
    Petry against Beauvarlet.
    Tuesday, September 11th.
    If the sheriff with the money raised by an execution upon land pays off mortgagesor judgments which had a prior lien to the judgment under which the sale was made, he is entitled to poundage upon the amount so paid though it exceed the real debt in the execution.
    I N this case upon the motion of Milnor, a rule was granted upon the sheriff of Bucks county to bring into this court certam costs which he had retained out of the money raised by execution upon the defendant's lands.
    Upon the return of the rule it appeared that with the money so raised the sheriff had paid off several j adgments and a mortgage upon the premises sold, which beix~g prior to the judgment in this case were entitled to prior satisfaction; and that he had charged a poundage upon the different sums so paid, which was the money brought into court, instead of confining himself to the real debt in Petry'$ execution.
    Milnor
    cited the act establishing an explicit Fee Bill which limits the poundage of the sheriff for selling lands levied on, and expressly orders "that no poundage shall be paid for more "than the real debt in the execution." 3 St. Laws. 782. But
   Per Curiam.

The construction of that clause has uniformly allowed to the sheriff a poundage upon the payment of all prior judgments and mortgages. He must therefore take his costs.  