Section 7106. Payment of sheriff's fees and expenses; liability of sheriff  


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  • (a) Payment of sheriff's  fees  and  expenses.  The  sheriff  shall  not
      deliver  a  chattel  to  the  person  entitled to possession unless such
      person shall, upon request, pay to the sheriff his lawful fees  and  the
      expenses  necessarily  incurred  in taking and keeping the chattel. Such
      fees and expenses shall be taxed as costs in the action or may be  taxed
      immediately  upon  motion  and the sheriff may be required to refund any
      amount not found to be necessarily incurred.
        (b) Liability of sheriff. A sheriff is liable for  damages  caused  by
      his  delivery  of  a  chattel  in  violation of this article only to the
      extent that such damages can not be collected from the party to whom the
      chattel was delivered, or his surety. When a chattel is delivered by the
      sheriff to any party, as prescribed in this article, the sheriff  ceases
      to  be  responsible  for  the  sufficiency of the sureties of any party;
      until then, he is responsible for the sufficiency of the sureties of any
      party.