The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1821-11-07

| there is no occasion for it.
But we have heard people complain of am
| other difficulty, which is not without founda-
ton. 1t is, when they have business for the
private ear of the Register. Creditors fire.
quently have occasion to inquire into the state
| of their debtors property, and to ascertain
whether they have morg aged their real estate,
or made any other conveyance of it. This
they wish TO do without exciting alarm; and
yet they complain that it cannot be done with
Doct. Fiske lowing TO his deafness) in place
so pubick as the Court House, without great
danger of being overheard. So i: is with all
other private business.
2. Doct. Fiske has been charged .Cih habit
ually taxing more than lawfdt fees /: and the
charge seems to be well founded-at any rate.
it may now be reiterated without fear of con-
tradiction. ! did not believe It, until he and
his friends came forward with an apology. al
leging that, although it had been done, there
was no intentional wrong.
Every elector in this County, save the
household Of Doct Fiske, will agree with me
IN this position, that no man, who knowingly
taxes more fees than the law allows. is a
suitable person to hold the office of Register.
1t the facts before the publick show this, the
Doctoris not entitled to, and ought not to have,
single vote. The confidence with which this
charge was brought forward and has been per-
severed III, hasinduced me, tG many with whom
have conVersed, to examine our Deeds with
view to ascertain its correctness-and what,
think you reader, is the result? If you have
Deeds Of his recording, count Their, for YOUR
self, and they will furnish stronger evidence
to convict the Doctor, and refute his apologies.
than the declarations of any human being.
We have counted very considerable number
In our possession, and have not found one that
is not overcharged from 30 to 80 cents, nearly
one-thrd Oh an average more than the law al
lows.
The whole number of Conveyances annual
ly recorded is said to be little short Of 5000.
Ii, Therefore, Doct. Fiske takes 90 cents too
much on each of these, ne is in the annual
receipt OF between A and 500 dollars, wrong
fully eAtorted from the landholders.
Gan he receive annually this large sum of
money and kil0W nothing of the wrong? Can
he overcharge every Deed, or nearly every
one, and not be acquainted with the fact that
he is abusing the trust reposod in him If he
has been ignorant Of all this it shows a care
tedSneSS and .inattcntlOn to his official duties
which renders him wholly unworthy OF the
place he holds. If he has done it ante,Ronal-
Ly, he has abused publck confidence, and is
NiiNO"Ci'ih5 VI PuUIlCA pdlIOHdSes
View the case, therefore, in whatever point
it presents itself, and it shows conduct unpar-
donabe-conduct which cannot be overlook
ed-conduct which discloses a great fault
which cannot be concealed or wihked out of
sight by the lofty menacing language OF any
oil our modern Hotspurs.
3. Doct. Fiske is charged with having re-
tanned in his hands for the two last years 1879
dollars of the peoples money, which his duty
and his oath required him to account for and
pay to the County Treasurer. A writer in
the papers last week with more passion than
judgment, calls this charge a base calumny,
and attempts to retute it by statement which
seems to Inc unworthy the signature he as
sunes, viz. s'Plain TRUTH
= Plain TRUTH admits that the Duty-Book,
as 1t is called, has entered IN it (and in the
handwriting of DO t. Fiske himself) lll2 In
stru!nents which were received during said
two years, and remain unaccounted for to the
Treasurer, and justiies the failure of Doct.
Flske to account for them on the ground that
they are Sherffs' Instruments, Leases. Dis
charges, and Assignments of Mortgages
which he asserts are not subject to the duty,
and says the Circuit Court OF Common Pleas
so informed Doct Fiske when he entered on
the duties of his Office.
The answer to this is, that the whole num-
Der oi instruments OF the foregoing description
received in said two years. cannot amount to
one hall Of 11l2; for Leases and Assignments
OF Mortgage, especially where the Deed is
already on the Record, are rarely recorded,
aud the number of Executions aud Sherifs'
Deeds Of Rights in Equity sold on Execution
must fall very far short HIP. Discharges OF
Morg ges are generally entered on the margin
OF the Record, and, in that case, never entered
on the Duty-Book. say, therefore, and say
it without fear of contradiction, from Doct.
tiske, (who IS had time and opportunity to
show the fact ii it is otherwise, that he Who'll
ly fails IN his attempt TO justify himself for de-
tanning 5 100 OF the pubhck money; for he did
not receive 70 Instruments which were not
dutiable according to his own construction of
the law.
Does the law, however, exempt such In
struments from the duty: Let the law speak
for ITSELF
Every Register OF Deeds for each Deed or
Instrument made for the conveyance of land,
or any title therein, brought to his Office to be
recorded, shall, before he record the same, de-
| mand and receive OF the person bringing the
same, II cents, sc. This IL cents is the duty
required, and 6 Plain TRUTH would make the
community believe that the Court have cx-
pressed an opinion that the above, class Of In
| struments are not subject TO the duty. What
does not a Deed Of a Right in Equity under
| the hand and seal Of the Sheriff convey "a title
| to Real Estate What does the purchaser
! buy. il not title to Real Estate Does not
| an Execution, when levied, transfer from the
debtor to the creditor title to- Real Estate
| If it does not, how is the debt satisfied A
n. a ~