
    *Joseph Vance v. The Bank of Columbus.
    Poundage is only due to the sheriff where he has actually made and received the money on execution.
    This cause came before the court upon a writ of certiorari, from the Supreme Court of Champaign county, to the court of common pleas of the same county.
    The facts of the case were these: At the April term of the common pleas, 1822, the bank obtained a judgment against Vance for six hundred dollars, upon which an execution was issued and levied upon real estate. A sale not being effected, in consequence of no person bidding the proportion of the valuation required by law, the execution was returned with the levy and valuation, and indorsed not sold for want of bidders. Several successive writs of venditioni exponas were issued, upon which the same return was made. After the last vendí, was thus returned, Vance paid the money to the bank, and paid up all the costs, but the poundage claimed by the sheriff. This he refused to pay, and made a motion in the common pleas to have an entry of satisfaction made on the judgment. This motion was resisted, and overruled by the court. To reverse this order the certiorari was brought.
    
      Mason and Cooley, for plaintiff in certiorari:
    
    In England, in New York, and perhaps elsewhere, the sheriff is entitled to his commissions, or poundage, whenever the execution is served or levied, whether the money be paid to him or not. This results from the terms used in the statutes giving the fees. The statute* Elizabeth, chapter 2, provides that the sheriff shall be entitled to the. fees allowed by the act for serving the execution ; the New York statute is in the same terms. Under these statutes it is held that the sheriff’s right to poundage depends upon his serving the execution, not upon his receiving the money. 5 Johns. 252. The terms of our statute are different. The sheriff’s fees for every particular service are enumerated. “ Poundage on all moneys made on execution, two per cent.,” are the terms employed, and they import only moneys made by, that is paid to, the sheriff. It is given as compensation for the trouble and risk of receiving and paying over the money; *and if the service be not performed no compensation can be due.
    No counsel argued on the other side.
   By the Court :

The distinction taken by the counsel, between the language of our statute and that of oth er countries referred to is a very clear one. The phrase, “ money made on execution,” can only relate to such sums as are actually paid into the sheriff’s hands, upon the execution. The money is not made by the officer, when paid directly' by the debtor to the plaintiff. A different construction would imply that the poundage was given merely to swell the bill of costs, and increase the sheriff’s perquisites, and to this we can not assent. We agree with the counsel, that.it is given as a compensation for services really performed. When this is not done compensation can not be claimed.

The order must be reversed, and the common pleas instructed to enter satisfaction on the judgment.  