The New York herald., 1875-12-09
INVESTIGATION.
The Senate and Assembly
Committees at Work.
THE CIVIL DISTRICT COURTS.
What the Marshals' Fees Amount
To-"All We Can Get"
POLICE JUSTICES EXAMINED

The Senate Committee Of Investigation met yester.
day at the Fifth Avenue HOTEL Senator Booth presd-
/ ing.
Thomas B Asten, President OF the Board OF Assess-
/ ors, the hrst witness called He said that the
duties Of the Board 10 regulate the assessments
for improving the streets generally; the number OF
assessors cannot well be reduced present If we
had double the number for the two years the in
terests Of the city would be advanced they have TO
visit the property and ascertain what should be the
equitable amount of the assessment they sole
judges in these matters listen all parties interested
and pass upon matters the investigation OF which
| qures much time and labor; the improvements
templated the line Of St. Nicholas avenue win
require outlay Of ST. 600 600 about $500 per
that is very expensive and the Of property
affected naturally deem the assessment exorbtant;
there have already been paid this year So $50 900
assessments and the in the olce yet acted
on IS over s. 600 O0o charging for sewers said the
witness, charge nrst for full frontage much per
foot and, II corner for the side there may be
for the outlet sewer that the property
is not only assessed for the main passing the
house, but for the outlets with which it connected
| Mr.. Davenport-What do you think OF the system OF
assessmentsf is il founded upon any law, or has IL
| grown up in the bureau7
| Mr. Asten-It is founded upon general law Of
partly grown up in the bureau; in Boston, Baltimore
and in London the rule is to assess the burden upon
the entire city, but you suggest this you by
| the objection from property owners that they have
already paid for improvements in their immediate
neighborhood and don't wish TO be sadded with
additional burdens for the benefit OF Others the West
ern Boulevard viii cost 81 OOC, 600 or $500 per lot
John H. Whittemore, Clerk OF the Third District
Civil Court was then recalled and examined further in
relation 70 matters TO which he testified the day pre-
vious. He said Tho trial fees paid before trial,
and returned If trial is had; the trial fee 5. SO
where the amount involved Is under $50, II in excess
So 50 the bond fee attachments IS 81 the jury fee
If aJury be demanded is 81 90 81 so Of which goes
the officer who summons the jury and the balance to
the jurorR
Mr.. Davenport-Do the jurors always get the money!
Mr.. Whittemore-As far as know they always do
In TACT IN my experience, they generally look out for
that themselves.
Mr.. whttemore continued The Judge makes the
panel once year and selects from rs to 100 names;
the foe on appeal 81 and the Judge takes that there
forty cases appealed from Court last year;
have known cases whore the original papers were
summons Is issued where the applicant swears he is
not worth $50; these applications have increased
rapidly within the last six months last year the whole
number OF summons issued ], 800.
William w. Cook, Clerk OF the Fifth District Civil
Court, called-The name OF the Justice Is Joseph
Koch; there two attendants assistant clerk, a
stenographer and janor; the latter has received
pay for the last year; every day is now trial DAY,
though formerly three days set apart for that
purpose; the court IS in session average from
three 70 four hours each day. al! the attaches Of the
court present every day until closes;
erpreter is necessary because eighty per cent of tho
ltgants of the district unacquanted with the Eng
lish language there a lady named Mrs Eppelbach
who does the cleaning; abe Is employed by the Com
missioner OF Public Works; the janiLor could be dis
pensed with the assistant clerk the attendants and
the stenogapher all very necessary: from
ninety one hundred summons a month issued and
amount Of business transacted all fees received
by the Clerk returned TO the Comptroller;
proceedings dispossess warrants conducted
by the marshals with which the Clerk has nothing
do there appeal fee charged and processes
signed in blank the payroll made out directed BY
the Comptroller
James Dunphy, Clerk OF the Second District civil
Court, was the next witness Witness came into Office
two years ago; trial days are Mondays, Wednesdays
and Fridays; court then sits from half past nine
O'Clock A. M TO two O'Clock p VI. all the attaches
present every day; 200 summons have been ISSUED
during the present year there are about one or two
appeals week; the jantor rents the top 1oor from
the Comptroller for SIS month; he has received |
salary trial ices returned If no trial had the
charge for summary proceedings 49, the rnarshais
Calvin, McGrath and Feeny; there sixty-two
the jury panel the fee in appeal goes
the Judge; there have been about 400 Corporation
cases brought this year. last year there we're 4COo
about one-quarer tried and judgment entered and
one. half tried and dismissed.
