The New York herald., 1872-11-08
HERALD FRIDAY NOVEMBER 8 1872-TRIPLE SHEET

81 also rom demanding any Zee or compensation
allowed by Law for any service unless Y rs actually
rendered db.. sec. 6j, and any violation OF this
provision Is made misdemean0r, and the person
guilty thereof is made liable to the party aggrieved
In treble damages: d. sec. ~ It Is also made
Summoned to charge IL specially to Inquire into
any violation of law Chap. 455 OF the Laws OF 184l,
sec I7 Notwtnstandng is n,g these t guards against
gret to say, Is but q
sPEoMEN OF THOSE EMANAriNa FROM THE
sHERIFF'S OFFICE
that are brought to the notice Of the Court. BY
statute that oflcer Ia allowed for serving an exc
cutlon for the collection OF money, six cents per
mile i0r travelling to make service; for going from
the Court House. for collecting the sum of $780,
two cents and 1--WE mills per dollar, and for every
savsrssss s'v goods H Vsi and ca
lor sale W. and II the execution be stayed or
settled after advertising and before sale $l for
GA, Sec $751; and by the act OF 1850, chap. 225,
sec / he Is allowed further fee OF fifty cents for
in any Of the Statutes for any Other a
In addition TO- these fees for expenses or
disbursements incurred in executing such
made for his compensation, expenses and disDurse-
ments to witby act OF $780, chapter 3OO section 81
G CERTAIN proceedlngs BY way OF attachment IN ad.
additional compensation for his trouble and ex-
pense In taking possession and preserving the
and appraisal and for drafting and copying the in
yentory as may be certified or allowed by the tax
, GOue
and delivery OF personal property he is allowed his
lawful fees for taking and his necessary expenses
for keeping the same; and by section 24s on pro-
ceedng under attachment authorized by the Code,
the same fees and compensation for services, and
the same disbursements as are allowed for like
vised Statutes q L. s., to 12), which,
according to ? R. s., section e4e may be allowed
ncn n IN da ar ns 70 his S
saking possession and preserving the property at
tached as the oflcer issuing the warrant shall
all other public officers accepts office upon c0ndi-
tion OF performing Its entire duties for such
express provision, law and without Ts right
to claim any other remuneration. This
fSs ~ includes and limits the Of
right to any such extra compensation which he
could not himself claim The lees allowed are not
forming the service. The ofiicer takes his oiiice
cum o1sere, as well with its honors and profits as
with with the e. duty Of performing each service re-
pensiye or responsible. lie takes the good with
the bad, the cases that are remunerative
per)sation as the law specifically affords. As to
some duties, the labor and responsibility may be
y n s wSy WIN ,ne while as to
and hardship incident to the particular case. In
respect to executions for the collection Of money,
tary payment or seizure OF coin ana easily gain his
fees, while in others he may be involved In great
property until he can effect sale. Yet in the latter
case the law AFFORDS him no greater indemnity or
remuneration for the service Of the execution, not
withstanding any hardship or expense encountered
than in the former. In either case he
CAN ONLY DEMAND OR RECEIVE THE LEGAL FEES,
and allowances made by the statute intended for
all cases. Even promise TO pay him extra CON-
pensatlon for extra services In the perormance"bf
his official duty or such acts as are incident
Mann, Is Wend.) And as, Senator Tracy In
the latter case says that public oficer whose fees
are prescribed by statute may maintain tan "a an action
for doing his official duty is m0nstrous PROPOSE
tion, fraught with every kind Of mischief The
carry any conceivable corruption or extortion."
Whatever care, labor or expense the condition Of
the property levied on In this case REQUIRED the
existing liens, bear as part Of his officai duty
beyond what his fees aford him by way Of oompen-
G.. Bilbe VS.. HaveIock. Camp, s74; Slater VS..
and cases there cited.)
AS to the extra charge, not specifically allowed
by statute, the right to charge by way or taxable
fees for any expense for keepers has been repudi-
ated In Downing vs. Marshall, 81 N. Y, $50; Lynch
vs.. Meyer, Daily, 258; Lord VS.. Richmond, 381 and
on 173 SO as to auctiOneer's charges IN selling the
goods himself lChitty on Contracts, 5s3; Woodgate
vs.: Knatchbull ?. r., 167; Crocher vs. Sheriff, I'd
Ed Sec. 162 1t is only when he sells the goods by
an auCtioneer at the request OF some party that he
can make any claim against him for the ex-
pense. As to carriage and storage his duty
and preserve the 'I property until the f,rter Tier
order OF the Court, but ut once to advertise and
sell the goods II any right OF action exists upon
the part OF the Sheriff for extra services or ex
penses outside the scope OF his Official duty 1t must
be pursued against the party at whose request
they have been rendered ana constitute t % no lien
on taxation, which is limited to the adjustment OF
mere statutory fees. Under these views the ices
OF the Sheriff. as properly taxable In the present
case, are as f0lows:-
THE BILL AS ALLOWED