The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-13
Important DscislOn on The Rights to Search
Ia the Registers Office.
SUPREME COUNTS SPECIAL TERM
N L.

Before Hon Judge Roosevelt
Dec. IL -Iounshend rs the Register This was motion
calling OH the Register Of Deeds in and for the city
county of New York. to show cause why mandamus
should not issue auding him to make search. 1t
appeared by the adnvits that request delivered to
the Re gser in the form following -: require you to
search the records in your Office and certify the title OF
Edward Wigfal appears and from said records
10 the pieces Of land hereafter described and alfo to
scare and certify the membranes said pieces of
land Then follows description Of the property The
Register objected to make the search the grounds
opg others that the request not in the usual form
that to make sroh search would entail great labor
the register and that the request to state the
each party sganst whom the required and
the period during which such search to be made
The judge this morning delivered the following de-
cis;cn
1his is application for mandamus against the Re
ste Of Deeds to compel him to search the records in
bis Office and certify the title there appearing of
Edward T. W'efal 10 certain lots of land fully de-
scribed in Eighty fifth and Eighty eighth streets in the
wit complains that the Register while bidding him
Towpshend from searching for himself unless he paid
fee Of five cents for every year searched refused to COM
ply with written requsticn to do it officially, although
rendered full fees for the service The Register objects
that the requi.iton too geDeral-that it very
nient departure from the uniform practice of Civ
ing the particular and dates in respect Of which
the sesfch to be madethat the records consist OF
more than one thousand volumes and that It would be
Its duties IL they to be called upon to investigate
titles virtually to discharge the functions Of counse
Titles too 1t is commended and truly depend not upon
deeds ard mortgages only but upon will and intestate
descents upon deaths marriages. relationship, alienisms
changes OF description ana other matte none OF which
recorded in the Registers office How, then 1t is
asked he be expected 10 certify the ttle Of real
estate lie may search Tor specified period in respect
Of freci1ed pce of property sgainst specified nai
,iduals for deeds mortgages, from to them-and
that in the voumnous condition OF the records of
this city Ia not unrsquently very tedious and difficult
oreraton general search is nearly or quite impacti-
cable The applicant however, contends that Whatever
may be the difficulty 1t is nevertheless the duty of the
REGISTER to perform the service aud he cites the lam
euage Of the set Of 1910 I'D as fully justiiyiag the
form Of this particuls- requi.iton That act 10 pre-.
scIbng the fees to be there after ao Tci to clerks OF
counties and repi tiers Of cities declares that they shall
ehsrge for searching and certifying the title Of and in
cumbrance upon real estate The Of ten cents for
oh and ncumbrsnce certified provided that
such fees shall In amount to less than fifty CENTS
mere than five dollars The previous law, compared
in the Revised Statutes of 1880 the clerks and regis
five cents for each year for the records in
their ofice saying nothing about certify ing titles And
the change ofanguagc 1t Is commended was designed not
merely TO eject change In the rate Of compensation,
but in the duties witch the officer perform Such
mode Of Interpretation Is consistent with tina rules
sid down for determining the effect CT btatutes Or any
other write documents STILL IL be denied that
the expressions used in the act Of 40 that was
the time ard to continue to be the duty OF the
Register ito search and certify titles and
What then Is tho fair practicable meaning OF those ex
pressionn? Can A. about buying certain lot OF lana
from H. who processes TO be the owner 30 70 the hegs-
efs Office and require him 70 search the title OF 10 Tue
lot ip question giving merely the name OF the alleged
owror and tutebla description OF tha lot to be con-
yeyed The Regiater certainly can take the indexes
which the law requires him TO make ana Keep Ia ms
Office and tosrch back under tie letter ~ Tor grantees
81 fbe LOT IL fe nu6s conveyance TO IL that 40 Tar
az iefptcts ire Registers duty unter the re.
qusitien, enes the fsa.an sna ea''.sa mn nm 20
en,ss "a the ofncc has no title. II he finds on
The contrary 70 D. be then searches IN the
ea,,eyayee to tse tmc II tsarch aud certidss, &C
Wing "a m erftult Whtttrr " SUOsfQpans 10 ~ ac-
o.,ra IN tlte nrr conecyfd Or ipcumbefcd The pc
pAsa usfs gs.a hc would have earned biz additional