ยง  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.