428 DEALE v. ESTEP.—3 BLAND.

taxed by the register; the said costs to be paid by the defendant
John Odom.

DEALE v. ESTEP.
DUTIES OF SHERIFFS IN SERVICE OF PROCESS FROM CHANCERY.

The sheriffs, for the time being, of the several counties, are the executive

officers of this Court; and as such amenable to it.
It is the duty of the sheriffs to execute all process and orders issuing from

this Court.
A summons or subposna issued by commissioners requiring a witness to

attend and testify before them, under a commission to take evidence, is

a process which must be served by the sheriff.
For the service of all process, which a sheriff may be required to serve, he

is entitled to have his legal fees allowed and taxed as a part of the costs

in the case; and may enforce payment accordingly.

THIS bill was filed on the 5th of November, 1830; by Samuel
Deale against Richard Estep and Henry A. Hall, surviving admin-
istrators of Rezin Estep, deceased, and the President, Directors
* and Company of the Farmers Bank of Maryland. The ob-
434 ject of the bill was to be relieved against a judgment ob-
tained by these defendants, and to stay proceedings at law on that
judgment. An injunction was granted; and on a motion to dissolve,
on the coming in of the answer, it was continued until the final
hearing. A commission was then issued; and the depositions of
many witnesses were taken and returned. After which the case
having been brought on for a final hearing, by a decree passed on
the 19th of July, 1831, the injunction was dissolved, and the bill
dismissed with costs, to be taxed by the registei.

On the 26th of July, 1831, the defendants by their petition
stated, that the subpoenas issued by the commissioners to sundry
witnesses to appear before them and testify in the case, had been
served by the sheriff1 of Anne Arundel County, who claimed such
fees for serving the process, so issued by the commissioners, as
were allowed to him by law, in general terms, for serving all sub
poenas. And, as a voucher of this charge by the sheriff, the peti-
tioners exhibited an account of several items amounting to eight
dollars and nineteen cents; which, however, was not signed by the
sheriff; nor did it specify the case, or under what authority, or at
whose instance the witnesses had been summoned. This charge
the register had refused to include in the bill of costs. Where-
upon the petitioners prayed, that the register might be ordered to
include this charge, as sheriff's fees, in the bill of costs which he
had been directed by the decree to tax.