1 Blackf. 323 | Ind. | 1824
This Was an indictment against a constable for demanding and receiving unlawful fees. On the plea of not guilty, an agreed case was submitted to the Circuit Co.urt, presenting the following facts, viz. that the defendant was a constable; and an execution was delivered to him, in obedience to which he called on the execution debtor, who promised to see him again and pay the money. The officer did not levy on any property; but the execution debtor, agreeably to his promise, called on the constable and paid the amount demanded in the execution. The constable, in taxing the costs, charged and received the sum of twenty-five cents for serving the execution. Whether the officer was or was not justifiable, in charging the fee allowed by the statute for serving an execution, is the only point in the case. The Circuit Court, on the case stated, was of opinion that the constable was not entitled to the fee, allowed by the statute for serving an execution, unless there was an actual levy upon property, and therefore decided that the defendant was guilty, and fined him accordingly.
On examining the statute regulating fees, we find the services of a constable, in relation to an execution, noticed in three distinct items. One fee of twenty-five cents is allowed for serving an execution; another, the same amount, for a sale of goods, to which an additional per cent, is allowed where the sum is above six dollars; and another of equal amount for commitment to prison; to which is added an allowance of half commission on all moneys collected without a sale. If the fee allowed by the statute, for serving an execution, be not demandable where the money is collected without a levy or sale of property, in cases
The judgment is reversed. To be certified* &c.