FEE 
F E I 
with new fees, or old offices with new fees; for that is a 
tallage upon the fubjeft, which cannot be done without 
common affent by aft of parliament. ■z~lnjl. 533*- Yet it is 
holden, that an office'erefted for the public good, though 
no fee is annexed to it, is a good office ; and that the party, 
for the labour apd pains which he takes in executing it, 
may maintain a quantum mcriiit, if not as a fee, yet as a 
competent recontpence for his trouble. Moor? 808. All 
foes allowed by afts of parliament become eftablifiied fees; 
and the feveral officers entitled to them may maintain 
' aftion of debt for them. All fitch fees as have been al¬ 
lowed by the courts of jiiftice to their officers, as a recom- 
pence for their labour and attendance, are eftablifhed fees: 
and the parties cannot be deprived of them without an 
aft of parliament. Co. Lit. 368. But as, to the quantum 
of tb.e fees due, it mu ft be obferved in general, that it is 
extortion for any officer to take more for executing his 
office, than is allowed by aft of parliament, or is the known 
and fettled fee in fucli cafe. As to the fees of (fierift's for 
executions, by (cat. 29 F.liz. c. 4, it is enafted, “ That it 
(hall not be lawful for any ftieriff, &c. nor for any of their 
officers, by colour of their office, to take of any perfon, 
direftly or indireftly, for the ferving and executing of any 
extent or execution upon the body, land's, goods, or chat¬ 
tels, of any perfon, more recontpence than in tiris prefent 
aft appointed, i. e. twel ve-pence'of and for every twenty 
(hillings where itexccedeth not one hundred pounds ; and 
(i-x-pence of and for every twenty (hillings over and above 
the faid fum of one hundred pounds, that he or they flialL 
lb levy or extend, and deliver in execution, or take the 
body in execution for; upon pain, that the perfon offend¬ 
ing, fit a 11 forfeit, to the party grieved, his treble damages; 
and (hall forfeit the fum of forty pounds for every time that 
he, they, or any of them, (hall do the contrary.” 
It is extortion for any officer to take his fee before it is 
due; and therefore where an under ffierift’ refufed to exe¬ 
cute a capias ad fatisfacicndum till he had his fees, the court 
held, that the plaintiff might bring an aftion againft him 
for not doing his duty, or might pay him his fees, and 
then indict him for extortion. Co. Lit. 368. Officer muft 
obey a writ, though fees are unpaid. Stran. 814. Procefs 
muft be obeyed, though fees are not tendered. Stran. 1262. 
If an habeas corpus ad fubjicicndUm be direfted to a gaoler, 
lie muft bring up the prifoner although his fees were not 
paid him ; and he cannot excufe himfelf of the contempt 
to the court, by alleging that the prifoner did not tender 
him his fees. 1 Kcb. 272. But if the gaoler brings up the 
prifoner by virtue of fuch habeas corpus , the court will not 
turn him over till the gaoler be paid all his fees; nor, ac¬ 
cording to fome opinions, till he be paid all that is due to 
him for the prifoner’s diet: for that a gaoler is compel¬ 
lable to find his prifoner fuftenance. See 1 Rol. Rep. 338. 
Co. Lit. 295. Plozvd.G’&a. iJon.iqZ. If a perfon pleads 
his pardon, the judges may infift on the ufual fee of gloves 
to themfeIves! and officers, before they allow it. Fitz. 
Coron. 294. Pulton de Pace, 88. If an erroneous writ be de¬ 
livered to the (heriff, and he executes it, he (hail have 
his fees, though the writ be erroneous. 1 S.a.lk, 332. It 
feems to be laid down in the old books as a diftinftion, 
that upon an extent of land upon a itatute, the (heriff is 
to have his fees, fo much per pound according to the 
Itatute immediately; but that upon an elegit he is not 
to have them till the liberate. Popli. 156. Winch, 31. S.P. 
Fees of Attornies and Officers, are conliderations 
allowed them as k recontpence for their labour: and in 
refpeft to officers, they are granted over and above their 
falaries, to excite them to diligence in executing their 
offices. If aclient, when his bufinefs in court is difpatched, 
refufeth to pay the officer his court-fees; the court on 
motion will grant an attachment againft him, on which he 
(hall be committed until the fees are paid. 1 LiU. Abr. 398. 
