measure of damages is not necessarily the whole debt but the actual loss, and if necessary an action will be directed to ascertain the amount of such damages.a SECTION XII. EXTORTION. To understand rightly the nature of extortion, it is of importance Fees. to know beforehand what fees are allowed by law and what not. b Now, fees are the perquisites allowed by officers in the administration of justice as a recompense for their labour and trouble; given and fixed either by act of parliament, by the Judges of the Superior Courts, or by other persons named by the Legislature for that purpose. At common law an officer concerned in the administration of justice is entitled to no fee for doing his duty, but as the common law gave no fees to Sheriffs, they became backward in executing writs by reason of the great danger in taking desperate men as well as in detaining them for fear of escapes; whereupon parliament thought fit to grant them fees in the reign of Queen Elizabeth, which they have had until this day.d Until the reign of her present Majesty (1 Vict. c. 55) the fees were ascertained and regulated by the following statutes; on mesne process, by the 23 Hen. 6, c. 9, and 32 Geo. 2, c. 28, s. 12; on final process against the debtor's goods, by 28 Eliz. c. 4, and 43 Geo. 3, c. 46; against his lands, by elegit and hab. fac. poss. by 3 Geo. 1, c. 15, and 8 Geo. 1, c. 25; on extents, crown debts and liberates, by 3 Geo. 1, c. 15, and 8 Geo. 1, c. 25; and as to poundage on ca. sa. by 3 Geo. 1, c. 15, s. 17. The statutes of the present reign are 1 Vict. c. 55 (passed to increase and fix the remuneration to be paid to the Sheriff or his officers, according to the discretion of the Judges); the 5 & 6 Vict. c. 98, s. 31, taking away the right of poundage on a ca. sa.; and "The Common Law Procedure Act, 1852," enabling either party whether plaintiff or defendant, and whether the execution be against the goods or person of the debtor, to levy the fees and expenses of execution. The following is the statute of 1 Vict. c. 55 (15th July, 1837), 1 Vict. c. 55. intituled "An Act for better regulating the Fees payable to the Sheriffs upon the execution of Civil Process." "Whereas it is expedient to amend the laws relating to the fees payable to Sheriffs, Under-sheriffs, Deputy-sheriffs, Sheriffs' agents, bailiffs, and others the a Arden v. Goodacre, 11 C. B. 367. b See Hawk. P. L. C. b. 1, ch. 27. c 2 Inst. 176-210; Walden v. Vessey, Latch. Rep. 15; Dew v. Parsons, 2 B. & A. 566. As to recovering a quantum meruit for his trouble, see Moor. 808. d Ibid. e Pilkington v. Cooke, 4 D. & L. 355; Wrightup v. Greenacre, 10 Q. B. 1. f 15 & 16 Vict. c. 76, s. 123; and Reg. Gen. Hil. T. 16 Vict. Part of 42 c. 9; the act and part of 23 Hen. 6, c. 9, repealed. Fees to be allowed by Courts at ster. officers or ministers of Sheriffs in England and Wales, and to give the Courts of Record at Westminster Hall a due control over such fees; and also to provide a summary remedy against such officers and others as shall extort or receive other or greater fees than by law they shall be entitled to and whereas divers enactments touching the said officers, contained in certain ancient statutes, have become inconvenient, and ought to be repealed:" Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that so much of an act passed in the forty-second year of his late Majesty King Edward the Third, intituled Estreats shall be showed to the Party indebted, and that which is paid shall be totted: no Sheriff, &c. shall continue in Office above a year, as relates to the time during which Under-sheriffs and Sheriffs' clerks may abide in their respective offices; and also an act passed in the first year of the reign of his late Majesty King Henry the Fifth, intituled Sheriffs' Bailiffs shall not be in the same Office in Three Years after: Sheriffs' Officers shall not be Attornies; and also so much of an act passed in the twenty-third year of the reign of his late Majesty King Henry the Sixth, intituled No Sheriff shall let to farm his county or any bailiwick: the Sheriffs' and Bailiffs' Fees and Duties in many Cases, as relates to the fees to be taken by Sheriffs, Under-sheriffs, Sheriffs' clerks, and other officers and ministers of Sheriffs, be and the same are hereby repealed. 2. And be it enacted, that from and after the passing of this act it shall be lawful for Sheriffs, or their officers concerned in the execution of process directed to Sheriffs, to demand, take and receive such fees, and no more, as shall from time to time be allowed by any officer of the several courts of law at Westminster charged with the duty of taxing costs in such Courts, under the sanction and authority of the judges of the said Courts respectively.a 3. And be it enacted, that any Sheriff, officer, or minister acting in the execution of process directed to any Sheriff or Sheriffs, or engaged or concerned therein, who shall extort, demand, take, accept or receive from any person or persons any fee or fees, gratuity or reward not allowed as aforesaid, or greater in amount than as allowed as aforesaid, such Sheriff or other his officer or minister, upon complaint thereof made against him to any of the said Courts, and on proof being made thereof upon oath, either by the examination of witnesses viva voce, or on affidavits, or on interrogatories, to the satisfaction of the Court to which the said complaint are allowed; shall be made, that such Sheriff, officer or minister, as the case may be, hath To prevent officers taking fees not allowed or greater fees than and other persons from taking any fees. offended therein as aforesaid, then and in such case every such Sheriff, officer or minister, as the case may be, shall be adjudged guilty of a contempt of such Court, and punished by such Court accordingly; and if any person, not being such officer or minister as aforesaid, shall assume or pretend to act as such, and shall extort, demand, take, accept or receive any fee or fees, gratuity or reward under colour or pretext of such office, he shall, on like complaint and proof, be in that respect dealt with by the Court in like manner. Court may 4. And be it enacted, that in all cases of summary complaints as aforesaid, the award costs. Court before which such complaint shall be preferred, may, at its discretion, award the costs of or occasioned by such complaint to be paid by either party to the other; such costs to be taxed by the master of such Court: provided always, that no such complaint shall be entertained unless made before the last day of term next following the act whereof complaint is made. Fees to the Lancashire and Durham. 