t Vide ante, carry him to a judge's chambers. Fofter, J. faid, if he was brought to him he would not turn him over till the poundage was paid. White v. Haugh, 2 Stra. 1262. See Hopman v. Barber, ib. 814. Tid. Prac. K. B. 176. 4. If the sheriff levy he is entitled to four days, though the parties compromife before he fells any of the defendant's goods. Alchin v. Vells, 5 Term Rep. 470. After fuch compromife neither party ought to rule the sheriff to return the writ, if he do the court will discharge such rule with cofts. lb. Vide Parker's Rep. 177. 5. Nothing but the poundage can be taken by the fheriff under 29 Eliz. c. 4. for levying an execution, therefore it has been adjudged that he cannot be allowed the expence of an auctioneer, or even the levy fee of one guinea. But if the plaintiff chufe to have an auction, he muft defray the expences out of his own debt, for there is no colour to charge the defendant with it. If the defendant wish to have an auction he must pay for it out of his own pocket, but it makes no part of the theriff's account. In actions on fimple contracts and judgments for a debt certain the expence of levying must be paid by the plaintiff and not the defendant. But if the judgment be for a penalty, the plaintiff has a right to receive the whole of his debt, independent of the expecces of an execution, Per Buller, J. Woodgate v. Knatchbull, 2 Term Rep. 148. 6. If the sheriff overcharge the plaintiff he is the party grieved entitled to the action under 29 Eliz. c. 4. Ib. 7. A queftion arofe whether plaintiff could levy poundage and other neceflary charges befides the cofts taxed out of a penalty? And the court held he might; if the defendant fhould think himfelf aggrieved, the court, upon application, would refer the matter to the prothonotary, to enquire whether plaintiff had levied more than he ought to have done, or not. Dakeyne v. Thornhill, Barnes 198. 7. If an action be brought for poundage it must be by the fheriff, and not by his bailiff, for the fheriff is the only officer known to the court; he may employ whom he pleases, but he is anfwerable civiliter for the acts of all thofe employed by him; but not criminaliter for the acts of his bailiff; and the reason is, because the party who is damnified fhall have an oftenfible person ageinft whom he can proceed. Saunderfon v. Baker, 3 Wilf. 316, Woodgate v. Knatchbull. 9. The fheriff may retain his poundage out of the money levied, fo out of money levied by a levari facias, on an outlawry, though ordered to be reftored on giving fecurity. Rex v. Burrell, Bunb. 305. 10. An action brought in the Exchequer by the sheriff of London, on bail bond taken in their own names for the appearance of defendants, who was taken on Exchequer procefs, on the profecution of the attorney-general on behalf of the crown, for cuftom-houfe penalties and forfeitures, and a teftatem ca. fa. iffued into Herefordshire against the bail, the fheriff of Herefordfhire is entitled to his poundage, for this is not the fuit of the crown. Lake v. Turnerr, 4 Burr. 1981. 11. By 7 Geo. 3. c. 29. the sheriff is not entitled to poundage for taking the body, in execution on procefs at the fuit of the fheriff, &c. on bail bond taken for the appearance of a perfon fued for duties, or for a penalty for fmuggling, or for any cafe where he would not be entitled if the fuit was directly in the name of the crown. 12. By 14 Geo. 3. e. 20. prifoners acquitted or discharged by proclamation shall be immediately fet at large in court, without paying any fee, and the treasurer of the county shall, on the judge's certificate pay the ufual fee not exceeding 135. 4d. 13. By ftat. 3 Geo. 3. c. 15. it is enacted, that all sheriffs who fhall levy any debts, duties, or fums whatsoever, except poft fines due to the king's majefty, his heirs or fucceffors, by process to them directed upon the fummons of the pipe or green wax, by levari facias out of the court of Exchequer, fhall have an allowance of 12 d. out of every 20 s. for any fum not exceeding 100 levied or collected; and 6 d. only for every 20 s. above the first 100l. and for all debts, duties, and fums of money, except poft fines due to his majesty, his heirs and fucceffors, by procefs of fieri facias, and extent, iffuing out of the court of Exchequer, 1 s. 6d. out of every 20 s. not exceeding 100 l levied; and 12d. only for every 20 s. over and above the first 100/.; provided, that fuch theriff fhall answer the fame upon his account by the general fealing-day of fuch term in which he ought to be difmiffed the court, or in fuch time to which he fhall have a day granted to finish his faid accounts, by warrant figned by the lord chief baron, or one of the coif of the faid court, for the time being. Sect. 3. 