CAPE SABLE COMPANY'S CASE.—3 BLAND. 613

poundage fees were to be allowed. 3 Geo. 1, c. 15, s. 17; Tidd's
Prac. 979.

It appears, that one of the causes which accelerated and aggra-
vated the war of Independence in this State was an angry contro
versy which had arisen between the last Proprietary Governors and
the people as to the right to fix and regulate officers' fees; Bio-
graphy Sign. Ind. vit. Carroll; in consequence of which the second
General Assembly of the Republic, passed an Act, even before
the judicial department had been fully organized, to regulate such
fees; in which, apparently in accordance with an English princi-
ple, 2 Inst. 533: The Rendsberg, 6 Rob, Adm. Rep. 102, it declared,
" that officers' * fees can be rated, regulated and established
by Act of Assembly only." October, 1777, ch. 10: Declar. 634
Rights, Art. 12: 1650, ch. 25. This law was re-enacted; October,

1778. ch. 17; and with some slight modifications again re-enacted
into that law, the greater part of which still remains. November,

1779. ch. 25. Two of the sections of the last of these Acts are
merely corresponding provisions of theearly legislative enact-
ments of the Republic upon the subject of poundage fees. The
Provincial Act of Assembly allowed fees to sheriffs upon execu-
tions similar to poundage fees; 1763, ch. 18, s. 94; but it is per-
fectly evident, from the language of the enactments of the Re-
public, that their provisions were taken from the English statutes
of 1587 and 1716. And it is also remarkable, that all the Acts of
Assembly of Maryland, like the English statutes, have left it un-
certain whether, in general, the plaintiff or the defendant was to
be held liable for the poundage fees. A late Act of Assembly has \
made some alterations as to the amount of these fees in suits at
common law; but has not cleared away the obscurity of the pre- !
vious laws upon the subject, (i) \
It is certain, that upon the Acts of Assembly a sheriff may main- J
tain an action at law to recover his poundage fees. And it has
been held, that the Act of Assembly shews, that the defendant is ;
liable for the poundage fees; that there is no instance of the plain- \
tiff's receiving the poundage fees from the defendant; and that
upon a fieri facias if goods are taken; and the debt is com pro-
mised, the sheriff can sell to the amount of the poundage fees; or
that although he cannot detain the defendant in custody alter he

has paid the debt and costs; yet he may compel him to pay the
poundage fees in the same manner he can any other fees. Novem-

(i) The Act of Assembly authorizing the appointment of a messenger of
this Court, directs that his fees shall be paid by the party against whom the
process issues.—1785, ch. 72, s. 32. And the same Act which gives the Chan- (
cellor authority to issue & fieri facias (section 35,) in the direction that "upon
which there shall be the same proceedings as at law," seems to be the only |
authority for charging poundage fees for levying a fieri facias from Chancery.