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440 STEWART v. CHEW.
fees allowed by law for the performance of such service; and the
register must be directed to tax such fees in the bill of costs
accordingly.
But in this case the sheriff has made out his account in so loose
and indefinite a manner, that the amount, as now claimed, cannot
be allowed. The process itself, with the sheriff's return endorsed,
or a certificate by the commissioners of the service having been
performed by the sheriff", should have been returned with the com-
mission; or in place of it some unequivocal evidence must be pro-
duced, that such summons was issued by the commissioners, and
served by the sheriff. But, as it seems to be unjust, at once, to
reject this claim merely because of what evidently appears to have
been a mistake of the claimant, I shall let the matter stand over
with leave to have the claim, if practicable, fully and correctly
authenticated.
Ordered, that the claim as set forth in this petition stand over
until the 20th instant, with leave to produce further proof.
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After which an additional voucher of this claim was laid before
the Chancellor.
24th August, 1831.—BLAND, Chancellor.—This claim having
been authenticated by a certificate of one of the commissioners,
that the subpaenas had been issued by them and served by the
sheriff. It is Ordered, that the legal fees for the services so per-
formed by the sheriff of Anne Arundel county, be and the same
are hereby allowed; and the register is hereby authorised and
directed to tax the same as a part of the costs accordingly.
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STEWART v. CHEW.
An injunction granted to stay trespass, there being no then depending suit to try
the right, dissolved on the coming in of an answer which denied the trespass, and
alleged that the acts complained of were done on his the defendant's own land.
THIS bill was filed on the 5th of May, 1831, by William Stewart
against John Chew; it stated, that at a sale made under a decree
of this court, the plaintiff had purchased a part of the tract of land
called Elkton Head Manor, and was then in possession of it; and
that the defendant had committed; and was then committing great
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