CHAPTER XIII.

Fees of the Sheriff.

Fees are certain perquisites allowed to the officers in the administration of justice, as a recompense for their labor and trouble. These, in the state of New York, are now ascertained by statute.2 R. S. 2d ed., 536, § 39.

By the common law, no officer, whose office relates to the administration of justice could take any reward for doing his duty, but what he was to receive from the king. (9 John. Rep., 253; Coke Litt., 368.) This law was considered of so much honor to the king, and conduced so much to the welfare of the subject, that all prescriptions whatsoever, contrary to it, were holden void. Though there might be certain fees allowed by custom, yet the custom like all others, must be reasonable. (2 Roll. Abr., 226.) The reason of this rule probably arose from the exalted rank of the sheriff, as has been explained in the introductory part of this work, and from the high dignity of his being the immediate representative of majesty itself, in executing the laws in the different counties in England. The reason of the rule has now ceased; and it is generally admitted that, at the present time, the office of sheriff is sought after, more for the profit acccruing from its various duties, than for any distinction conferred upon the successful incumbent. We will consider first, what fees the sheriff is entitled to.

For serving a capias ad respondendum, writ of replevin, summons, or any other process by which a suit shall be commenced in a court of law, citation, scire facias, or declaration when there has been no process previous thereto,

For travelling per mile, for going only, for each mile, to be computed from the court house only of the county; but if there be two or more court houses, from that which shall be nearest to the place where the service shall have been made,

For taking a bond from the plaintiff in replevin, or taking a bond on the arrest of the defendant, or taking his endorsement of appearance, or for taking a bond in any other case where he is authorized to take the same for which no fee is herein allowed,

For a certified copy of such bond,
For a note of every capias delivered to a defendant on re-

quest,

For a copy of every summons, scire farias, or declaration served by him, when made by a sheriff, if in the supreme court, for every 100 words,

For the same services in the common pleas, for

50

37

25

6

121

every 100

9

words, For a copy of every other writ when demanded or required by law, (see note, ante 121,)

For serving an attachment for the payment of money or an execution for the collection of money, or a warrant for the same purpose, issued by the comptroller, or a county treasurer, for collecting the sum of $250 or less, for every dollar collected,

For every dollar collected over $250,

Advertising goods or chattels, lands or tenements for sale on any execution,

But if the execution be stayed or settled before sale and after advertising,

The printer's fees allowed by law for publishing every sale of real estate for not more than six weeks, and for continuing such advertisement more than six weeks, or for publishing the postponement of any such sale, shall be paid by the party requiring such continuance and postponement.

The fees allowed upon collecting an execution, for serving and advertising thereon, shall be collected by virtue of such execution in the same manner as the sum therein directed to be levied.

But where there shall be several executions in the hands

of the same sheriff against the defendant, at the time of advertising his property, there shall be but one advertisement for the whole, and the sheriff shall elect on which execution he will receive the same.

For drawing every certificate of sale where the execution

over $250, in the supreme court, for every 100 words,

For a copy of the same, for every 100 words,

But no charge for more than two copies. For drawing the like certificate in the supreme court when the sum in the execution is $250 or under, for every words,

25

121

100

18

9

For copying the same, not more than two copies, for every 100 words,

The above fees are taken from the statute allowing such fees to attorneys for drafts and copies in the above courts, and which same compensation is allowed to the sheriff. The sheriff is entitled to the above fees, exclusive of the clerk's fees for filing certificates.

For drawing a deed and executing the same pursuant to a

sale of real estate,

To be paid by the grantee in such deed. Serving a writ of possession, or of restitution; putting any person entitled into possession of the premises, and removing the tenant,

1 00

1 25

6

Travelling fees on the same for each and every mile going,

To be computed as upon the service of a capias ad respondendum.

Taking a bond for the liberties of the jail,

For any person committed to jail on civil process, and for every person discharged from jail on civil process,

For receiving,

For discharging,

To be paid by the plaintiff in the process.

For summoning a jury to attend any court for each cause
noticed for trial, or placed upon the calendar thereof
for trial,
Summoning a jury upon a writ of inquiry, and returning

· 150

the inquisition, and attending such jury, Summoning a jury in any case where it shall be necessary to try the title to personal property, attending such jury and returning the inquisition, Summoning a foreign or special jury, pursuant to a venire for that purpose, and returning the panel of jurors, Summoning a jury pursuant to any precept or summons of any officer, in any special proceeding,

Attending such jury when required,

Bringing a prisoner on habeas corpus to testify or answer in any court,

1 50

1 121

1 00

50

150

121

100

For travelling each mile with such prisoner from the jail,
For attending any court with such prisoner for each day,
And all actual necessary expenses.
Bringing up any prisoner upon any habeas corpus, with the

cause of his arrest and detention,

Travelling with such prisoner, for each mile from the jail, Attending before any officer with a prisoner, for the purpose of having him surrendered in exoneration of his bail,

1 50

121

· 1 00

Attending to receive a prisoner so surrendered, who was not committed at the time, and receiving such prisoner in custody,

Attending a view, for each day's attendance,

1 00

1871

For each day going,

For each day returning,

1 25

Serving an attachment upon ships or vessels; or upon the

property of any debtor,

With such additional compensation for his trouble and expenses in taking possession of, and preserving the property attached, as the officer issuing the warrant shall certify to be reasonable.

When the property so attached shall be sold by the sheriff for collecting the sum of $250 or less, for each dollar,

And for every dollar collected more than two hundred
and fifty,

For making and returning an inventory and appraisal,
such compensation, not exceeding one dollar per day, to
each of the appraisers, for each day actually employed,
as the officer issuing the attachment shall allow.
For drafting the inventory when the sum is over two hun-
dred and fifty dollars for every hundred words,
For copying the same for every hundred words,
For drafting the inventory, where the property attached is
of the value of $250 or less, for every 100 words,
For copying the same, for every 100 words,

The statute allows to the sheriff the same fees for this
service as are allowed to attorneys in the supreme court,
and, therefore, the same rate of fees has been given as
is allowed to them.

For advertising the sale of the property attached,
If settled before sale and after advertising,

2 00

1.00

And the same rule as to printer's fees as upon executions.

For executing any warrant to remove any person from lands belonging to the people of this state, or to Indians, such sum as the comptroller shall audit, andcertify to be a reasonable compensation.