14. That when any fheriff fhall, by procefs out of the Exchequer, feize or extend any goods, &c. into the hands of his majesty, his heirs or fucceffors, for any debts due to the crown, and fhall die, or be fuperfeded before a writ of venditioni exponas be awarded to him for fale, or before fuch fheriff hath made actual fale, and a writ fhall afterwards be awarded to a fubfequent fheriff, who fhall make fale, &c. of fuch goods, chattels, and perfonal eftate fo feized by fuch preceding fheriff, in cafe the barons of the Exchequer, if then fitting, and if not fitting, the said barons, or any one of them, being of the degree of the coif, fhall order and apportion poundage due for fuch feizure and fale, betwixt fuch preceding and fubfequent sheriffs, as to him or them fhall feem meet, with regard to the expence and trouble each fheriff hath had, or fhall have, in the excoution of the faid procefs. fect. 9. 15. No fheriff, &c. in levying debts due to the crown by procefs out of the Exchequer, fhall take any fee, on pretence of fuch levying, &c. except 4 d. for an acquittance, which fuch officer is to give to the perfon on whom fuch debt, &c. is levied, Bb 4 and and the bailiff, &c. receiving fuch debt, &c. fhall account for the fame to the fheriff, and may require an acquittance from such sheriff without fee; from which debts, the sheriffs fhall discharge the debtors, by totting and anfwering the fame on their accounts in the Exchequer; and if any fheriff, &c. fhall nichil, or not duly answer the crown, any debt fo levied, he fhall forfeit treble damages to the party grieved, and double the fum, which fhall be decreed to the party grieved by the court, on complaint and proof of fuch abuse before the barons, in fuch fummary way as to them fhall feem meet; and if any fheriff, &c. fhall demand any money from any peifon from whom any debts is payable to the crown by procefs out of the Exchequer, on pretence of executing the proceís, or in refpect of fees due for collecting the fame; or if any one of the officers aforefaid thall demand any fum for forbearing to levy fuch debts, written out to them, by the faid procefs, every fuch offender fhall be adjudged guilty of extortion, and being convicted, fhall forfeit treble damages and cofts to the party grieved, and double the fum extorted, to be decreed by the barons on complaint and proof, in a summary way; provided fuch conviction be within two years after the offence. Stat. 3 Geo. 1, c. 15, f. 13. And in cafe any sheriff, &c. fhall nichil or not duly answer to the crown, any debt or fum, fo levied, collected, or received, fuch fheriff, &c. for every fuch offence fhall forfeit treble damages to the party grieved, and double the fum fo nichilled, or not duly anfwered as aforefaid; which damages and penalty fhall be ordered, decreed, and given to the perfon grieved, by the court of Exchequer, upon complaint and proof of fuch abuse, as aforefaid, made and exhibited before the barons of the faid court, in fuch fhort and fummary way and method as to them fhall feem meet. And in cafe any sheriff, &c. fhall prefume to demand, take, or receive any fum of money, of any perfon whatfoever, from whom any debt is or fhall be due and payable to the crown, by process out of the court of Exchequer, for or in refpect or upon pretence of fees for collecting or receiving the fame contrary to this act; or if any of the officers, &c. fhall demand, take, and receive any fum for not levying or forbearing to levy any debts, duties, or fums of money which are or fhall be due to his majefty, his heirs and fucceffors, and written out to them, or any of them, by the procefs aforefaid, in every fuch cafe, every perfon fo offending and convicted, fhall be adjudged guilty of extortion; and all perfons, being thereof lawfully convicted, fhall forfeit for every fuch offence treble damages and cofts to the party grieved, and double the fum fo extorted, which fhall be ordered, decreed, and given by the barons of the Exchequer, on complaint and proof made and exhibited before them, in fuch fhort and fummary way and method as to them fhall feem meet; provided fuch conviction be had and made within two years after fuch offence committed, fect. 14, 15. Provided that nothing fhall be conftrued to deprive any fheriff of fuch poundage or allowance as is allowed and given to them by by this act, or of fuch poundage, allowance, or reward, as may hereafter be made, allowed, and given to them, by warrant or order from the lord high treafurer or commiffioners of the treafury, chancellor of the Exchequer, or barons of the court of Exchequer for the time being, for or in refpect of any extraordinary fervice to the crown, that may happen to be performed by them: but that the faid fheriff's fhall and may enjoy the full benefit and advantage of fuch poundage, allowance, and reward, without any impeachment or moleftation whatfocver. fect. 15. 