§ 794. Proceedings if fine not collected. Where it appears, by the
return, that a fine remains uncollected, and it does not appear that the
sheriff has the delinquent in custody, the district attorney must, if he
has good reason to believe that the sheriff might, with due diligence,
have collected the fine, or arrested and detained the delinquent,
commence an action against the sheriff, in the name of the people.
Otherwise he must direct the clerk to issue a new warrant, or to include
the fine in the schedule, annexed to the next warrant, to be issued by
him. A new warrant may, from time to time, be issued, or the fine may be
included in the schedule annexed to a subsequent warrant, until it is
collected.