The New York herald., 1877-12-27
SHERIFFS, FEES.

motion OF interest 10 lawyers and sutors was
made before Chief Justice Shea, In Marine Court,
Chambers, yesterday relation 10 sherlns' fees IL
appeared that on the l5th o. November last Simon
Sibcrstsn brought suit against Morris Goldssen TO
recover possession OF threc sewing machines Dep
uty Sheriff Gale took possession ofthe property under
a writ or rspcvin, aud, defendant giving counter
bond, the machines wcrc restored 10 him. Before
they wers returned. however, tho deputy sheriff de-
msnded and received fees, Sc, $st 90, OF which
defendant paid $50 so under protest. AS being
ccssive. A motion was then noticed by defendants
counsel, Mr. Matthew r. Brccu 10 havo tho Sherln 8
bill taxed ny Court, and this motion going by do
fault Court ordered tho Sheriff 10 pay back Sb1 CO.
opened and Deputy Gale appeared IN Cour. yesterday
TO defend the amount OF his chargcs HIS statement
10 the Court was in substances that whou he went TO
the machines he mot on defendant u premises
by about seventy Of his cmpioy6s-mcn, women and
childrsH--wno expressed determination to hold tho
tort all hazards and that he was then compelled 10
get Ave assistants At the rate Of IS each In order 10
enforce his writ. THIS $25 ho mado part OF his
charge. He paid IS Tor csriing the machines away.
For storage he charged $3 including INSURANCE, and
50 or watchers For favors to the defendant, accord
ing 70 agreement he charged $2S and 81 80 or ser
wnolc sum only within $40 OF tho amount charged
the Court asked whstthat was charged ior, 70 which
The deputy replied that II charged Tor anxiety of
mind. 1t was further claimed oy the latter that he
had had his torn in the performance o his duty
aud he would be in justice entitled TO 800 Tor mat
called Shern's charges N question, but some Of
In the present ne thought his duty 10 his
JYdgc Shea reserved his decision, saying no would
like the deputy sheriff furnish him with some
authority sustaining his right 10 charge ior his torn
coat
THE NEW PARADE GROUND.
Tho report OF William II. wickham, william G.
Traphagen and Bernard smyth, tho commissioners
appointed estimate aud appraise the loss and DAM
ages, IL any, sustained by the owners OF property
within tho limits OF the proposed military parade
ground, by OF tho net laying out the same Or
tho repeal thereof was presented to the Court on
November 80, 1877. and The confirmation thereof
moved by William Whitney, Counsel to the Corpora
tion. The Commissioners stated IN their report that
no damages mad bsen sustained by or should bs al
lowed 10 the property owners claiming damages
Upon tho suggestion or counsel Tor the claimants that
an affidavit OF William H Grant, formerly civil engi-
neer Of The Park DcpartmenL tnat no maps had ever
been ncd by the Park Department, AS required by
chapter $685. Laws 1855, laying
within limits OF tne parade ground, ana which had
been nl.d by tho Corporation Counsel with the Com.
nlissoners. had taken them by surprise. Judge Law
reuce, upon consent OF Mr. Whitney, directed tnat
the report be sent back 10 the Commissioners 10 take
aud laying out OF streets wiLhin tho limits
OF the parade ground and report back
70 the Court win tbs nsoo's % 80 taken ~ 'ncm on
ant said order, on December 1877, ana several
times tneroafter, and took testimony offered on The
part OF Inc claimants anu OoTp0Idtiou SOuuoci
On Monday last, December -, they presented their
supplemental report TO the Court, IN which they lind
substance AZ oilows:-That the streets within tho
limit Ut the parade ground and tho streets bounding
tho same never legally laid out and established
under chapter o15 Of the Laws Of 1866 that the ssd
streets closed by the act oil 1871 ny the
proceedings under IT. that IN their opinion tho act of
1871 chaptcr 49, had the effect 10 restore the prop
erty owners within tho parade ground to the same
position tncy in prior 10 the Thing OF the paraoo
ground map, ana that damages should DO awarucd.
Mr. Whitney appeared on behalf OF the CITY, and
4 fhul hn I'm
adjourned the nearing Of the motion until Wednesday
next, January 2, al Twelve o'clock.