Patrick Anthony Clerk ofthe Seventh District Court
followed he appointed in 1873; he OF
Office one year by reason Of legal question as TO the
daily, Saturdays excepted; Judge Ackert thinks the
court attendants be dispensed WITH but the Clerk
does agree with him; there should be at least
500 month s liberal allowance for ajantor can tell
the amount Of business on referring 70 the books; /
the fees summary proceedings paid 10 the I
marshals, and from 81 to So whatever they
get some OF the blanks are furnished by the city and
some by the mnrshaIs themselves in Judge stemmer's
time he took charge or the whole thing himself
James Boylan, marshal Of the Sixth district
then sworn. He was appointed marshal and assigned
TO that Court BY the Mayor as was also John Larkn
and A. NJ Earle; the fees allowed marshas by law
i've per cent executions under 500 and two and
a half per cent for excess; the on .dispossess
warrants are from 81 Up-whaiever we can get; /
don't know that there Is any law for H. but II has
always been a custom; The statute allows us al or
serving summons. 81 Tor levy fee and 81 for in.
ventory then l charge 81 for notice; donI know
that there is any statute authorizing that; there is
f1tu ~
there understanding between the marshals fixing
the fees every marshal nxes his fees and gets all
be dspossess warrants from 81 TO a. apiece,
and where there under. tenants / could not
tell the number have had my clerk attends 10 that
ana ior compensation gets halt OF All the money re-
ceyed my income for the past year was about /
s., 900
Mr.. Davenport-whcre do you find your law for
Boylan tboldly)-I got II in 'Iangben's Practice " !
Boyian continucd:-ln dispossess cases, | give the
Judge 81 for the summons and 81 for the warrant;
the Judge gets one-han and Bernard and get the
other half; have Bernard acting for tho clerk;
] believe he had authority to do 80 from William q |
o'Brien, the former clerk, who s dead
place He said he never studied the law but he knew
what the fees were his clerk Mr. Nueent, told him I
all about III he gets about 81 500 and nnds hard 10
get along said the witness, "Nugent and keep no {
make"
Mr. Davenport-Do you think Mr.. Nugent gets more
than you do S''
Wiiness--No guess it is about even.
Matthew Nugent,n called out Mr Davenport and
forthwith peculiar looking specimen ol humanity, /
with red hair and beard unkempt and hating gait
hobbled up 70 the witness stand he took the oath
With great gravity, and then proceeded 70 inform the
committee OF has connection with the courts Every
thing in connection with which he said he had al his
fingers ends" IL formerly marshal myselfn 4
said Mr.. Nugent "and held Office from 1868 till two I
years ago. reappointed because Mayor Have
meyer thought was much OF Democrat before ! I
marshal constable when LArNn ap.
pointed his friends 70 me aud asked TO be hts
clerk; when l was marshal ! made from 81 10 /
81 500 year, ! make from 81 900 to 81 800; the
81 lNpn by At va
per poundGge execution; In old times there 7
used 70 be levy Zee of 81 co. but now only get 81;
there 81 inventory fee and hfty cents Tor notice
don keep any record Of dispossess Mr. Larkin
and settle IL between ourselves; he out aud /
stay In, because ] know all the customers; whatever
Mr. Larkn has done in the way OF charging he has /
done under my guidance"
Mr. Davenport-Did you know OF any meeting, I