case lyster against Bromley Trinity term car roll a sheriff may take d in the  pound for the first l and d per pound for every pound above the l and this  extend to the sheriff of city and corporation execute judgement out of the  superior court but he can take a bind for his fee error of a judgement in the  common plea videlicet debt by the undersheriff for his fee where be demand l S  for execute of a capias ad to give satisfaction of l the error assign be  because he demand more for his fee than the Elizabeth c a allow b videlicet  whereas he ought to croak car have but sixpence for every pound where the  execution be above l and twelvepence for every pound where the execution be  but l or under he take for the first l and S for every of the other hundred  pound have take more than sixpence in the pound for the say execution of l and  for this cause the error be assign but a precedent be show in Hilary term I  car roll Jesson v Westley in this court where it be adjudge that a sheriff  ought to have for his fee for the first l and S for every other l over and  above the first hundred pound otherwise if the execution shall be for l or l  he shall have less than for the execution of l which never be the intent of  the law for the law give allowance to the sheriff for execute process which by  construction shall be most favourable take and accord to the intent of the  lawmaker and not that he shall have less for the execution of l than for the  execution of one hundred pound another precedent be show in easter term James  roll where be the like judgement all the court absent Richardson be of this  opinion but we will advise The next day Richardson chief justice be in court  it be move again and the record betwixt Jesson sheriff of Coventry v Westley  be produce wherein he declare in debt for his fee l S for take execution of a  judgement of l and upon this declaration it be demurrer and two question then  make first whether the sheriff may demand twelvepence in the pound for the  first l and sixpence after for every l or that he ought to have but sixpence  in the pound where the sum exceed l and it be adjudge that he shall have  twelvepence for every pound of the first l and sixpence for every other pound  over the l second although it be provide in the Elizabeth c that this shall  not extend to sheriff of city or corporation it be hold that it be only to be  intend for the execute judgement in the court of the say corporation a and not  to the sheriff of city or corporation for the execute judgement out of  superior court another precedent be show in easter term James roll Proby v  Michael b in a action of debt for fee and adjudge accord and whereas Grimston  cite a case in the common plea in Michaelmas term James of Symson v Bathurst  where the opinion be that the sheriff ought to have but sixpence in the pound  where it be above l and that the judgement be there enter for the  defendant Jones justice say the reason of that judgement be not for the cause  now allege but for that the sheriff have take a bind for his fee and have  bring a action of debt upon that bind and the defendant have plead the Henry c  in avoidance thereof the court there conceive although he may have such fee as  be allow by the statute yet be may not take bind for they for under colour a  this statute appear by the parliament roll to have be pass in the that year of  Elizabeth vide salk b for subsequent statute which make allowance to sheriff  see Geo c Geo c Geo c Geo c a vide Geo c b more roll Rep croak car er p  thereof he may so have double fee c wherefore here after argument the  judgement be affirm c