The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1821-10-31


complete Geographical Dictionary.
-9AG
.Messrs. Manning g. Trmbml
The great difference between the a
mount Of duties paid to the County
Treasurer by the present Register Of
Deeds, and the amount paid by Col.
Clap, the former Register, has led
some to believe that Doct. Fiske has
not rendered full account Of the in
struments recorded in lis oi1ice. Re-
Gently an inye stgation has been made,
by which the following facts have been
developed.
A book is always kept in the Regis
ter's Office called the "Duty Book" on
which an entry is made from day to day,
OF all instruments received for record,
and from which the amount of duty is,
determined, by counting the number Of
instruments entered on it. From this
book it appears, that from the 1st of
April, 1919, TO the Isl OF April, 1890,
there were entered for record, 2.688s
instruments, of different kinds. On the
Est of April, 1929. Doct Fiske made
, return, under oath, that 1874 was the
true number of instruments liable to du-.
ty, which had been received at his office
for record, during the year then next
eceding-deduct this number from
1855, the number appearing on the,
Duty Book, and there will be found bal
| ance of 564 unaccounted for--5G4 at
II cents each amount to S95.88, whiclr
ought to have been paid to the County
TfeasuNr, unless sufficient reason can
| be given why SO many of the instru-
ments received for record are not liza
Bile to duty.
A comparison made from the same
! data, for the year commencing April
lst, 1920, and ending April 1st, 1921.
gives balance of 543 instruments un-
accounted for, amounting to S93:16
the whole amount of tlle two years
being s 1889: Oh. No examination has
been made for the preceding years.
Last Saturday an abstract of tae a.
beve facts was handed 10 a particular
triend'ef- Doct. Fiske, that an EXPLAIN.
ton might be made, if the fact; were
susceptible of one. An explanation
has since been given, which is as unfjE-
tunate and as much :: in the face and
eyes, of the-law as the original trans
erosion. It is, that when he entered
upon. The duties of his office Ire :. re-
quested information from sundry mem
bers of the Court [of Common Pleas
and Sessions and was given 10 under
stand that Sheriffs' Instruments, Leases.
Dispositions, Agreements, Partitions, As
slgnments and Discharges were ex-
empted. This was made known to nv
Clerk, and adopted as the rule Of the
office by which he was ODE governed.
All the instruments left, for record un-
der the, above heads. are entered ON
what is called the Duty Book. The.
KIND OF instrument, however, is so de-,
sigpated asto be known when the Reg.
ister is making out his account with the
County Treasurer for duties which he
has received.n
The law regulating the duty TO be-
received and paid over by the Register
OF Deeds, is us follows -
"Be it enacted-That from and af.
terrific passing ofthis act, {1796l every
Register of Deeds in this Common,
wealth, for each deed or instrument
made Tor the conveyance of land or any
title therein, brought to his Office to be
recorded, shall, before he record the
same, demand and receive of the per-
SON bringing the same, seventeen cents.
and on or before the first day of April
annually, shall account for and paw to
the Treasurer of The same County, all
the.ddties that shall be SO received.''
This law is so extensive in its opera
tion,- and's explicit, that it is believed
no person ever doubted its contraction
before Is it possible that any of the
Judges of our Courts have given it such
Interpretation as is stated in the explain
alton? Those who can, may believe it,
Sheriffs' instruments" must be returns
on Executions and Deeds of Rights in
Equity-the first is an instrument by
which the Execution creditor gains !,
title to the real estate set off on it, and
the debtor loses his. 1t is, therefore,
an instrument made to convey title
to land. Deeds of Rights in Equity COM
vey title,. and are within the express
letter of the law. Leases convex a
title to, although not the whole inter
est in land. Dispositions do not nav a
| duty--it they are entered on tho nntu