Majority
p. 214The People against Chapman, Sheriff of Seneca.
Headnote
bringing in the defendant’s body, common pleas costs alone are allow-And the rule bodybr™notice and affidavit of service, &c. taxabkaga^nst the Sheriff; be taxed in the original A retaining fee is aiiciwacause. In. assumpsit for less than 250 dollars; and attachment for notAttachment. The original suit (Stocking v. M’Crumy was for less than 250 dollars in assumpsit; and, in taxing the costs upon the attachment, for not bringing in the defendant’s , j *3oaJrJ
Powers, first Judge of Cayuga, allowed only common pleas costs. He also taxed the following items in the bill aSainsl: &e Sheriff, VÍZ.
Retaining fee, $2,50 Motion and rule, that Sheriff bring in the body 0j~ defendant, or shew cause, fyc. 37- Notice of same, 19 cts. dr. affidavit of service, jfoZ. 3, at 12 £ cents, and copy, at 6 cents, 74j
On appeal from this taxation, it was moved 1. Whether, as the costs were but those of the Common Pleas, in the original suit, the costs of this suit should be the same ; and the Court held that they should. 2. Whether a retaining fee should be allowed; and held, that it should, this feeing a new suit. 3. Whether the rule to bring in the body, with the above items, which follow, should be taxed in this suit; -and held that they should; and so the taxation was • affirmed
p. 215
throughout. And 4. The rule for bringing in the body Was stricken out of the bill of costs in the original cause, for the reason, that it was taxed against the Sheriff.
Rule accordingly.