, 1875-02-28

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we're entitled to 8 torn fee OF 80 ecnts
for each and every term case re.
manned nndlsposed OF On the docket Ol
course. the longer suit ran the heavier vas ths
bill OF costs. Under this law which went into
fo5ce July l, 1872. hoWerer this graduated sys-
tenn OF fees was abolished, and plaintiff, On be-
ginning euit WAS required to pay 90 IN full foI
all his costs, the defendant, on filing his plea.
| costs that might be incurred By him.
AT THE TIME OF THE GREAT FIRE
in October, 1871, With other property were de-
stroyed both the records Of all cases and tho Pc
pera III the cases. Immediately after the fra
the following order vas entered in the Superior
| Court:
It is ordered that the Clerk Of this Cot proceed 1t
once to tho docket Ct this court far tho
sAme can be done from thu Innute-booss Of ors or
Of tho seyezal abstract firms in t1is cty and
tha reasonable charge for the Information fur
nshed to the Clerk by abstract 11ns, any
them, be certified to the county authorities ~ tn
Judges Of this Court expense necessarily IT,
| CURED in tha administration OF 1uAtlce.
This was done, and from it was formed thu
! '' Ante-Fire docket The papers in Largo
number OF tho cases were restored by the at
torneys for one Bde Of the other giving notice
to the adverse party, but there were still several
thousand CAGES III which no steps were taken.
april 8, 1874, in the Circuit Court. and July 8.
1874, in the Superior Court pursuant to notices
given through the daily papers. the Judges Cd
rnocaxpKp TO p1ssuzs =
all cases in law or chance1Y n which the p4p.:s
had not been restored or an application, st
leaas, made to restore them. In the Superior
Court about 1000 cases ware dismissed under
cases had been Oh the docket since 1867 or 1869,
aud of course, in the most OF t1e cases not ra-
stored, the parties supposed the fire had wiped
out all record or Vcssige Of the suita. In still
between tho time OF the fire and the disnaissala
last summer.
THE AVERAGE AMOUNT or cosTs
accruing in suit under the old fee system when
there we're no deposltions or such extra expenses
was from So to S12 and to this must be
added So q year as term fees. The highest eosts
on tho Textbooks Of the Superior Court are ahont
S75. and the lowest goo, the average being about
$40 OF S35. But, even taking the average at 925
and multiplying that sum by the number Of esses
the costs now outstanding, making H.
lowance for thosa which were paid At
the time OF their Dismissal muss still
amount to about S150,000 in the Superior Court
alone This. however, will not include the costs
in few huudted cases still pending in that
Court. tbs fees in which will run until the ter
mination Of Maj. 6teyeuson's term OF office,
Which will be- in November. The Iees in the
Circuit Court are not nearly SO large, as theJ
ceased running with the termination Of III.
Gassette's term in December 1872. >
As might be supposed, the fees in large nuna.
her OF these old dismissed cases have not bean
paid, and large number OF
CIRCULARS
by tho Clerk Of the Superior Court. The fei-
lowing is copy OF oue in blank:
OFFICE GIEnx sur1a1on couRF or CooK COUNTY,
Ga0aa a9a t,o faF cor, n S: 1s.s
hook -. paso--, the snna Of - dollars and
cents. You will please call at At our oince anlx
predecessors to issue fee bill at Res7ec:
Il 5-1s thts + len on {ous 1noEsrty:I ri sp-
oaice, Room u City Hail. Entrance On Aa.zas
street, second door east OF Lasals street,
This circular is signed by
MAI. A. F. STEVENSON,
the present Clerk Of the Superior Court, Ard.
as Will be seen, purports to be III favor of h,a
- predecessors" but does not thereby oxcIuas
hum. .. 4. Hawley, J. q. Batten, Augustus
jacobson, and Maj. Stevenson are the part;ca
in these costa, the first two slightly,
as thsir terms Of office expired come time ago,
and the suits commenced in their terms have.
nearly all boon eettled-
The Issuing OF these circulars has naturally
caused
c0NB1DEnABLE ASSoYAfcE AND ILI-FEExIN8,
soue parties interested, supposing that the fec3
were illegal This. however, ~ 10 al
hoEe cases dismissed is not 30. Tho 3ppeaor
3aurt Judges had the right to make al order
hat any cases pending undetermined in which
,othing had been done by the plaintiff should.
'tter reasonable time, be dismissed 1t his
osts, and this. Judgment TO, costa is, like amp
nd q day. Tho statute, also, specially gaze tlo
Jerk OF either court the power to iasue fca
I'LL Tor any costa adjudged by tbs Court to bs
ua from either party, either before or after
NAL Judgment but he cannot issue d fec bilf
gainst the unsuccessful party for the costs Ct
he successful une- To collect the costs OF tat1a
ldes it is necessary to iRsue two fee bfns Era
1ecutlon, however, could comprehend both. l.
go bill II not lien real estata until issuance
nd levy by the Sheriff, but can be issued at auY
'g filed.
THERE IS, HOWEVER, ONE rour
onnected with these fees which ia worthy
I note, aud against which the complsirta
eTs el1touudod assa rhs aSf Is numerous I5a a
arm fees. They are undoubtedly legal, but,
ter having run for two or three or mprs veayy
many cases without the Temotess knowlsues
q the part Of the plaintiff THAI they were coa-
10 cases comprise tie bulk Of tha Tee bili. Il
.ezs hardly equitable. though it may be tech
lcallJ legal 10 collect thesa fees from uusus.
ect1ng debtors. The old Zoe system waa eu1-
'asedy exorbtant, and yet 1t Is practically con-
lat the Legislature had power given BY tho
as1te to reduce thess fees, which they beva
ot done. and that hence the Clerk ia powerleas.
he premises are correct, but the conclusion un-
ar7anted, for tie Clerk is not bound to collect
lem, be is entitled to them Basidea, ia both
'urta the Clerks eeem to have gone on the
'iucple that *'han . loaf ia better than moth
g, and have graduated the discount Of their
es in proportion to the Poekets or patience OF
10 untucky debtors.
n REGARD TO SUITS s711l pEkpuso
Eere is douht whether the fees can legally b.
'iacsed until tho auita ara decided. A Court
ls r.ght to order, for instance. that contla-
.nce be granted on condition that the party
r $Htri +s%~u +hn fn~s e. A...