in special cases, when the Court may increase the fee to what they may judge reasonable.

For the Sheriff's or Constable's attending the Court, and keeping the prisoner in criminal cases, seventy five cents for each twelve hours; and so in proportion for a greater or less time.

Levying executions in personal actions, for the first one hundred dollars, four cents; for every dollar above that, and not exceeding two hundred dollars, two cents, for every dollar; and for all above two hundred dollars, one cent for every dollar; travel for the service of such executions, and also of mesne processes or warrants to him directed, four cents a mile, the travel to be computed from the place of service to the Court or place of return by the usual way; only one travel shall be allowed for one writ, execution or warrant, and if the same be served on more than one person, then the travel shall be computed from that place of service which may be most remote from the place of return, with all further necessary travel in serving such execution, writ or warrant. if the travel from the place of service to the place of return be more than fifty miles, then only one cent a mile shall be allowed for all travel exceeding that dis

tance.

But

The travelling fees and fees of service shall be endorsed by the officer serving the same, otherwise they shall not be allowed.

Serving an execution upon a judgment of Court for partition of real estate, or assigning a dower, one dol lar a day, and four cents a mile, out from the place of his abode.

And no Sheriff shall demand or receive from any of his deputies, more than at the rate of twenty-five per cent. on the amount of fees for travel and service.

Every trial in a Court of Record, fifteen cents.— Every default, eight cents.

For returning the certificates of votes of the several towns for a Governour, Lieutenant-Governour, Counsellors and Senators, to the Secretary's office, eight cents a mile, computing from the place of his abode to the Secretary's office, to be paid out of the treasury of

the Commonwealth; and but one travel shall be allowed for the whole.

To the officer attending the Grand Jury, for each day's attendance, seventy-five cents.

The officer attending the Petit Jury, for every cause, to be paid with the Jury-fees, twenty-five cents.

For dispersing Venires for Jurymen, Treasurer's warrants and proclamations of all kinds, eight cents each.

To each appraiser of real estate, for extending execution, or assigning dower, one dollar a day, and travel at the rate of four cents a mile going out and returning home.

For every Deputy-Sheriff or Constable who shall attend the Supreme Judicial Court, or Court of Common Pleas, by their order, seventy-five cents a day, to be paid out of the county treasury.

And for the encouragement of the Sheriff in each county to take and use all possible care and diligence for the safe keeping of prisoners committed to his custody, he shall have such salary allowed him, as the County Commissioners shall order, not exceeding forty dollars a year for the county of Suffolk, and not exceeding twenty-five dollars a year for any of the other counties within the Commonwealth, to be paid out of the treasury of such county.

1. Of fees for the service of mesne process.

In addition to the fees above specified, officers sometimes make claim for extra compensation.

A rule of the court provides, that when any officer claims extra compensation in serving a precept, for removing or keeping property, the same shall not be allowed, unless the officer return with his precept a bill of particulars of the expenses, together with his affidavit, that such expenses were actually incurred, and that the charges are reasonable.-C. Č. P. Rules 1823, art. 30.

In the attachment of real estate, an officer is not to charge but for one service, although there are divers tracts of land belonging to the defendant, in different parts of the county.

Thus, on a writ against a manufacturing corporation consisting of a large number of individuals, all owners of lands, which were attached; the officer was allowed but for one service.-6 Pick. 375.

2. Of fees in the levy of executions.

In the levy of an execution, an officer is not entitled to any fees excepting for poundage, and the fees for travel in returning the execution, whether the money is paid by the debtor or raised by the officer upon sale of property.-1 M. R. 227—4 Ibid, 411—1 Pick. 171.

He is entitled to recover of the creditor, his fees for poundage and travel, if the debtor is committed to jail on the execution.-4 M. R. 411.

If no service is made, the officer is not entitled to any fees.-1 Pick. 171.

But if there is any connivance between the debtor and creditor, after the officer has begun to levy his execution, with a view to defraud him of his fees, he may have a remedy against one or the other, according to circumstances.-Ibid.

