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