
    James Brown versus Thomas Wallace.
    An execution delivered to the sheriff who served the original writ, and a return of non est inventus by him, is sufficient to maintain a scire facias against the bail, although the principal live in another county.
    This was a scire facias against Wallace, as bail of one Hubbard, » wne is named in the proceedings as of Belfast, in the county of Hancock. Hubbard was arrested by the sheriff of Suffolk. The execution in the original action was directed to the sheriffs of Suffolk and Hancock, and to the coroners of Suffolk, there being at that time no sheriff in the county of Suffolk. Benjamin Homans, a coroner of Suffolk, returned it with non est inventus.
    
    The defendant demurred to the scire facias, and the plaintiff joined in demurrer.
    
      Dana, for the defendant,
    objected that the execution was not put into the hands of the sheriff of' Hancock, in which county Hubbard has his home.
    
      
      Fay for the plaintiff.
   But it was answered by the Court, that it had been long a settled practice to deliver the execution to the same officer who took the bail. His return is sufficient. — So the scire facias was adjudged good and sufficient.  