The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-06
THE BAR ASSOCIATION.
Important Proceedings-Report from the
Committee on Extortions.
Excessive 0yerchargeS in the Sheriffs, Regis
tef's and County Clerks Offices.
Proposed Abolition of the Ma
riMe Court.

Ameeting of the Bar Association OF this city was
held last evening at their rooms, in Twenty seventh
street, for the purpose OF considering variety OF
matters In reference to proposed legal reform, and
also o bill which has been drafted with view to
tne abolition OF the Marine Court and the establish
ment IN It's place of the Municipal Court OF the city
of New York.
Mr. S. p. Nasn, IN the absence Of the Vice Prcsi
dent, was called upon TO preside.
TneIeading Of the minutes was dispensed with.
There was no report from the Executive Com
uittee
REPORT FROM THE COMMITTEE ON ExToRTIoNs.
Mr.. d. II. Nlmstead said there was q report from
the Committee on Extortions, which he would like
toread. The report. which Is written by Mr.. Ohm
stead, Is IN the following language
TO THE BAR ASSOCIATION or THE CITY OF NEW
me undersigned, to whom 1t was referred py this
association 10 inquire INTO existing practices OF
city, and to consider and report whether any, and.
II any, what measures can be taken to prevent the
Your committee have met from time to time and
made secn Investigations as were possible respect
ing me matters referred 10 them. connnng their in.
qulries to the following Offices, supposed TO 0e par
ucularly contemplated oy the resolutions OF refer
ence to wit:-the Sherns. County Clerks, Regis.
tsrs surrogates oiiices and the ofnces OF the
Clerks OF the various Courts.
GENERAL FIN DINGs.
Your committee ind and state that fees and
charges not authorized by law or IN excess OF those
allowed by law are, and for many years past have
above named, especially in those OF the sherIff.
County Clerk anu Register: that the TACT OF such
slant and almost daily experience Of all the mem.
bers OF the legal profession, and that no report OF
your committee could add to the general knowledge
or this association on that subject.
These excessive charges partake more or less OF
the character OF extertons, and IN some cases can
be defined by no other term.
CAUSES OF THE ABUSES.
Your committee lind this condition or things to
enumerated the Hu@oeriess small charges allowed
by law lor the services OF the officials ANA their
clerks and deputies and the great variety OF
u provisions for fees ana perquises In general and
special laws some Of which would seem to nave
sole object OF increasing ofiiclal emoiu-
ments. without q corresponding public benefit;
want OF adaptation OF others to the present
practice; the frequent sanction OF excessive
charges by the Courts, and the censurable neglect
Ut members OF the legal profession IN submitting to
unauthOrlzc charges without objection, the pOlit-
Sa ny In s ~ c Mcn nas .e
possibility OF electng by popular suffrage and ior
partisan purposes improper persons TO tnese offices,
which should be nlled only oy those qualified by
their educatlon fitness and integrity to mold them.
SPECIFICATIONS.
or course 1t Is impossible, were 1t desirable,
Tor your committee TO report all the cases OF illegal
charges which nave come to tneIr notice, but they
propose to direct your as,enIion to few instances
In the SheriR-s Office during the year 1871 1888
new causes were put uDoa the calendars Of the
this CITY ior trial. returning revenue the Sheriff
Of 81, 169 per month when Circuits were held Tor
summOnlng jurors in those causes alone, without
reference 10 his pay tor summoning jurors IN the
Marine Court. for which he regularly draws pay
from the CITY, or to ms revenue from the large
calendar OF causes remaining in those Courts
from the preceding years. And lnasmucn as 1t IS
Two or three before causes In the higher Courts
are reached in their turn Tor trial in tins city can
readily be understood how large Is the income OF
It is CLAIMED by him to be legal charge, out upon
the race Of the statute as We'll as The circumstances
Of the case, the law plainly never was intended to
he applicable 10 the present condition or the
calendars me excessive fees ana perqulsltes re.
cevea BY snerins upon attachments and replevins
Tor pOundage keepers fees. charges for auctloneers
and advertising oppressive exactions from those
arrested for debt-all these and many other unwar-
rantable and excessive charges ana extortions on
the part OF sherliis deputies are well authenca
rhe yearly aggregate amount OF the Illegal rransac
lions IN his oiilce can never be accurately known,
COUNTY CLERKS OFFICE.
Numerous liens on real estate, comprising judg-
ments forfeited rec0gnizances, notices VI It's pen.
denS certificates or sneriils' and marsnals' sales,
insOlvent assignments notices Of foreclosure by ad-
vertlsemenJ general assignments, orders appointing
receivers mechanics ana unsafe building liens are
fled In the County Clerks Oice, searches for which
great gain OF the clerk ana to The great cost OF
party requiring them. or late II has Decn rule IN
this ONCE TO furnish search to any one desiring It,
out OF It's oruer on the payment or nifty per cent in
addition to the legal lees. which would not be OBJ
lecuonable as a mere business arrangement did 1t
not relard other searches from being maze IN
their regular order; The TACT now being that 1t Is
impossible 10 procure the return OF search before
the time fixed as the utmost limit OF Its return DY
law item days. without the payment OF the extra
fee. The law requiring q return within specified
time Is intended wholly Tor the benefit OF the pubic
and not Of the Clerk but the Clerk construes 1t In
his own favor BY compelling those VINO are under
the necessity OF competing their contracts for the
mortgage or purchase OF real estate within certain
time either to pay the extra fee or be in default
their contracts, trans their titles without the
search being made. THESE fees for searches afford
a very large revenue TO the Clerk, and he would be
well paid Tor making them at the legal rates.
Yhe County CLERKS charges for copying, certifying
and ding papers, including copies OF opinions aud
returns TO the Court Of Appeals and certificates OF
suSTogate'5 DEGREES, are most invariably in ex.
cess Oh the legal rates.
REGISTERS OFFICE.
IN enc registers once the lees usually collected
are Megal ana excessive. In 1871 there were re-
c0rued IN mat ONCE, Dy actual count l3549 deeds
and lo,lS MORTGAGES including assignments OF
mortgages ana about 7,924 satisactions OF mort
cages and 800 powers oi attorney, being less num-
Der htAn III some previous years. Inc legal fee for
recording an ordinary deed Is about III 90; the
cnaTge Is 81 o. Inc iega zee LOT recording mort.