The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-11
The Aldermen In Contcmpt-Referee's Req
OF PlaintiFs' Expenses.

OF PlaintiHs' Expenses.
SUPERIOR CoURT-sPECIAL TERM.
Before Hon. Judge Duer.
MARCH l0.-Ihe People er rel. Davis and Palmer
vs. Oscar w. StWteraM.-Mr. Henry Hilton read
the report Of the referee VIM. Kent, Esq, Of which
the following is the substance =
The undersigned, referee appointed by an order
OF this Court, in the above entitled cause, entered
the 9Th March inst, 70 report what the costs and
expenses Of the REALTORS Davis and Palmer in this
reasonable counsel fees in this matter, respectfully
reports
That the att0rnes and counsel Of the REALTORS have
appeared before him and the counsel OF the defend
ants and that he has taken testimony in relation to
the matters referred, and heard the arguments Of
counsel thereon.
That, in making this report, he has taken into con-
sideration the tendency OF twentysx other cases. in
which motions for attachments have been made, and
subsequent In this case the Of
law being essentially the same in ALL and the argu
ments on which those questions were decided having
been made in this case The referee has therefore
proceeded the principle OF asceraining the aggre
gate amount Of costs and expenses and counsel fees
in all the cases, and Of assigning 70 each case an
equal and proportionate share Of this aggregate
amount
The referee finds that the REALTORS have incurred
the following expenses, which should be reimbursed
Sheriff fees in twenty .seven eases ..... SIS 90
Printing various documents Of the legal proceed
lh
Costs Of plainti6s legaly taxable in the twenty.
seven cases amount to $40, being $40 on each
ininqnirng as to the amount Of reasonable counsel
fees to be reported to the Court, in pursuance to
the order, the referee has experienced difficulty in
passing upon services to which no precise standard
Of value can be applied, and which can be only i'm
perfectly exhibited to him by testimony. The sum
which is reported below is much less than was
claimed on behalf Of the REALTORS for their COUNSEL
and less, it testified than the REALTORS pre-
pared to pay. The number of counsel employed by
the REALTORS was proved before him, and it was con-
not been equally borne by the gentlemen who acted
counsel The referee does not feel himself called
upon by the order to enter further on this subject
nor to make any distinction in the fees of the counsel
He reports as, in his opinion, reasonable counsel
fees in the twentyseven cases, the aggregate sum of
81 00O-the expense of the reference in the twenty
seven cases $50.
He further reports that the sum OF SO cents is an
additional sherih's fee against the defendant O. w.
Sturtevant.
The items above mentioned of COSTS expenses,
and counsel fees, compute together the sum of
1910 78, which, divided equally among the twenty
seven cases. makes the sum Of SOL so applicable to
each case.
To the last mentioned sum must be added in the
present case the sheriffs fee Of SO CENTS
The referee therefore reports, the costs OF ex-
penses in this matter including the expenses Of this
reference and reasonable counsel fees, the sum OF
$lo2 20. All Of which is respectfully submitted.
WILLlAA hENT, heIeroo.
New York, March 9Th, 1858.
Mr.. Field, on behalf of the defendant, objected to
the report. He did not wish to discuss it, but de-
sired to have the digestion entered.
ExChief Justice Jones-Especially as to the allow
ance of c0unses' fees.
Mr. Hilton then proceeded to read the testimony
taken before the referee. By his (Mr H's) own evil
dence it appeared that the fees claimed by him for
Counsel's fees were-for Mr. Bronson, $4,000; Mr..
Van Buren,, 81 500; Mr. Gerard, $3.50; Mr.. Wood,
$3.50; and Mr.. Whiting, $500. Mr.. Hilton stated
that since the commencement of these proceedings
nearly the whole Of his own time and that Of his
clerks had been occupied by this matter, and that
he has had several consultations with the counsel,
and that the attention of Mr. Bronson and Mr.. Van
Buren, has been almost exclusively given to this CASE
in which they have made several arguments before
the court.
Judge Benson wished to be understood as object
ing to the report, inasmuch that the referee had
not allowed the taxable costs.
Mr. Hilton offered an affidavit to show the expenses
sustained by the REALTORS, in consequence of the de-
PENDANTS disobeyag the injunction, but the Court
fused to hear it.
The Judge then said that the Court would on
Saturday morning, at eleven o'clock give their final
decision on the question ofcontempt