§ 795. Liability of sheriff for omission of duty. An action may be
maintained, in behalf of the people, against a sheriff, to whom a
warrant is directed and delivered, as prescribed in this article, to
recover damages for any omission of duty with respect to the same, in a
case where a judgment creditor might maintain an action against a
sheriff, to whom an execution issued out of the supreme court is
directed and delivered. In such an action, the people are entitled to
recover the same damages, which a judgment creditor would be entitled to
recover, if the order imposing the fine was a judgment of the supreme
court.