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Actions for neglect in office of sheriff may be brought against the under sheriff.
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3. In all cases in which by law any action or actions might be maintained against any sheriff for any neglect or misconduct in office, it shall and may be lawful for the person or persons, to whom such action or actions shall accrue, to bring such action or actions against the under sheriff in lieu and instead of the high sheriff, if such person or persons shall think proper so to do, unless it shall appear that the cause of action arose from some immediate act or default of the high sheriff alone, and not at all from any act or default of the under sheriff.
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