Ecclefiadical courts have not power to eftablidi fees : but 
if a perfon bring a quantum meruit in the court of king’s- 
bench, &c. for fees, and the jury find for him, then they 
become eftablidied fees. 1 Salk, 333. A folicitor in clum- 
Von.VII. No,427, 
2S9 
eery may exhibit his bill for his fees for bufinefs done in 
that court; and fo he may where the bufinefs is done in 
another court, if it relates to another demand the plaintiff 
makes in chancery. But it hath been held, that chancel¬ 
lors, regiders, and proftors, who are officers of temporal 
profit, and vvhofe fees do not relate to the jurifdiftion of 
the fpiritual court, cannot fue,for them in the fpiritual 
court. 1 Leon. 268. 2 Rol. Rep. 59. Aftion on the cafe lies 
for an attorney for his fees, .againft him that retained him 
in his caufe: and attornies are not to be difmid’ed by their 
clients, till- their fees are paid. But attornies are not 
to demand more than their juft fees; nor to be allowed 
fees to counfel without tickets, or the (ignature of coun- 
fel, &c. T. c. 7. An attorney may have aftion of 
debt for bis fees, and alto of counfel, and cods of fuit: 
as a counfdlor is not bound to give counfel till he has his 
fee, it is ftiid he can have no aftion for it: though it has 
been held otherwife. 1 liYozdnl. 73. 31 Hen. VI. c. 9. 
FEES'SY, a town of Norway, in the diocefe of Dront- 
heim : fifty miles north-ead of Romfdal. 
FEET, a town of Norway, in the diocefe of Agger- 
Imus : thirty-fix miles north-nori'n-ead of Frederickftadt. 
FEET,yi The plural of foot: 
His brother’s image to his mind appears, 
Inflames his heart with rage, and wings his feet with fears. 
Pope. 
FEET'L'ESS, adj. Being without feet.—Geoffrey of 
Boulloin broched three feetlefs birds, called Allerions, 
upon his arrow’. Camden. 
EEG'ESAK, or Vegcesak, a town of Germany, in 
the circle of Lower Saxony, and duchy of Bremen: eight 
miles north-north-weft of Bremen. 
FEGLI'N A, a town of T taly, in the kingdom of Naples, 
and province of Calabria Citra : feven miles fouth-eaft of 
Cofcnza. 
FEIJ'EENBACIL, a town of Germany, in’ the circle 
of Swabia, and lordfliip of Furftenberg: twelve miles 
wed-fouth-wed of Rothvvell, and dxteen eaft of Friburg. 
FEHRNBEL'LIN, a town of Germany, in the circle 
of Upper Saxony, and Middle Mark of Brandenburg. 
In 1675, a battle was fought between the troops ot fhe 
elector of Brandenburg and the Swedes, in which the lat¬ 
ter were defeated : twenty-eight miles north-wed ot Ber¬ 
lin, and twenty-eight north-north-eaft of Brandenburg. 
FEI, a town of China, of the third rank, in the province 
of Chang-tong : twenty-five miles wed-north-wed of Y. 
FEI-TCHIN, a town of China, of the third rank, in 
the province of Chang-tong: twenty-five miles fouih- 
fouth-weft of Tci-nan. 
FEJE'E, one of the Friendly Iflands, in the Southern 
Pacific Ocean, deferibed as a high and fruitful ifland, 
abounding in hogs, fowls, roots, and fruits : three days 
fail north-weft-by-weft from Tongataboo. 
FEIGH'NIES, a town of .France, in the department of 
the North, and chief place of a canton, in the didrift of 
Le Quefnoy : one league north-weft of Maubeuge. 
To FEIGN, v. a. [feindre, Fr, gHitgo, I«at.] To invent ; 
to image by an aft of the mind.—No fitch things are done 
as thou fayed, but thou feignedf them out ot thine own 
heart. Neh. vi. 8.—To make a (how of: 
Both his hands, mod filthy feculent. 
Above the water were.on high extent, 
And feign'd to wafn lhemfelves inceffantly. Spenfcr, 
To make a (hew of; to do upon fome falfe pretence ; 
Me gentle Delia beckons from the plain. 
Then, hid in (hades, eludes her eager fwain ; 
But feigns a laugh to fee me fearch around, 
Audi by -that laugh the willing fair is found. Pope , 
To didemble ; to conceal. Qbfolete: 
Each trembling leaf and whidling wind they hear, 
As glmfily bug their hair on end does rear ; 
Yet both do "drive their fearfulnefs to feign, Spenfcr. 
4 E To 
