40 HIGH COURT OF CHANCERY.

ROBERT GILMOR

vs. MARCH TERM, 1847.
JOHN McP. BRIEN ET AL.

[POUNDAGE FEES OF SHERIFF.]

As a general rule, the defendant, and not the plaintiff, is answerable for pound-
age fees.

If an execution issue irregularly, that being the act of the plaintiff, he, and not
the defendant, will be liable to the sheriff for poundage fees; but if an exe-
cution is stayed by injunction, the defendant is liable.

The claim of a sheriff for poundage fees, is a legal, and not an equitable,
claim, and its payment must be enforced by a proceeding at law.

An agreement, by an assignee, of certain judgments to pay all legal costs;

arising thereon,'was held not to impose an obligation on him to pay pound-
age fees.

[Sundry judgments having been recovered against the de-
fendant Brien, one at March term, 1841, five at November term
1841, and twelve at March term, 1842, writs of fieri facias
were issued upon two of them, returnable at March term, 1842.
and upon the others returnable at March term, 1843. The
precise date of these writs did not appear, but it was ad-
mitted in the proceedings, that the two former were issued in
the winter of 1841, and the others in the winter of 1842, and
1843; and also that in virtue thereof, levies were made on cer-
tain real and personal property of the defendant, Brien, which
was advertised for sale. It also appeared that at the dates of
the levies, the sheriffs had in their hands for collection, certain
officers' fees due by said Brien, and to satisfy them, seized
other property of his, but neither the precise date of this seiz-
ure or of the levy under the writs, or a schedule of the property
levied upon, were produced.

On the 5th June, 1843, the complainant Gilmor, who held
three several mortgages on the property of said Brien, dated
respectively the 1st September, 1841, 22nd October, 1841, and
8th June, 1842, to secure him for moneys advanced, and re-
sponsibilities incurred for Brien, to a very large amount, filed
his bill against said defendant, and the judgment creditors,.