
    Combs vs. Bramlitt and others.
    
    Tha act of 1824, ch. 16, authorizing judgments upon motion against clerks, for not paying witnesses fees, &c. does not authorize such a judgment to be rendered against their securities.
    This was a motion, made by Combs against Bramlitt and others, as securities for the clerk of the circuit court of Giles county. The motion is founded on the act of 1824, ch. 16, which provides, “that if any sheriff or clerk shall fail or refuse to pay over to any witness or other person entitled to costs, in any cause determined, which costs may have been received, he shall be liable to be moved against in the court whereof he is clerk, for the amount of such cost, in the name of such witness,” &c. The motion was overruled in the circuit court.
    
      Combs and Washington, for plaintiff in error.
    
      Craighead, for defendants in error.
   Peck, J.

delivered the opinion of the court.

This act, like all others authorizing judgments on mo* tion, being in derogation of the common law, must be taken strictly. The motion must be made against the person designated in the act; and the manner prescribed must in other respects be pursued. This motion is not against the clerk, but against his securities: had it been authorized against all, then the motion should have been as broad as the provision. For a stronger reason, the motion cannot be maiñtained, where it is authorized against the clerk only. The securities cannot be reached in this form. If sought to be made liable, the common law remedy must, as against them, be pursued, by instituting a suit on their bond.

Judgment affirmed.  