judgments in any other suits whereon the proceeds of said property may be attached while the same remains in my hands. A. B., Deputy Sheriff. Retained-For levying, selling the goods, and collecting the money, being the fees provided for those services on execution, Expense of keeping property, $5.00. 2 50- -7 50. 13. Form of the return of the execution when the parties consent to the sale. The personal property attached on the writ in this suit having been sold by consent of the parties, as by the certificates annexed to said writ on the files of the court to which it was returnable, and the nett proceeds amounting tohaving been retained in my hands by virtue of this execution, I have taken from that amount the sum of one hundred and twenty dollars, and have applied the same to the satisfaction of this execution and all fees, I therefore return this execution fully satisfied. The surplus in my hands, being twenty dollars and ten cents, I have returned to the said debtor, as by his receipt hereon. Fees-10 miles travel, $0 40.* The fees for levy having been deducted from the gross a- A. B., D. Sheriff. mount of sales, as by the ac tion upon the original suit. The statute gives no direction as to what fees the officer may charge in these cases, nor has any judicial construction been given to this part of the act. The first section, (anle, page 46,) provides that "the officer shall cause the property to be sold, in manner provided by law, for the sale of similar property on execution." As the officer has therefore to incur the same responsibilities in disposing and accounting for the property, and converting the same into money as he would on execution, it would seem to be a reasonable construction, that he should be entitled to the same fees as in the levy of an execution. We have therefore proposed for the consideration of officers a form for taxing fees, which will be convenient for them, and certainly least onerous to the debtor. For upon any other principle, the officer would have a right to tax the reasonable charges of the sale, upon the writ, and afterwards, the legal fees of levy, &c., upon the execution. Upon the principle recom B. Returns of writs in common cases. 1. Common Service. a. When summons is given to defendant. BERKSHIRE, Ss. 18 By virtue of this writ, I attached a chip, the property of the within named A. B., and at the same time, delivered to him a summons for his appearance at court. C. D. Deputy Sheriff. Fees. HAMPSHIRE, SS. By virtue of this writ, I attached a chip, the proper ty of the within named A. B., and at the same time, left a summons at his last and usual place of abode, for his appearance at court. Fees. C. D. Constable of E. $0.50 c. Return of a writ in case the defendant is summoned only. MIDDLESEX, ss. 18 By virtue of this writ, I have summoned the within named A. B., for his appearance at court, by reading this writ to him in his presence, (or by delivering to him an attested copy of this writ or by leaving an at mended, the fees for levy, which include the officer's compensation for selling and collecting the proceeds, is charged upon the writ, leaving nothing but travel to be charged upon the execution. When the goods are returned to the debtor upon a bond after an appraisal and certificate, as no funds have come to the of ficer's hands, he must of necessity charge his expenses upon the writ, in which case it must be "accompanied by a bill of particulars, together with the affidavit of the officer, that the expenses were actually incurred, and that the charges were reasonable." See C. C. P. Rules, art. 30—ante, 185. tested copy of this writ at his last and usual place of abode.) By virtue of this writ, I have taken the body of the within named E. F., and held him to bail. G. H. Sheriff. FRANKLIN, SS. b. Personal estate attached. 18 By virtue of this writ, I attached one horse, two oxen, and ten sheep, the property of the within named R. W. and at the same time, delivered to him a summons for his appearance at court. Fees. W. T., Coroner. c. Return of a writ on the trustee process. By virtue of this writ, I attached one chaise, and one wagon, the property of the within named A. B., the principal, and at the same time, I summoned him for his appearance at court, by reading this writ to him in his presence and on the same day, I summoned the within named C. D. and E. F., the trustees, for their appearance at court, within mentioned, by giving an attested copy of this writ to the said C. D., and by leaving an attested copy thereof at the last and usual place of abode of the said E. F. Fees. Service on the principal, J. W. Deputy Sheriff. 0 50 0 60 By virtue of this writ, I have replevied the within described goods and chattels, (or cattle,) and have delivered the same to the within named A. B., and have taken his bond for abiding the order and judgment of court in the action; and on the same day, I summoned the within named C. D., for his appearance at the within mentioned court, by reading this writ to him in his presence. Fees. E. F. Deputy Sheriff, e. Creditor's receipt for goods replevied. Received of E. F., deputy sheriff, the within described goods and chattels, (or cattle.) A. B. For the form of the Replevin Bond, See Bonds. C. Returns in special cases. 1. Returns when shares or stocks in an incorporated company are attached. α. Of the service of the writ, page 51. By virtue of this writ I attached all the right and interest the within named had, in and to five shares in the stock of the company, numbered 35 to 40 inclusive, and at ten minutes past five o'clock, P. M., on the same day, I left with the clerk, and at forty minutes past five o'clock, P. M., on the same day I left with the treasurer of said company an attested copy of this writ [if bank stock, then say, with the clerk and cashier of said company; if the cashier is likewise clerk, probably one copy would be sufficient,] and on thenext following, I delivered to the said E., (the debtor,) a summons for his appearance at the court within mentioned. day of Fees-service, 2 copies, A. B., Deputy Sheriff. $0.50 0 60 travel, 10 miles, 0 40-$1 50 b. Return of the execution when levied on incorporated stock, page 115, 13. By virtue of this execution, I took and seized five shares in the stock of the company, as the property of the said E., which were attached upon the original process in this suit, on the day of last, and I gave notice in writing to the said E., by leaving the same at his last and usual place of abode, being in said county, on the day of and instant, that so many of said shares, with the interest and dividends that had accrued thereon, since the original attachment, as should be necessary to satisfy this execution, and the charges of sale, would be sold to the highest bidder, on the day of at twelve o'clock at noon, at the house of J. L. in said town ofand I also gave public notice of said sale, by posting up notifications thereof in two public places in said town, and in one public place in each of the towns of B, R., being towns in said county adjoining said town of thirty days before the time appointed for said sale, and I also caused an advertisement thereof expressing the time and place of sale, and against whom this execution issued, to be published three weeks successively before the time appointed for said sale, in the a newspaper printed in said county, at which time and place I sold at public auction, three of said shares, being numbers thirty-five, thirty-six, and thirty-seven, with the dividends and interest which had grown due thereon since the original attachment of the same, for the sum of three hundred and eighteen |