(specially concuning). This is an appeal from an order denying a motion to amerce the sheriff for an alleged failure to-levy and return an execution for $130.53, with a subsequent credit- of $61.48. The motion was made and submitted on affidavits and counter affidavits, from which it appears that such an execution ivas issued to the sheriff without any fees or bonds, and without instructions to *287make a levy on any particular property; and that the sheriff was not able to find property on which to make a levy.

The motion is without any merit, and is not worthy of any discussion. Such a motion should not be sustained unless on a very clear showing of grave fault.

This is a proceeding to amerce a sheriff under the-provisions of § 7770, Compiled Laws of 1913. The only remissness in duty in any way apparent or urged by counsel for appellant is that the defendant officer failed to return the execution “on or before the return day.” The affidavits, however, show that the sheriff attempted by phone to demand, and actually mailed a letter demanding, his fees in advance, as he was entitled to do under the provisions of § 3548, Compiled Laws of 1913; and that such payment was not made. Even though the receipt of the letter was denied, its mailing was positively testified to; and under these circumstances the officer was under no further obligation to act in the premises, and the proceedings for amercement will not lie. There was no breach of duty.

The judgment of the District Court is affirmed.