
    MORRIS against HOFF.
    OH OERTIOEABI.
    Constable cannot recover extra pay for serving process.
    The action below, was brought against Morris, by Hoff) on the following state of demand:—
    John Morris, late constable, To Gabriel Hoff, Dr. [464]
    For serving a summons on George Henry, which he, the said John Morris, engaged, and promised to give me the sum of five dollars when served, and returned; which I did, and demand the sum of $5.
    The justice, after trying the cause made the following entry of judgment. After full examination of all the circumstances ; considering that this is a private contract, or agreement between the present parties, [*] which does not fall under the law, whereby the constables are forbid to charge more fees than is allowed them by law; granted judgment in favor of the plaintiff, for five dollars, with $1.50 costs.
   By the Court.

The justice has mistaken the law; if these private contracts are countenanced in courts of justice, it would be licensing fraud and oppression.

Judgment reversed.  