Section 103. If there are defendants other than the state treasurer and judgment is entered for the plaintiff against the state treasurer and against any of the other defendants, execution shall issue against such other defendants and be levied upon them. If the execution is returned unsatisfied in whole or in part, and the officer returning the same certifies that the amount due cannot be collected from the land or goods of such other defendants, a justice of the superior court shall direct the clerk to certify the amount due on the execution to the comptroller, who shall thereupon audit and certify the amount of the execution in the same manner as claims against the commonwealth, and the state treasurer shall pay the amount out of the assurance fund, without any further act or resolve making an appropriation therefor.
If judgment in such action cannot for any reason be entered against any of the other defendants it may be entered against the state treasurer alone, or, if it cannot be entered against all the other defendants, it may be entered against him and such of the other defendants as are found liable, and against whom judgment can lawfully be entered.
If judgment is entered against the state treasurer alone, the justice of the superior court before whom the action is tried shall direct the clerk to transmit to the comptroller a certificate of the entry of judgment and of the amount due, and the state treasurer shall pay the same upon the certificate of the comptroller, as above provided.