The King against James Jetherell
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1757 |
| Date | 01 January 1757 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 749
IN THE COURT OF EXCHEQUER
[177] hilary term, 30 geo. 2, 1757. the king against james jetherell.-The sheriff is intitled to poundage, by the statute 3 Geo. 1, where he takes inquisitions and makes seizures upon extents in aid, and the prosecutors receive the money for which the extents issued from the sheriff. The defendant Jetherell, being indebted to James Harkness, Esquire, receiver-geueral of the county of Cambridge, in the sum of 8591. an estent in aid issued against him for the same, on the 23d of January 1755, directed to the sheriff of the county of Huntingdon; and by virtue of an inquisition taken thereon, he took and seized several goods into His Majesty's hands, which were appraised at 20001. and upwards. The defendant Jetherell, being likewise indebted to Henry Southwell, Esquire, receiver-general of the county of Huntingdon, in the sum of 5001. another extent in aid iisued against him for the same, on the 27th of January aforesaid, directed to the said sheriff of the county of Huntingdon; and by virtue of another inquisition taken thereon, he took and seized the same goods, which were appraised at 20001. and upwards,, as aforesaid. [178] The seizures were made at different times, and in four different towns in the said:county; and after the proceedings before mentioned, the several sums of 8591. and 5001. were paid by the assignees under a commission of bankruptcy against the defendant Jetherell, to Mr. Thomas Johnson, under-sherifF of the said county of Huntingdon ; who paid over the said 8591. to the said James Harkness, and the said 5001. to .the said Henry Southwell. That Mr. Harkness and Mr. Southwell had not paid Mr. Johnson poundage, or his costs and charges in executing the extents, according to their agreements. Mr. Perrott therefore moved, the last term, that Mr. Harkness and Mr. Southwell might respectively pay Mr. Johnson poundage on the said extents, and his costs and charges relating thereto, and his costs of this application ; and that it might be referred to the deputy-remembrancer, to settle the same: which, upon reading the affidavits of the isaid Mr. Johnson, and the said extents, inquisitions and agreements, was accordingly ordered, unless cause, the first day of this term. Mr.!Starkie shewed cause, for Mr. Harkness and Mr. Southwell, against the order : and made several questions. 750 THE ATTORNEY-GENERAL V. HIKES PAEKEB, 179. ; First, whether the...
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