The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-13

No. ana ms duty under the roQun1on wouaa hnvo ter
iss & mud sRs ss y. .:as = a :. q =
fsem tine Hrs psyins the fsss uat h hos Ssssvsd
could supply Has the act Of Dsosnbsr a. ls17 changed
this view Of the subsot? That cot (ssc lel pssvidss
and certify the correctness d sush sessaSss
when required TO do 20 and ON the payment s6sr
sio declares that any refusal or neglect to um this
duty fha be deemed misdsmesnor. This languaas 10
seems to 20 far As Il seslss to the nstsr. z Se duty
s. Be Deemed us not !: a.s.
ing the reccrds?" Precisely 1t to me- what has
already been txpained-thst is sscertainpg a. in the
Whether he has conveyed or encountered his title since
Had the Register made such search and reduced it to-
to Its ocsrec.nsts he would have dis;
to the title Of Wgfa and the membranes thereon II
hs applies Mt then wished to further and trace tbs
to present an additional requsition duty, the non
performance OF which is made misdemesnor is to b.
rian comprshensveness The Interpretation above given
while fatisyiDg 1t appears to me- the words Of the
law whether take the Revised Statutes the set OF 40
or the act of 4 ao to BE- consonant with reason
and Feonvenience If the applicant wishes to avoid
for himfe and with the information thus Obtained in
connection with other fscts not there appearing oar
frame requisition sufficiently specific to embrace
AID this brings up the qaestion-can tbs Register
l.
think he cannot The law is positive q 65O) that
fee shall be demanded any service unless actually
bill Of 1880 q Il S. eas 50 heads the section with the
words Fees Of Clerks &c and Register OF Deeds for
any Of the services hereinafter specded
too OF lS4o l3 changing the rates instead OF the fees
then allowed, gave t. cents for each conveyance and
incnnbrance certified by him" And that was to be,
and is the compensation for searching and certify
ing the itlemeaniDg of course for servi,s rendered
by the Register In 1S47 the Legislature changed the
office into with fixed salary, to be paid ont OF the
city treasury at the same time making 1t the Registers
70 pay INTO ma % a sne lees
titled 10 take for all Official whatoeve render
I'd by him. IL then the Register may new charge for
it will follow that be may charge fees without account
ing the plea that they for liberty granted anc
ing the whole policy Of the act, which, in its
guage was provide fixed salary in lieu Of al fees Seq
may perform such Register by virtue Of his ofce
The Register says 1t is the practice of the offs to allow
nary to a rsqustion, without charge The applicant
however is not bound (even il aowabe TO accept the
permission favor Nor has the Register since 1847
any such dispensing power II the office be entitled to-
fees where the citizen makes the search the Register
must exact them for the beuefs ofthe city Gentemer
of the bar in that respect stand the footing
any ober gentlemen ard persons making search. as
preliminary to Iequisition on the same footing per-
sons searching with final or any other view Eith.
by another he is not II he is he cannst valve the;-
il he is not exemption is no privilege The Register puts
Revised Statutes which made it his duty to attach
indexes to the records. and which at the same time
declared that such indexes together with such books
should at sill proper times be for the inspection or
any person paying therefor the fees allowed By law
2 r. S ESQ There is seeuiDg inconsistency be-
tween this provision and others already cited The
fees allowed by lswlsas already shown, not for
permission to inspect by the applicant but for the
service to be rendered by the officer in himself search
ing the records These certainly are not Synonymous
ideas applicant makes the search the service
the law expresses 1t IL performed by him and not by the
Register The Revised Statutes then step in. already
shown and declare that fee compensation by law
shall be demanded received by any officer person
for any service unless such service actually rendered
by him The Law consequer lily allows no fee where the
applicant does the service for himself and the right
intpect nkher words to search the records, paying
therefor - ices allowed by law is right to inspect
search paying fees at all Were there doubt,
however this point under the Revised Statues they
stood in 1880 the subsequent acts already referred to-
passed in 1910 and 1S47 must be considered entirely
removing it Ny conclusion is that the requdton In
the prese mt sufficiently pecifc thata limited
snswer. covering the record title Of Wgfa only, would
be legal compliance with it. and be readily made,
and that If the applicant wishes the title Of Wigalls
grantors he either direct further search make
an examination himself. which he may do a right.
without charge amend his present requisition tc
render 1t special and comprehensive enough to all
points Of inquiry within the of the Rsgers Office