Page:Federal Reporter, 1st Series, Volume 5.djvu/41

 DNITED STATiES V. HAA8, 2& �United States «. Haas and another. [District Court, 5. D. New York. Nc)vember, 1880.) �L Abkest— MAESHAi'a Feks. �Where aa execution ca. »w. was served by the marshal in the oounty of New York, and the defendants held under arrest for some time» and the action was subsequently settled by a compromise, the de- fendants paying the plaintiH a sinaller sum than that specifled in the execution:, ■ �I ir«M, that the marshal isentitledto poundage on the wholeamount for which the execution i?sued. �That the new provisions contained iri the Net? York code of civil procedure relating to sherifl'B fees do not affectthis question; �That the rate of poundage should be that allowed the sherifCs in the difEerent counties throughout the state under 2 (N. Y. ) Rev. St. 645, } 33, and not the special rates allôwed the sherifi in the côunty of New York. �S. L. Woodford,!]. S. Dist. Att'y, and G. P. L. Butler, ^sst. Dist. Att'y. for the United States. ■ H. W. Bookstaver, for the Marshal. �Choatb, D. J. In this case, after return of an execution against the property of the defendants unsatisfied, an execu- tion against their persons was issued and served by the mar- shal, who held them under arrest for some time, when they; gave bonds for the limits. The amount of the execution was $48,605.47. Subsequently a compromise of $15,000 waa accepted by the secretary of the treasury, and the plaintifE's. costs are payable ont of this sum. The marshal's costs for serving the execution have been taxed at $875.30, being fee for serving, 69 cents; poundage, 3 per cent, on $250, and 2 per cent, on $48,355.47. The plaintiff has appealed from the clerk's taxation. �The question to be determined is -whether the marshal is entitled to poundage on the sum coUected or realized by the compromise, or on the whole amount for which the execution issued. By Eev. St. TJ. S. § 829, the marshal is entitled to the same fees and poundage for serving an execution as are or shall be allowed to sheriffs of the state for similar services. The question then is, what poundage is the sheriff entitled to ? ����