The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-06

and marshais' sales-in ali $4,000 Volumes, which
were stored at NO. 80 Liberty street. at an expense
OF $500 per annum. exclusive or the insurance and
keepers rees where. with the exception OF the few
volumes SOLD. they have since remained, with little
them are bound whether because the CLERK,
Register and Surrogate were er oufcfo Com
REFRESHING the distribution Of these insices
or because the price put upon them has been too
nlgn certain it Is that nearly all OF them remain
accessible to the public or profession, except at o
cost OF 500 per SET for the lis pendens, S. per vol
une Tor the lndex OF sheriffs' and marshals' sales
81 per volume for the set OF hfty-two volumes OF
nuices or convcyances while the indices Of judg-
ments having now become Of little or no value.
ne he induces Of sSnvoyances win some DAY
when we shall have such an improves system V q
recording and lndexing as TO render them value
less When 1t Is further considered that there IS
custodian OF these books whose bill viii some day
have TO he audited, and that the expense OF their
House has been estimated at $1,000, and. still
further, that the Comptroller has declined to pay
any more bills contracted for these books, your
Ing that an act of the Legislature be at once passed
providing for the sale OF large portion OF them In
single sets to the highest bidder.
SURROGATE'S OFFICE.
Great complaints nave been made in years past
and with reason OF the excessive fees ana charges
levied on all estates administered IN the Surrogate's
office; and. while 1t is fair 10 say great improve
under its present administration, there IS still
for reform.
During the present year, since the appointment
that Office to S366,756, the appralsement con.
slsting of TWO written pages, and the bill
proctor In the case from the SurrOgates ONCE,
Tor such apprasement, amounted to s74s lO-belng
property-and S14 60 Tor other fees. Upon a note
being sent to the Surrogates office requesting the
hat I p See
mistake. and another bill was returned for the same
service OF $3ss So or onetenth OF one per cent &C
companied by letter stating that the bill was made
out according to the custom OF the office for the
past fifteen years, and that in addition the APP:
the '''t appraisem s letter was ais Sgy
received from the surrogate's chief clerk an
nounclng that "as there appears to be dssatisfac-
tion with The rate OF tenth OF per cent; which
he (tne SurrOgare) understands is charged by ap-
praisers under the statute tas reasonable compen-
SALON. ne has made an order that hereafter no ap-
praser shall, in cases OF estates over twenty thou
sand dollars charge more than one.twenteth OF one
per cent OF the appraised value"
When 1t is considered that the appraisers arc ap.
pointed by the Surrogate. and entitled only 70 a
allowed by the Surrogate" q r. s., S2, 1t can
not but De supposed that he has been cognzant
praisers in his office ana approved Of them.
Fifty dollars would be liberal cOmpensa-
Their duties being without personal liability there
IL no theory upon which they should receive per-
Ur e ey Ps o 81 an e rse
the country 1t Is customary for the Sur.
rogate 10 appoint one. appraiser, OF his own
motion, and another nominated by the representa-
tives OF the deceased, and rhe two are usually paid
few dollars for their services. This. your COM
York surrogatcs Court until after the administra-
tion OF the late Surrogate Bradford, and there
good reason why 1t should not be continued. The
Surrogate's Court Is constituted for the care OF
sacred trusts, and widows and orphans frequently
estates, without the intervention OF an attorney,
and this office should, OF all others, be without re-
prOach.
TAX AND ASSESSMENT OFFICES
In the tax and assessment offices the books are
SO Kept that none but experts or those familiar
assessments aud sales and the charges for the
are excessive, there being monopoly OF the bust.
quite large from this source. with the
gentlemen who nave built up this business,
through o many years. service and attention. there
private business. for which they are enttled to
charge what the public are willing TO pay them.
But all searches IN these Offices should he made
without charge by salarled clerk especially ap-
polluted for the purpose so that any one can at
once, without expense to himself, be informed
whether his property Is subject to any taxes as.
sessmeuts. the present usual charge Tor searches
for taxes, assessments ana sales on each lot Of
land Is from 81 TO SIC.
MARINE AND DISTRICT COURTS.
The char2es In the Marine and city District
Courts especially IN the latter are Illegal and ex-
cessive. and bear heavily upon the poorer classes.
trial fee Is always demanded In advance by these
Courts, but rarely repaid although no trial takes
place. several dollars are usually charged on issu-
ing process on summary proceedings, contrary to
and should be repealed. There IS no reason why an
exception III the manner OF the service OF o sum.
nous should be made as to these Courts.
THE LAW ON THE SUBJECT
ndae pner on orher ae car vs sas NO
other person TO whom any fees or compensation
snail be allowed by law for any service shall take
receive any other or greater lee or reward for
service but sucn as Is or shall be allowed by the
laws OF this State" e r. s.. $50, sec. 81 BY the
seventh section OF the same title violation OF this
provision Is declared q misdemeanor and by the
eighth section IL Is made the duty Of every Court at
which Grand JurY shall be summoned TO charge
such Jury specially inquire into any violations Of
law bv pubic officers in that Denaf.
Your committee, soon after their appointment
caused to be cOated certain OF the statutes regu-
lating the fees and charges OF the officials
and submit the same with tins report
RECOMMENDATIONS.
Your committee, alter much elaboration, recon-
mend the following measures as, IN their opinion,
pest adapted TO protect lawyers and the puolic from
the abuses complained off,
Frst-The preparation and I'D option bv the Legis-
lature at once OF new fee bill for all the offices
above named, making 1t uniform for the State and
the repeal at the same time OF all existing statutes
relating to The fees and perqusites Of those orces
win suitable provisions for enforcing conformity TO
Second-All said offices to be saaried, and, so far
as practicable, fees aboshed but when fees are re-
warrant, and IN the more important offices be paid
to person specially designated to receive them, give
receipts therefor and pay them over into the publ c
treasury. In this manner 1t will be soon found
what oiices are sef.supporting and what reduction
Thyd-FOr the purpose OF facilitating the trans
Ter OF titles to real estate and lessening the expenses
thereof the following changes are TO be made IL.
The number and duration Of liens real estate to
be materially reduced 2. All such lens ana also
wills and DEGREES affecting real properly, to be re-
corded IN the same office in each county where
deeds are now recorded; and no judgment hereafter
recovered, or other lien hereafter created, TO be
operative as such until the same or transcript
notice thereof be a led IN the recording offce.
Fouth-The new fee bill. wnen enacted, to be
printed In convenient form by this association,
which SnOulu DIelQe itself DrOaeut6 all tntrac-
tons OF Its PROVISIONS
Ali which Is respectfully submitted.
DWIGHT Ii. OLMSTEAD, uo,o-.v
SAML. J. classy, naosy
BERNARD kOELKER, (romi,eo
GEO. W. PARSONS, 0omin"'oe'
NEW YORK, March l, 1872.
Mr.. OLMsrEAD read portion of letter from Mr..
Edgar Ketchum, stating that he had 1t authority
that a late Register had received one year $4,000
for MS services.
Mr. VAN SANrvooRD one OF the Committee on Ex-
lortlons, read minority report 1t being his own,
in which he differed from some OF the views
expressed In the report as read by Mr..