The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-03-25
ROW OFFICE EXTORTIONs.
lille gal Fees-Act,on of the Bar-Report of tI,s
Committee of the Law Association.


Committee of the Law Association.
The committee appointed by the Law Association
upon the subject OF the illegal fees charged by pub
lie ofncers in the county OF Philadelphia, and to
consider the most effectual means OF reducing the
charges to those stated in the fee bills, beg leave
That they have had several meetings, at which
the matter submitted to them has been discussed
but that owing TO the various engagements OF the
members OF the committee, they have not been
able to complete the duties OF their appointment,
and respectfully ask that they may be continued
until the next meeting OF the association, when they
will be able to present in full their plans for the
suppression OF the extortions practlsed by the
Officers OF the law upon litigants.
Your committee beg leave, however, now, to sub
NIT some OF the measures which they have agreed
TO recommend, and which, IL adopted and carried
OUT as the committee trust and believe they may
be, viii be- they Think eicaclous IN speedily reduc-
ing the fees from irregular and extoronate charges
to the liked legal fees established by the acts OF
Assembly on the subject, and which your COMMITTEES
believe are more than compensatory and remunera-
Your committee find upon examination that. ex-
cept In one or two of the oces there is increase
in the illegal fees and extorton after each election
as each new incumbent assumes his of1ce and
that however outrageous may have been the illegal
gains of his predecessor, the new oicer is not con
tent until he has either increased upon the existing
charges, or made and created new ones even more
illegal and extortionate; indeed the fee bills are
utterly ignored, and II the various acts OF Assembly
had been repealed they would not more effeotually
have heen banished from mind and memory. This
and Register OF Wills and it is therefore to these
Two omcers tnat your committee viii direct their
attention nrst.
In the case OF jackson vs. Pardue Penn'a r.
622, the Supreme Court ruled that "the Legislature
have shown great anxiety TO restrain officers from
charging or taking Illegal fees:" and that the ocer
is prohibited from taking greater or other fees than
those expressed or limited from charging, demand
ing and taking any fee when the busness for which
the charge Is made has not been actually performed
and from charging or demanding fee for services
unless the services expressly provided for by the
act" The court add, "The object OF the act was to
shield debtors from oppression and particularly to
guard against compensatory fees. The penalty is
given to the party injured and whether the charge
Is made ignOrantly, or Oppressively. and fraudu-
lently, Is lmmateral." In that case the illegal fee
was paid upon an execution, but the court held that
the omcer who issued the execution with his costs
endorsed, was liable.
Your committee beg leave then to present the fol-
lowing measures for your immediate acton:-
i. That solicitor be chosen by the association
at once Tor the purpose OF prosecuting actions TO re
cover ana enforce the penalties prescribed for taking
and charging Illegal feel In all cases which may be
brought TO his notice.
Your committee will say in this connection that
the name OF John j. Ridgway, Esq, has been sub
mtted TO them TO NIL the position OF solicitor, but
they leave action upon this nomination 10 the assO-
2. That the solicitor be directed to notify
| the Sheriff to comply with the eleventh section OF
the act of February rs, 1885, which requires him u
place and keep up in some conspicuous part OF his
once the seventy-nnth section OF the act entitled
Gan act relating to townships and county and town
ship ofces :" and also to request all Officers OF the
| Row and the Recorder OF Deeds, whose fees art
ascertalned limited, and appointed by an act entl
tied 'An act TO establish fee BILL passed Marci
2s 1914 and OF 22d February, 1921, 90 comply
1921 which requires them TO make out publish, anC
keep up fair tables OF their respective fees in s0m
conspicuous part Of their respective ofAces. Ant
70 proceed and recover tue respective penalties