
    *Worsham v. Egleston.
    [Thursday, October 16, 1797.]
    Forthcoming Bond — Excess—Effect.—If before the act of 1794, the sheriff In taking a forthcoming bond included his commissions on the debt, it was erroneous, but in snch case the bond is not void; and judgment shall be entered for the sum due without the commissions.
    Egleston issued a writ of fieri facias against Worsham, in the year 1794, which amounted to 6,940 lbs. of tobacco, and 21. 16s. 6d. Property was taken thereon, and a forthcoming bond given by Worsham, on the 19th of August, 1794; which he forfeited. The condition of the bond recited the amount of the execution to be 7,342 lbs. of tobacco and 21. 16s. 6d. including interest, costs and Sheriff’s commissions. The District Court gave judgment for the amount of the condition, and from that judgment Worsham appealed to this Court.
    
      
      See foot-note to Scott v. Hornsby, 1 Call 41.
      The principal case is cited in State v. Purcell, 31 W. Va. 56, 5 S. E. Rep. 307; Holt v. Lynch, 18 W. Va. 571; Bernard v. Scott, 3 Rand. 524, 530; Ambler v. McMechen, Fed. Cas. No. 273,1 Fed. Cas., page 592.
    
   PER CUR.

The judgment in which the Sheriff’s commissions are included is clearly wrong. It must, therefore, be reversed, and judgment entered for the sum due, without the commissions.

The judgment was as follows’.

‘ ‘The court is of opinion, that the said judgment is erroneous in this, that the same is entered for the amount of the debt recited in the forthcoming bond in the proceedings mentioned, in which bond it is stated that the Sheriff’s commissions are included, which by law he was not entitled to, and which ought to have been deducted from the amount aforesaid, before the entering of the judgment of the District Court. Therefore, it is considered by the Court that the said judgment be reversed, &c. And this Court proceeding to give such judgment as the said District Court ought to have given: it is further considered, that the appellee recover against the appellant 14,684 lbs. of tobacco, the penalty of the said bond, and his costs in the said District Court; but to be discharged by the payment of 6,940 lbs. of tobacco; and 21. 16s. 6d. specie, the amount of the said debt, after deducting the commissions aforesaid, with interest thereon to be computed 49 *after the rate of five per centum per annum from the 19th day of August, 1794, ’till payment, and the costs.”  