010 CAPE SABLE COMPANY'S CASE.—3 BLAND.

The object of this petition is to- recover the poundage fees to
which the petitioner alleges he became entitled upon levying those
executions.

It is perfectly clear, that a sheriff's right to poundage fees is a
claim of a legal, not an equitable character. That he has a com-
plete remedy at law, either by action, or by selling for the amount,
by virtue of the execution that has been levied is certain, and ad-
mitted on all hands. The only doubt upon the subject, at com-
mon law, is, whether the plaintiff or the defendant is liable to him
for them, in all or in what cases. But this sheriff has thought
proper to present his claim for poundage fees to this Court, in this
case. It is, therefore, not only necessary, that he should establish
his legal claim against one or other or all of these paities; but,
that he should also shew why he should be indulged in bringing
that legal claim here; and upon what ground or equitable bearing
it is, that this Court can allow itself to entertain jurisdiction of
his case.

According to the common law. sheriffs were entitled to no fees
whatever for executing a fieri facias or any other process. Co.
Litt. 308: 2 Inst. 176, 210. But, in England, by an Act of Parlia-
ment, passed in the year 1444, nor applied here, some fees were
allowed; 23 Hen. G, e, 9; Kiliy Rep. 227; and by the statutes passed
in the year 1587 and 1716. not adopted here, they were allowed a
certain compensation for their trouble, graduated according to the
amount directed to be raised by the execution, called poundages
fees from the manner in which they are estimated; being so much
per pound for the first hundred pounds; and so much Jess for every
pound above that. 29 Eliz. c. 4; Kilty Rep. 85; 3 Geo. 1, c. 15, s.
16: Kilty Rep. 112. These statutes do not extend * to real
631 executions, but only to executions in personal actions; and.
therefore, the sheriff is, in England, allowed no poundage fees for
executing a habere facias possessionem. Peacock v. Harris, 1 Salk.
331. Nor do they embrace any case where money is raised by pro-
cess of attachment for contempt, upon which no poundage fees can
be charged. The King v. Palmer, 2 East, 411.

It would seem, that the sheriff's right to poundage fees accrues
and is complete in all cases immediately that the writ is regularly
executed; although no sale should be made; or the execution, be-
cause of some antecedent error should be quashed, or the suit
should afterwards be compromised. Peacock v. Harris, 1 Salk.
331; Enrlc v. Plummer, 1 Salk. 332; Tyson v. Paske, 2 Ld. Raym.
1212; Alchin v. Wells, 5 T. R. 470; Rawstorne v. Wilkinson, 2 Mau.
& Sel. 256. In strictness the sheriff' should make a return of the
whole sum produced by the sale, when the Court will order it to
be paid over, deducting the poundage; but where the sheriff has
received the poundage fees to which he was legally entitled, he
will be allowed to retain them. Com. Dig. tit. Viscount, (F. 2);
Woodgate v. Knatchbull, 2 T. R. 148; Alchin v. Wells, 5 T. B. 470.