No sheriff shall directly or indirectly ask, demand, or receive for any service to be performed by him in the discharge of any of his official duties any greater fees than are allowed by law, on penalty of forfeiture of treble damages to the party aggrieved, and being fined in a sum not less than twenty-five dollars and not more than two hundred dollars.
Source: G.L. § 506. G.S. § 610. R.S. 08: § 1293. C.L. § 8768. CSA: C. 45, § 115. CRS 53: § 35-5-21. C.R.S. 1963: § 35-5-21.
ANNOTATION
Under this section the proceedings are against the sheriff personally, and there is no provision making the sureties liable upon the official bond in treble damages for a crime or misdemeanor of the principal. State Bank v. Brennan, 7 Colo. App. 427, 43 P. 1050 (1896).
This section refers only to fees, and not to actual reasonable expenses incurred in caring for the property held by the sheriff under attachment, and the court has determined that the sheriff is entitled to reimbursement for reasonable charges incurred in taking possession of, removing and keeping property taken on a writ of attachment. Cramer v. Brasher, 15 Colo. 216, 25 P. 180 (1890).
The sheriff may be reimbursed for money expended in taking and preserving property seized under valid process, but such costs are allowable only to the extent of reasonable and actual as well as necessary expenditures. Cramer v. Oppenstein, 16 Colo. 495, 27 P. 713 (1891).
But for the making of an inventory of attached property which is not a matter necessarily involving the expenditure of money out of pocket and thus the sheriff is not entitled to costs therefor in addition to the statutory fees. Cramer v. Oppenstein, 16 Colo. 495, 27 P. 713 (1891).
The sheriff has an insurable interest in property seized in execution; but he cannot subject the execution debtor to the cost of insurance without his express consent. Cramer v. Oppenstein, 16 Colo. 495, 27 P. 713 (1891).
Where the sheriff retains moneys above his proper fees and costs, the party entitled to the surplus may recover the same by action, and the remedy in such cases is not limited to a proceeding to retax the sheriff's fees and costs, though that course may be pursued, and though the suit may be for treble damages under this section, still, under appropriate allegations, there may be a recovery as for money had and received. Cramer v. Oppenstein, 16 Colo. 495, 27 P. 713 (1891).
No commission. Where money, received as the proceeds of an execution sale, exceeds the amount necessary to satisfy the execution, the sheriff is not entitled to charge commissions on such excess. Cramer v. Oppenstein, 16 Colo. 495, 27 P. 713 (1891).