5. And be it enacted, that from and after the passing of this act the Sheriffs of Lancashire and Durham, and their officers, shall have and be entitled to the like fees, and no more, upon process issuing out of the Court of Common Pleas at Lancaster and out of the Court of Pleas at Durham respectively as from time to time shall be allowed under the authority of this act to Sheriffs upon process issuing from the Superior Courts at Westminster; and that the said Court of Common Pleas at Lancaster and Court of Pleas at Durham respectively, or any judge thereof respectively, being also judge of one of the Superior Courts at Westminster, shall a This does not expressly, nor by implication, repeal the 28 Eliz. c. 4. It enables the judges to increase the fees: see Wrightup v. Greenacre, 10 Q. B. I and Pilkington v. Cooke, 4 D. & L. 355. have the same powers in every particular, with respect to offences against this act upon process issuing out of the said Court of Common Pleas at Lancaster and Court of Pleas at Durham respectively, as are hereinbefore given to the Courts at Westminster respectively in respect of process issuing from those Courts.a 6. And be it enacted, that this act may be amended, altered or repealed by any act to be passed in the present session of parliament. And by virtue of the power granted by the second section, the judges, on the 20th day of December, A.D. 1837, sanctioned and authorized the following TABLE OF FEES.b For every Warrant which shall be granted by the Sheriff to his Officer, upon any Writ or Process : In London and Middlesex . And on crown and outlawry process, an additional In all other counties, where the most distant part of the county shall not exceed 100 miles from London In Middlesex, not exceeding a mile from the General Post Office Not exceeding seven miles from same place. In other counties, not exceeding a mile from officer's residence Exceeding seven miles For conveying the defendant to gaol from the place of arrest, per mile 0 1 0 10 For receiving money under the statute upon deposit for arrest, and paying the same into Court, if in London or Middlesex. If in any other county FOR FILING THE BAIL-BOND. And for each action after the first For the Bailiff to conduct prisoner to gaol For searching offices for detainersa per diem per mile To the bailiffs, for executing warrants on extent, capias utlagatum, levari facias, fieri facias, ca. sa., ne exeat, attachment, elegit, writ of possession, forfeited recognizance, process from Pipe Office, and other like matters, for each, if the distance from the Sheriff's office or the bailiff's residence do not exceed five miles If beyond that distance On distringas in London In Middlesex, not exceeding five miles from General Post Office In other counties, not exceeding five miles from officer's residence. cessary," For each man left in possession, when absolutely necess per diem For the certificate of sale, to save auction duty Certificate of execution having issued for record For a deputation ON WRITS OF TRIAL AND INQUIRY. On lodging writ for entering cause, and warrant for summoning jury, which fee shall be forfeited in case of countermand of trial ON TRIAL OR INQUISITION. Sheriff for presiding. Bailiff for summoning jury, and attendance in Court For hire of room, if actually paid, not exceeding . For travelling expenses of Under-sheriff from his office to place per mile 0 To the bailiff, from his residencec per mile In all cases in which it shall appear to the master that a saving of expense has accrued to the parties by reason of a writ of trial having been executed by deputation, the fee for such deputation shall be allowed. On writs of extent, elegit, capias utlagatum, and others of the like nature; for summoning the jury, use of room, presiding at the inquisition, &c. Jury For drawing and engrossing the inquisition. For a summons for the attendance of a witness per mile 0 per folio 0 0 5 a These are not payable on a levy under a fi. fa., Masters v. Lowther, 11 C. B. 948. b See Masters v. Lowther, suprà. c See next page. Broker, where the sum demanded and due shall exceed 207. and shall not exceed 50%. for appraisement and affidavit of value Where it shall exceed 50. 0 10 1 per mile And his travelling expenses from his residence to the place where the goods are Bailiff for summoning parties and delivering goods to tenant And his travelling expenses same as broker For the warrant, record, and return of a re. fa. lo., accedas ad curiam, pone, or writ of false judgment For writ of retorno habendo For each summons on a writ of sci. fa., or for the service of writ of capias where no arrest . And mileage 60 per mile 0 . For recording each demand or proclamation under writs of outlawry And travelling expenses, if the distance shall exceed five miles, then for every mile beyond that distance. For any supersedeas, writ of error, order, liberate or discharge to any writ or process, or for the release of any defendant in custody (unless in the prison of the county), or of goods taken in executiona For the return of any writ or process, and filing same, exclusive of the fee paid on filing 0 512 26 0 5 0 For attending a view, the fees as allowed by Rule of Court, Trinity For any Duty not herein provided for, such sum as one of the Masters 0 3 6 0 5 0 12 0 14 0 1 0 0 14 2 2 0 4 0 0 2 1 1 ADDENDA. BOND IN REPLEVIN. Instead of the allowance of the fees upon the same scale as the bailbond, the fee of 17. 1s. only is allowed, whatever be the amount, if above 201. . 1 1 0 a This is only payable when the goods Masters v. Lowther, 11 C. B. 948, 951. are released without an actual levy, |