Empson's Case

1 N.C. 20

Opinion

THIS case was on a statute acknowledged and an extent sued. The sheriff took a bond of £. 20 for the payment of £. 10 which was his fee: and this was before the liberate. Adjudged:

First. That the bond is void, inasmuch that the statute 28 H. 8. gives him an action of debt for his fees; and he shall not have a double reward.

Secondly. It is void, as it was taken before the liberate, so that the sheriff took his fee, before he had done his work. Postea, p. 52. 3 Cro. 150 and 287. bin. 20 and 50.