The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-17
SENATE.

late the fees and costs 10 be allowed clerks marshals
and attorneys OF the circuit and district OF the Uni
Ted States and for other purposes which had been re-
ported from the COMMITTEE on the Judiciary with amend
Inents.
instructed report sundry amendments, which ask
may be considered and will state with regard to these
amendments that, with the exception OF the first one.
hey are designed 10 correct supposed deficiencies
the bill where it believed the compensation allowed
10 the officers was inadequate. The hrst amendment re-
qures a verbal alteration, which being adopted, will
ask that the amendments be considered and adopted.
Mr. GWIN would suggest thai, these amend
menls have been reported by the Committee the Judi
ciary, who fully understand the subject they be adopted
The PRESIDENT The amendments must be read
unless The unanimous OF the Senate is given
suspend the reading OF them.
Mr. GWIN. | hope unanimous consent will be given
Mr. FISH. wart 10 hear them read.
The first amendment OF the committee was then read
as follows:
Provided That in cases in admiralty and maritime u.
rsdicon where the bean shall less than fifty
dollars the docket fec OF his attorney shall DO but ten dol
lars"
The amendment was adopted
The next amendment OF the committee was the follow
ing
Provided That, petition setting forth the facts on
oath, the court may allow such lar oonpeh%saon % or ne
keeping Of personal property attached ana hed on esne
able"
arises from the practice many States of making at
achmens upon personal property upon mesne process,
No provision made in the original bill for compen-
sa,ing the officer for that service, and this amendment
is proposed TO meet that deficiency
The amendment was adopted.
The next amendment OF the committee was mere
verbal one, to insert the words and witnesses !" which
was agreed TO-
The next amendment of the committee was the fol-
lowing:
The marshal OF the district Of South Carolina shall here
after be entitled to receive salary OF two hundred dollars
per annum.
Mr. BRADBURY. South Carolina is the only State
where the marshal has heretofore received salary and
this bill does not cut OF salaries we propose place
South Carolina equal footing with the other States
The amendment was agreed to-
The two remaining amendments OF the committee, be-
ing merely verbal. were agreed to.
Mr. BRADBURY. There is further amendment
which wish to propose. which was not reported by
called it, There clause under the head of '.ceks
fees which reads as follows:
For every search for each mortgage, judgment, or
other lien, fifteen cents"
propose to strike out the words "morgage, udg-
men,. other lien, and insert person against whom
the search is made"
The necessity OF the amendment arises from this fact
the clerks OF courts are required 10 make search for
lens, mortgages nnd NEUTRALITY-SUSPICIOUS. in the courts
Of the United States, creating in the State Of New York
lien. Under the local laws OF The State specific
SO many cens-s gwen Tor each name searched for for
each year. going back ten years but in the United
States courts the clerk goes back 10 the establishment
Of the courts, and thus the fees become enormous Ii
will not answer the necessities OF the leave the
bill as 10. because in nine of ten mortgage
or judgment is found, and therefore the clerk would
get no compensation in such case. Therefore, pro-
pose to strike out the words have Indicated and insert
"person against whom search is made = that IL will
read
For every search for each person against whom the
search is made, fifteen cents"
Mr.. FISH propose TO offer amendment to tha,
section which will think, meet the view OF the sena-
tor from Maine. 1t is 10 strike out the word "each, and
insert any parlicular" so that II will read. "or any
search for any particular mortgage Judgment or other
lpu hfteep And hen al fhp end nf he pa
graph propose to insert as follows
For searching the records OF the for judgments
decrees or other instruments constituting general lien
upon real estate and certifying the result OF such search
fifteen cents Tor each person against whom such search
required TO be made"
There is strong necessity for such limitation OF the
Mr. BRADBURY ! will withdraw my amendment
and accept the one offered BY the senator from New
York.
The amendment was agreed to.
Mr. HAMI.lN. | propose to amend the first section
Of the bill by adding after line i4o the following
And the clerks OF district aud circuit respec
empowered TO administer osihs, take acknowledgements
take and ceuify aibdaviis and dispositions, the
manner CON nissooers. and shalbe entedo the
fees and com pensation therefor"
That amendment was made TO the bill which was be
fore the Senate two years ago, and believe JUST
he'd in saying that il meets with the appreciation of
majority OF the Committee the Judiciary, If not all
them The necessity of il arises from this In h,
smaller Towns where the district and circuit may
sit there is sometimes difficulty in finding persof
qualified 10 administer oath or affidavit. This is Il
supply that deficiency. The amendment does not pro-
pose to have the clerk perform the duties OF commits
sioner, only for the specific purposes herein named
The amendment was adopted
Mr.. BROOKE. propose TO amend the bill by adding
after line all the following
"Pyor,ded, Tnatin the State OF Mississippi the commits
sions for collecting money In final processes shall remain
as now prescribed by law"
Mr.. BRADBURY. see no necessity for that amend
ment
Mr. BROOKE. I offer II for The reason that the pres
ent commission for collecting money is nearly all iht
marshas have TO rely upon Ter their compensation which
barely remuneratiye compensation; for they
duced the lees that sherids have in our State
which very low ! certain that the fees will no
afford compensation that is al all remuneative Thi.
matter which presume does concern any Other
State in the Union know, from conversation with gen
tlemen whom have seen here, who are acquainted
with these things in the State OF MISREPRESENTATION
even com eced with the ofhceihat the bill i, now
stands will reduce the compensation OF the marshal.
AS to render the Office almost worthless hope there.
tore that the senator from Maine Mr. BaApBuRyl will
not make any opposition to my amendment
MI BRADBURY / think the honorable senator
rom mississippi Is not oil the state OF facts IN
nus own State have before me the statistics, and can
sie' MN TO the compensation received by the marshal oil
sl'ssss'pp for different years. show that he certainly
!eeeves remuneraive compensation. The marshal OF
ne southern district Of Mississippi in is42 received So,
40 "a io'o h's compensation was $685. in 1850 was
T'oso ana N lsa3 he charged no less than $21,l7s
~ TO correct some OF the extraordinary abuses which
nave grown up that this bill has been introduced
wow, IN regard 10 compensation for services actually
renoereo VIII state That this bull gives high
anoh as lhe zee pis m nearly all the States and higher
man most OF 'hem but y cuts off abuses that exist
Let me give an instance In The State Of Mississippi a