Court. The breach is the non-payment of the money, which is assigned in the declaration. •

The motion is dismissed. '

Justices Colcock, Johnson, Richardson, Nott and Gantt, concurred.  