If an officer returns an execution unsatisfied by consent of the creditor, he must look to the creditor for his recompense; if without his consent, he has no claim upon any one.-Ibid.

An officer's fees on execution are for service, and then they are to come out of the debtor, but he cannot be charged, unless his person or property be taken, or unless he pay the officer upon the execution.-Ibid, 175.

An officer cannot charge any fees for selling prop erty taken on execution, the only fees allowed being poundage and travel.-Ibid, 177.

All actual expenses for storing the goods, and perhaps for removing and taking an account of them, are charges upon the property, but the officer can receive nothing for his extra trouble, other than the fees provided for in the fee bill.-Ibid.

Every officer is directed by the fee bill, upon receiving fees, to make out, in writing, a particular account of such fees (if required by the person paying the same,) specifying for what they accrued, upon pain of forfeit

ing treble the amount, to be recovered with costs by action of debt.-Stat. 1795, ch. 41, sec. 5.

Much irregularity and variance of practice exists among officers, in the taxation of fees. It is a general rule, that no other fees can be taxed than what are specified in the fee bill. An officer is however, to be allowed, for all sums paid out by him for removing, or storing goods, for necessary assistances or keepers, or for a clerk, in extensive sales of goods and the like.But he has no authority to charge for extra services performed by himself in the attachment or sale of goods. Neither has he a right to charge the creditor for conveying a prisoner to jail, or for furnishing him with subsistence while in his custody: such expenditures, if necessary, are a proper charge to the debtor.

In the service of criminal processes, a practice has been tolerated and sanctioned by the officers of government, in allowing for conveyance of the prisoner, under the clause in the bill which mentions "all further necessary travel in serving the warrant.”

Charges of this nature, made by officers, should be examined with caution before they are allowed. They have no right to impose this tax upon the government, unless in cases where humanity or necessity require it.-Davis's Just. 191.

Where the prisoner is able to provide for his own conveyance, and pay his expenses, the officer has no right to advance the money in expectation that it will be allowed by the government.-Ibid.

In taxing fees for serving a warrant, the first item is service, thirty cents; then for travel four cents a mile, from the place of service to the place of return. For each person employed as aid, one dollar for every twelve hours attendance, and four cents a mile for travel in going out and returning home. The names

of the persons thus employed, should be named, together with the precise number of hours, and the amount of travel should be specially certified by the officer.-Ibid, 187,

When the officer charges a round sum for aid, his bill will be rejected in the final taxation of costs, in the supreme court.-Ibid.

The next item is for summoning witnesses, at ten cents each, with necessary travel; in special cases, this item may be increased by the court.-Ibid, 188.

There is also an allowance of seventy-five cents to the officer for attending the court, and keeping the prisoner twelve hours, and in that proportion for a greater or less time. The number of hours in this case ought to be certified by the officer.-Ibid, 190.

3. Of the penalty for taking unlawful fees.

If any person shall wilfully and corruptly demand and receive any greater fee or fees for any of the services prescribed in the fee bill, he shall forfeit thirty dollars for each offence, to be recovered with costs, either by presentment in the Supreme Judicial Court, or Court of Common Pleas, when the forfeiture shall accrue to the state, or by action of debt, to the use of any person who may sue for the same. The prosecution must be commenced within one year after the offence is committed.-Stat. 1795, ch. 41, sec. 6.

An officer is not liable to this penalty, unless the excessive fees were corruptly demanded for some official duty.-15 M. R. 525.

As where a sheriff, having an execution against a debtor, demanded and received, in addition to his fees, a further sum as a compensation for resisting him, upon another execution at a former period, this was held not to be an offence against the statute, although it might be punishable as extortion at the common law.Ibid.

So, if an officer returns his precept without service, and afterwards exacts the fees, this is not a violation of this statute, for he has performed no official service.— 1 Pick. 171.

So, if an officer takes a promissory note for his excessive fees, he is not liable to the penalty, for the note may never be paid, the consideration being illegal, and the note void.-2 M. R. 524.

Nor is an officer liable to this penalty, if the fees are demanded or received of one not liable to pay them, as in that case the fees are not taken by color of his office.-10 M. R. 210.