
    Wright v. Waters, bailiff of Dermott.
    Costs do not accrue, upon levying a distress for rent, unless the goods are sold.
    Replevin of goods distrained for rent.
    
      Mr. Dermott, for the defendant,
    moved the Court to allow the constable’s poundage fees for levying the distress to be taxed as costs in replevin, the defendant having obtained a verdict for the rent arrear.
    
      Mr. Redin, contra:,
    
    contended that those fees did not accrue in this action, but if they accrued at all, they accrued before the suit was commenced. But they did not accrue at all, for the Act of .Maryland 1779, c. 25, gives them only in case of sale ; but here the goods were replevied, and not sold.
   The Court

(Ti-iruston, J., absent,)

said that the poundage fees had not accrued, as no sale had been made.  