Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1846-04-16

The lowest rate of charge exhibited in the above
table exceeds the Statute price for copying more,
than 200, and the highest more than 600 per cent.
This table we believe viii furnish fair common
tary upon the uncertainty Of legal discretion when
committed to a large number Of different boards,
from whose allowance there is appeal or revision,
This is however not solitary or perhaps the stron-
gest case, Of discrepan practices resulting, neces-
sarily, from the unfortunate condition Of our laws
on this subject
Since the revision in 1889, Clerks have charged
and have been allowed from so cents to 50 90 and
over for rendering judgments, in addition to IS
cents allowed by the Statute, for entering judg-
ment in the Supreme Court and 40 cents, on trial
in the County Court Before the revision the
Statute settling the fees for entering judgments,
had these words OF explanation, viz Including
recording the same, but in the Statute OF 1889
these words are omitted and the practice has be-
come general TO charge for the record.
Charges from 81 90 toS3,50 are made for max.
ing debenture Of the Grand Jury and the same for
Petit Jurors and Of 500 to 1925 for settling with
panel of Jurors. The services, for which these
fees are charged, originated under a law Of 1907,
and the fees prescribed by that act, as compensa-
ton for the service, 81 90 only. The duty of
the Clerk was to make the debenture, keep the ac-
count Of the Jury fees and settle with the Jurors
This was required by the Statute and the legal fee
was 81 90 now by innovation or construction,
usage, in cases over $500, is paid for this
service. Nor is this all. Since the act Of 1912,
the Clerks paid for this service in another way,
or this service is included among others, for which
another compensation is allowed, and still their
charges continue to be made, and in some Counties
including Court debenure amount to about S25 90,
above and beyond the provisions of the law.
In about one third Of the Counties it has been
customary 10 enter the returns Of inquests Of the
dead, on the dockets of the Courts, a considera-
bic expense to the State. This useless expense
has fallen little short of $4,000 year in some
Counties. No possible reason can be given for
such practice, other than means of adding to
the fees Of certain officers aud this has been
frankly assigned as the origin OF the practice
Other practices have prevailed, OF a character
similar TO those above described all involving loss
to the Treasury of probably over 100000 per
year, all Of which would have been saved, by limit
ing allowances 10 the proportion to fees establish
ed by law" 'Capias, to apprehend criminals or
persons charged with offences against the laws
have been generally charged at Sl,00, though
sometimes at $500 but if allowed at a rate
proportional to fees established by law, the charge
would probably be cents, but certainly not over
"a cents ;--Veniries for Jurors and State prison
warrants charged at similar rates, and sub
leci to similar remarks.
The act of 1912 provided what was hoped
would prove remedy for these wastes Of the public
funds, by reducing all to legal standard. This
provision was for the promu CATION of rules applica
bic to every variant practice In February lS44
the auditor applied to the Judges of the Supreme
Court to establish rules Of practice, TO be observed
in all the Courts of law in the State, which should
secure the desired uniformity Time and Other
crcumstances.no not favoring the application, it wa:
deferred till July following, when statement o.
the practices calling for the interpostion of Court
with draft of such rules as the case seemed tC
require, and reasons for their adoption was present
ed to the Court but nothing accomplished
Members Of the Court urged, that it was peculiarl,
the duty Of the Legislature to intepose in this mat
ter In October 1874, the Legislature passed
law making it the daty of the auditor, TO sett
the Clerks accounts, and $50 far as he finds
practicable and Just, allow TO each Clerk the sam
sums for like services" The law thus imposed
duty upon that officer, which by his oath of Office
he was compelled. not to disregard Besides al
this, sense of justice required him to mee on
the same measure Of compensation to all for III
like services This act made it the indispensable
duty OF the Auditor iorpublish to the Clerks, til
rules BY which he should be governed in setlin
their accounts; and added to this, the I'd section
the act of 1912 had made il his duty with tn
concurrence Of the Treasurer Of the State 10 ado[
andpTomulgate to the several County Clerks" rule
TO secure a uniform practice throughout the sever
Counties in the State. In obedance 10 the r,
quirements of these Statutes, system Of rules W.
promulgated having for its object to correct SUI
posed abuses, to save the public funds, to restor
variant practices to uniformity. and at the sam
time to allow for all services, not specifically prt
Nided for in the fee bill, rate proportional to III
fees established by law" The necessity of a supe
vision ofpublic accounts, and of positive law, c
legally authorized rules of practice, which sha
bring every charge aud allowance to the standar
of law, ii is hoped will be more fully shown in OF
next number.
DAVID PIERCE.