¶1The law, (R. S. ch. 151, § 4,) allows dollarage for levying and collecting executions. If, in this case, the officer might legally tax the dollarage, the bond is a statute bond. Tf he could not so tax, still if, in doing it, he believed it was allowable, it may weh be considered a misapprehension, coming within the protection of R. S. ch. 148, § 43. Either way, then, the bond is valid as a statute bond, and the plaintiffs are entitled to judgment, according to the 39th section of said chapter 148.
31 Me. 350
Lambard v. Rogers
Supreme Judicial Court of Maine
Decided July 1, 1850
Supreme Judicial Court of Maine · decided 1850-07-01
Debt upon a poor debtor’s bond, given to obtain his release from arrest on execution. Among other fees, the officer charged §1,00 for travel from Augusta, without stating the distance : also §3,20 for dollarage, although he collected no part of the execution, except by taking the bond in suit. Those items made a part of the amount, which being doubled, constituted the penal sum of the bond. A default was entered, subject to the opinion of the court. Gilbert, for defendants.
Decided 1850-07-01