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1 Cai. Cas. 13

Gilbert v. Brazier

New York Supreme Court

Decided May 15, 1803

New York Supreme Court · decided 1803-05-15

<p>Party on. whom a fine is levied, not liable to the costs of levy.</p>

Decided 1803-05-15

Per Curiam.

¶1The statute directing the mode of making

¶2the 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.

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