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Gilbert v. Brazier

1 Cai. 13 Court N.Y. Sup. Ct. English

Contents

Majority

p. 23
Gilbert against Brazier.

Headnote

Party on. whom a fine is levied, not liable to the costs of levy.
A question was made in this cause whether the sheriff is entitled to fees on levying a fine ?

The statute directing the mode of making

the levy, declares it shall be done without fee or reward. The fee bill gives a fee, but does not say by whom it shall be paid. We all know how it has been; the fee has been charged by the sheriff in his accounts. This, we think, is the regular practice; for it cannot be demanded from the person who has been obliged to pay the fine.