The home journal. (Winchester, Tenn.) 1858-188?, 1872-07-25
ShcriR-s Advertising Fees.

At Franklin Superior Court, says
the Athens (Ga Banner, Judge Davis
made the following decision in refer
ence to the liability OF Sherifs for their
advertising fees:
BY agreement and consent Of all the
parties interested, the questions arising
under the following facts have been
submitted fol consideration and de-
termination When a printer IN the alb
sence ofany special contract has been
employed by the Sheriff to advertise
his sales, and the printer has advertised
such sales according to the require
ments Of the law, is the Sheriff. liaDle
to pay the expenses of the advertise
mcnt before he collects the same,
Again, is he liable, if owing to the IN
solvency ofparties Iitigant, or for other
cause, he is unable to collect the lee
for advertising at all. $50.
Whenever, there being no special
contract, one person AT the instance
and request Of another performs labor
or services for another, the law implies
u promise to pay what such labor or
service is reasonably worth. Does the
law make any exception in favor OF an
Individual because he holds the office
otSheriF? 1t is thought it does not
Is he not in the same condition in this
respect as a private citizen or any oIh'
er officer OF the court? Suppose the
Clerk of the Court procurcs blank sub
ppnas from the printer is he not bound
to pay for them, whether he can col
lects his fifteen cents each for issuing
them or not? Certainly he is. Sup
pose the printer (there being no special
contract) were to commence his acton
against the Sheriff or Clerk ora private
individual under the circumstances
above mentioned upon the proof Ar'n9
made which the law requires. Judge
ment would be rendered in his favor.
It is therefore decided that the Sheriff
is liable to the printer for bis fee prl'
marily, whether he has or has not col
lected the fee, and whether he IS OF
not unable to collect it because OF TIC
insolvency OF the parties litlgant, OF
from taking of the homestead, or Other
cause. The laborer is worthy OF his
hire. The printer has done his labor
and ought to be paid for it. The Sher
Iris to be presumed to have accepted
his Office knowing the requirements o
the law upon him in regard to the at
vortisement OF his Icvies and sales. III
took the Office cum onere, with That Our
den upon him. But where n Homestead
has been taken by both defendant an'
plaintiff, the liability to the Sheriff 70
the advertising fee remains the same
and he has the rightto haven't taXe'
in the bill Of cost at any time, and col
lect whenever he can tinl property sub
ject to levy and sale. If he cahno
lind such property, he is in no wors'
condition than he is where both PLAIN
tiI and delendent are utterly insolvcnt
The plaintiff where property has beel
levied upon and advertised for salt
which is afterwards set apart under the
homestead laws, is the losing party, Sc
far as the lcvying and advertising tet
is concerned, and it must be paid by
him to the Sheriff, leaving the othcl
cost to be adjusted upon a return o
NuLia bona.
If:he Sheriff wauld avoid the burden
under which he accepted his Office, he
can do 50 only under special contract
with his printer.