p. 449The fee for copy of attachment is fixed by statute at nineteen cents, and that for service at fifteen cents, and the court has no discretion to allow a greater fee. Where the sheriff attaches a vessel, the charge for watching it ought not to be more than that allowed the United States Marshal for the same service.
Appeal from taxation of costs.
This case and another, viz., Duncan a. Bradstreet, came before the court at the same time for the taxation of the sheriff’s charges under attachments.
In the first action an attachment was issued in the sum of $2,000, and it appeared that the sheriff attached goods of a sufficient value to satisfy the attachment, not, however taking actual possession of the goods, but receiving certificates from certain debtors of the defendant of their holding his property to an amount exceeding the attachment.
Upon the settlement of the action the sheriff charged as follows: ■
Service six. copies attachment and notices, at $2 each . $12.00
Compensation for services of sheriff .... 28.13
In the second of these actions, Duncan a. Bradstreet, an attachment was issued in the sum of $3,538.25. The sheriff attached property sufficient to satisfy the attachment, and took possession. Upon the settlement of this action between the parties, the sheriff’s charges were as follows:
Service two copies attachment and notices, $2 each . $4.00
Compensation to sheriff ...... 47.35
Seven days watching ship “Linsay” . . ., 21.00
Seven days watching brig “ Ceres” .... 21.00
J. W. Culver, for the plaintiff Bartlett.
Dexter A. Hawkins, for the plaintiff Duncan.
p. 450Brown, Hall & Vanderpoel, for the sheriff.
In almost every case submitted to the justices of this' district relative to the taxation of the sheriff’s fees in attachment case's, they have made the same allowance which Judge Leonard ordered in Earle a. Tode.
I myself have done so; and I see no reason why I should now change the rule.
In consideration of the great responsibility to which the sheriff of this county is subjected in the discharge of his duty, I do not think it unreasonable to allow him as a compensation' on the settlement or withdrawal of such cases, an amount at the rate of poundage on execution.
With regard to the charge for copy of attachment and service, there is, I think, no discretion left to the justice, the fee being expressly prescribed by the statute; for copy of attach-; ment nineteen cents, and for service fifty cents.
With regard to the charge for watching in the second of the above cases, I think the charge ought not to be more than that given to the United States Marshal'for the same services—$2.50 per day.
Let the bills then be taxed according to the directions of this opinion.