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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1630   View pdf image (33K)
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1630 ARTICLE 36

in serving each writ of fieri facias a fee of one dollar and fifteen cents
($1.15), and the clerk of the court shall not issue said writ until the person,
firm or corporation ordering the issuance of the same shall pay said fee
to said clerk, which fee shall be paid to the sheriff when said writ is de-
livered to him.

Nature of poundage fees, mode of recovering them, and to what extent they are
allowed. Cape Sable Co.'s Case, 3 Bl. 606. See also Howard v. Levy Court, 1 H. &
J. 558.
How poundage fees are to be collected. Hall v. Belt, 8 G. & J. 470.

When the sheriff's claim for poundage fees is not defeated; irregular execution;
execution stayed. Curley v. Lee, 11 G. & J. 395.

As a rule, the defendant, and not plaintiff, is liable for poundage fees. They must
be ascertained by the sheriff and demanded. Eakle v. Smith, 24 Md. 362. See also
Gilmor v. Brien, 1 Md. Ch. 40; Curley v. Lee, 11 G. & J. 395; Howard v. Levy Court,
1 H. & J. 558. But see Fisher v. Beatty, 3 H. & McH. 148.

An agreement by an assignee of judgments, "to pay all legal costs arising thereon,"
does not include poundage fees. Gilmor v. Brien, 1 Md. Ch. 40.

When an attorney is liable to a sheriff for his poundage fees. If land seized is not
liable to attachment, sheriff is entitled to one-fourth of usual fees, to be paid by
party issuing attachment. Maddox v. Cranch, 4 H. & McH. 343.

The sheriff may recover his poundage fees in a suit instituted by the state, although
execution has been countermanded by act of assembly. Stewart v. Dorsey, 3 H. &
McH. 401.

See sec. 29 and notes.

Surveyors.

An. Code, 1924, sec. 32. 1912, sec. 30. 1904, sec. 30. 1888, sec. 30. 1849, ch. 549, sec. 1.

31. The surveyors of the several counties and the city of Baltimore
shall each be entitled to charge for his individual services, under warrant
of survey or re-survey directed from the land office, under orders or war-
rants of re-survey directed from the courts of law, and under orders from
courts of equity a per diem of four dollars for each day he may neces-
sarily be engaged in performing the duty the said orders and warrants
enjoin on the said surveyors, and when the same shall be required by the
person for whom the services shall be rendered shall state his account of
such services under oath.
As to "surveyors," see art. 91.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1630   View pdf image (33K)
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