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2 Binn. 137

Milne v. Davis

Supreme Court of Pennsylvania

Decided December 11, 1809

Supreme Court of Pennsylvania · decided 1809-12-11

for the defendant obtained a rule upon the o shew cause why he should not return the undage charged and received by him in this case.

Decided 1809-12-11

Tilghman C. J.

¶1What are his fees for executing a ca: sa:? It is a great hardship upon the sheriff to be liable for an escape, and yet to receive nothing.

¶2*138M‘Kean. There does not appear to be any fee for executing a ca: sai hut I conceive that the fee bill is the only rule.-

Per. Curiam.

¶3The act of assembly, in giving poundage -upon a ca: sa: confines it to cases where the money has been paid and received. It may be hard upon the sheriff, but we cannot give what the act refuses. Let the rule be made abso» lute.

¶4Hule absolute.

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