
    Commonwealth v. Brown.
    [May, 1805.]
    Sheriffs — Commissions—When Entitled to. — The sheriff is not entitled to commissions, unless the sale is actually made.
    This case is an appeal from the decision of the district court of Richmond, allowing a claim which was exhibited against the commonwealth by the appellee, to commissions claimed by the appellant, as sheriff of Southampton county, on an execution from the general court on behalf of the commonwealth against Lazarus Cook, security of John Rogers, formerly sheriff of Southampton county, which claim had been rejected by the auditor.
    The facts were, that an execution issued from the general court against Cook, bearing date the 27th of January, 1803, which came into the hands of the appellee, who levied the same on twelve grown negroes, five young negroes and five horses, and appointed the 8th day of June, 1803, as the time of sale. The property appears to have been advertised at the court-house and other public places in the county. The appellee suffered the property to remain in Lazarus Cook’s possession until the day of sale. The sheriff attended at Lazarus Cook’s on the day of sale, but was prevented from selling’ , by the said Cook’s production of a *certificate from the clerk of the general court, stating that the court of appeals had reversed the judgment on which the execution had issued against the said Cook. The district court allowed the appellee his commissions on the execution. From which decision the auditor appealed to the court of appeals. , ,
    Nicholas, attorney general.
    The sheriff not having received the money on. the execution, or made an actual sale of the property taken, is not entitled to commissions ; for the act of assembly only allows commissions where an actual sale is made. 1 Rev. Code, 211, 218, 326.
   PER CUR.

Reverse the judgment, and dismiss the petition.  