New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-03
PRICE FOUR CENTS.
THE JURY-FEE SWINDLE.
LAWYERS AND HONEST COURT CLERKS UNITE ~
DENoUNISG THE FRAUD-rDE REPEAL or
THE LAW ASKED.

|
| DENoUNISG THE FRAUD-THE REPEAL or
| THE LAW ASKED.
| The attention OF the Legislature il again
! urgently called 10 the bill repeating the act Of 1870,
requiring deposit OF az advance jury fses" when
O is placed the calendars Of the Tho
law was smugged through, two years ago, enable
rammany 10 take Of It's court clerks at the expense
Of lawyers and their clients and the impotion should
be removed at The following Communications in
regard TO this swindle received the Office
! HOW THE WRONG DONE
| To the Editor Of The Tribune.
SIR The article In your paper Of the 2sth ult headed
The Juryfee Swndle." has brought 10 public notice
OF the worst impositions on this much abused
munty. The only wonder is that this matter has not
until been unearthed. venture 20 saythere
practictng lawyer in the city who has complained
nc being forced 20 pay these advance jury
| fees" wen knowing that In many q
| Jury would receive them, and that
somebody living this additional obstacle to jus
tce. II any lawyer has obtained q return OF fees
paid by him, have yet 10 learn that fact; and II he
should apply for such return he would meet with 80
many obstacles that 1t wouldn't pay him % take tbs
trouble. The bill now before the Judiciary Committee
should become law by all means. and all lawyers and
clients should press the matter by In their
Allow me to explain the practical workings os
this Tammany Ring law as It now stands.
suit is brought 70 ordinary debt The de-
PENDANT for the purpose OF delay puts ia an an
swer This renders necessary for the plaintiff 10 put
the the calendar" and 10 DO this he must pay
$40 advance jury fee and - for a 0ote Of issue
Perhaps before the reached for 1al. winch may
be two three years the s settled the dcena-
ant becomes insOvent other contingency hap
pens whereby this fee don't 10 the plaintiff does
90 10 some person or persons unknown This Is small
matter IN one but when we look at the
calendars this county IL s large In the gre
gate and change in the law s much needed reform.
Your article justly remarks that this law bears most
severely on those whose causes are In the Marine Court
Many Of the in this Court are for small claims, and
the law or practice is that If party desires jury hs
must demand t at the time Of Joining issue chat when
cIe and answ er are ned) and must pay this
Now yog can easily ace that this almost amounts to
ants In this Court unable TO pay this sum in addition
VIM sbonid es ss 70 bring on the acton
until be gets lit venture to say that ali Of the egis-
laton OF any enlightened you cannot fnd such am
outrageous law as this Let the Jury paid as IL has
been heretoore-when the parties brought before H.
one more thing: The proposed law requires the pay.
meht 70 eicn Juror OF 90 cents or 50 Tor full jury.
each case Ihis ls sufficiently large sum- in this
highprced city The theory OF paying jury Is not thar
the Jurors shall make good thing it, ana thereby
make desirable business for certain persons 10 20
INTO put that luryman shall be paid his expenses
t to sit Judgment on has neighbors and they
| VIII De called upon 70 perform the same duty. Hsa
duty we are required to perform citizens and not for
zee or re@ard-hence the present law. Giving jury
in this city s2 In each case al outrage, and calculated
to discourage honest claimants from seeking 10 enforce
their demands against those who will not pay.
| ACoURT CLERK DEsoUSCEs THE FRAUD.
To the Editor OF The Tribune.
| SIR I noticed article in the columns Of IHa
TRIBUNE under the heading Of The Jurycs sHindlo"
which is calculated TO do great injustice b the Clerks o
the Supreme, Common Pleas. and Superior Courts,
by conveying the idea that they and each of them
making large sums OF money under the Law relative
to jury fees; that they had hand in procuring the
passage OF the act and annoyed by the proposed
action to be taken to effect ts repeal Permit me TO say
that when entered upon the duties Of Clerk of the SUI
peror in January last found the present. jury
fees system OF the most dsagreeable features
nected with the duties of the office anu at ali profit
able as the Clerk is compelled 10 keep account with
! at least 1000 actions, the amount OF which IN eacn
case only s.. and pay all jurors and return tue
fees the parties entitled them whenever suits
their convenience to make the demand the actions
are NOT tried by Jury on consultation with Mr. JARVIS
Clerk OF the Court or Common Pleas and with hr LOeY,
the County Clerk, ascertained that their views COIN
cided with mine They each stated that the law
passed without their knowledge and that mas been
constant source of annoyance alike members " the
bar and themselves. The assertion that there II nnne
cessary delay in making reply to the resolution offered
Tho requirements OF the resolution vii! be cheeruliv
| their labor Is the repeal of The law.
. Let me add that the statement OF amounts in tho
hands of the respective clerks is greatly exaggerated,
and the number OF causes alleged 70 be on the caends
likewise inaccurate. AS 10 the law proposed III ths
article in question: am OF opinion that 10 VIII meet the
approval OF the members OF the Bar and IT. passage VAL
crafty the undersigned and Ills associate eierAs yours
| THOMAS BOISE Clerk Of Superior CoGrt
| Clerks Office Superior Court March y, 1874
Tits only natural TO find Mr.. Boese, active Refomer
at the last election repudiating for himself and hs sub
ordinates any hand IN INJECTING the Juryee swindls
on the people, and glad 10 record him anxious
for the repeal Of the law which authorizes papable
fraud We wish we could be assured well the read.
mess other officials to give up this uDrighteous part
of their perquistes, but by convinced
OF their desire the law repealed Mr. Boese APP
pears be. OF the general correctness OF the article
as furnished by reporter from information obtained
from the Court records, and. which Mr. Boese calls In
question, well satisfied after full examination
| OF the facts.-Ed.l
A REFORM MEASURE-Is 1T FORGOTTEN
| To chs Editor or The Tribune.
| SIR Your article on Advance Jury Fees"
| is every word true, and exposes most atrocious
swindle and reminder Of Tammany Ring influence. which
had it, qualifications In every branch ofthe City
ment, as well in the courts have been bled IKE
other men who have had seek justice at law and
through your columns would ask, What has become Ot
the bill introduced by great Reform Senator-who
claims 10 represent the Reform element-to take away
OF profit to said Ring by making the Judges
many law giving such appointments 10 the Controller
This measure would give the judges chance to make
good appointments and make them responsible. LIT
hear from this Reform measure through paper and
why IL is delayed n.
yer-T0rk March %. 1871
THE MILLER INSURANCE INVESTIGATION