16. That whatever orders or decrees fhall be made by the barons, for cofts, damages, and penalties, in the cafes aforementioned, or of any of them, or in any other cafe in this act hereafter mentioned, by virtue of this act, in fuch fhort and fummary way and method as is before directed and prescribed, shall have the fame effect as any other order or decree of the fame court; and the fame cofts, damages, and penalties fhall be raised, levied, and obtained, by fuch procefs, ways, and methods, as are ufed in the faid court to inforce a compliance with any other orders or decrees of the fame court, fect. 16. 1.TH (A. 3) Fees of other Officers. HE juftices in their quarter-feffions have no authority to fix the bailiff's fees for an arreft under 32 Geo. 2. c. 28. nor will the court of B. R. on taxation of a bill of costs allow more than the ufual fee of a guinea, though more was paid in fact, in compliance with a table of fees fettled by the juftices at their quarter-feflions, and acted upon in practice for many years. Boldero al. v. Moffe & al. 3 Term Rep. 417. 2. If bailiffs fhould in future exact more after this opinion, they may be guilty of extortion in taking more than was allowed colore officii. Per Lord Kenyon, C. J. Ib. 3. By 19 Geo. 3. c. 74. the clerk of affize on each circuit is entitled to receive a certain fee for every perfon convicted of a tranfportable offence, (except petty larceny,) and fentenced to transportation, hard labour or confinement in the house of correction, and for perfons capitally convicted who afterwards have received the king's pardon, on condition of being tranfported or imprifoned. Such fee on the Norfolk circuit is one guinea. Flectavosd v. Finch, 2 H. Blackft. 220. 4. Plaintiff brought an action of the cafe for fees due to him as uther of the black rod and recovered. Saunderfon v. Brignell, cor. Pengelly, C. B. 2 Stra. 746. 5. By agreement between the prothonotary of the palace court. and his deputy, it was agreed what the latter was to have, and he was to account for the reft. 12 Geo. 1. c. 29. afterwards gave new fees, and it was held by Hardwicke, C. J. that the deputy, though he did the bufinefs, ought to account with the principal for the fee. For the deputy is entitled to no more than he ftipulates for, 13 Vin. 148. and 13 Vin. 148. and any fubfequent addition to the duty will not vary the contract, though it may be a reafon for coming to a new one. Bullrode v. Gilburn, 2 Stra. 1027. S. P. Per Lord Kenyon, C. J. Bell v. Drummond, Peake's Ni. Pri. Ca. 45. (A. 4) Of Coroners. 1. BY 25 Gen. 2. c. 29. That for every inquifition, not taken upon the view of a body dying in gaol or prifon, which fhall be duly taken in England by any coroner, in any township or place contributing to the rates directed to be levied by 12 Geo. 2. c. 29. he shall have 20s., and for every mile which he or they fhall be compelled to travel, from the ufual place of his or their abode, to take fuch inquifition, the further fum of 9 d. over and above the faid fum of 20 s. fhall be paid to him or them, out of the monies arifing from the rates before mentioned, by order of the juftices of the peace in their general or quarter feffions affembled, for the county, &c. where fuch inquifitions fhall have been taken, or the major part of them; and which order the faid juftices, or the major part, are authorized and directed to make, for which no fee or reward fhall be paid to the clerk of the peace or any other officers. And by the fame statute, that for every inquifition which shall be duly taken upon the view of a body dying in any gaol or prifon in England, by any coroner or coroners of a county, fo much money, not exceeding the fum of 20s. fhall be paid to him or them, as the juftices of the peace in their general or quarter feffions affembled, for the county, riding, or divifion wherein fuch gaol or prifon is fituate, or the major part of them fhall think fit to allow, as a recompence for his or their labour, pains, and charges, in taking fuch inquifition, to be paid in like manner, by order of the faid juftices or the major part of them, out of the monies as aforefaid, and for which order no fee or reward fhall be paid to the clerk of the peace or any other officer. Sect. 2. 2. Provided that over and above the recompence hereby limited and appointed for inquifition taken as aforefaid, the coroner or coroners who fhall take an inquifition upon the view of the body flain or murdered, shall also have the fee of 13 s. 4. payable by 3 H. 7. out of the goods and chattels of the flayer, or out of the amercement impofed upon the township, if the flayer and murderer efcape, fect. 3. Provided that no coroner to whom any benefit is given by this act fhall by colour of his office, or upon any pretext whatfoever, take for his office doing, in case of the death of any perfon, any fee or reward other than the faid fee of 13 s. 4 d. limited as is aforefaid by the faid act 3 H, 7 and other than the recompence hereby limited and appointed, upon pain of being guilty of extortion. Sect. 4. 3. To avoid a prefentment being made that the parish has not made hue and cry pursuant to the statute, the constable or parish officers 15 |