The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-08
DIsPnsskasINa TKNANra.
Lawyers Puzzled, Landlords Annoyed. and
the P0or at the Mercy Of Had Men.


Tho disclosures concerning tho practices
in Civil Justices Courts in dispossessing ten
ants. that have como out Of the trial OF Justice
Plncknoy. have directed public attention anew
To nm OWL Of which both landlords and tenants
have long complained. but for which there has
seemed to be no redress. Tire primary dim
Guilty seemed 10 lie In the chaotic condition OF
tho laws fixing Marshals' fees. According TO
an attorney who has much landlord and tenant
practice. the statutes affecting those foes have
boon changed aRain and again. and altered. re-
pcalod. and amended. until now the lawyer who
knows precisely what the Inv allows in any
specified case IN rarely found Decisions cnn
be- cited that warrant various awards OF fees for
precisely the Same services This indecfsion
or rather the lack of definite knowledee in the
portunity Tor the Officers Of Civil District Courts
tO establish pretty much what prices they plenso
IN the PARTICULAR class Of business specified,
In none OF the other courts. however. Is there
any admission OF abe existence of such q sys-
tenn as has been alleged to exist in Justice
Pinckney's Court-nnmcy the Institution OF a
apecial clerk TO take from applicants for papers
" each. professedly M payment for cXanIina-
!ion previous to tho presentation OF tho papers
tothe Justice for signature. In the other courts,
though in nearly all an cxorbitant charge In
made. It IL yelled under n general demand OF
from - to " Tor preparing papers. serving the
summons aud executing the warrant Where
an under tenant has TO be served an additional
munorative by the Marshal in proportion TO the
dcnls
In point Of fact. no landlord need pay a shil.
ling for tho preparing OF all the necessary
papers. Tho blanks may bc bought for nine
GENTS. and any ordinarily Intelligent person can
I'LL them out In ten minutes.
As q matter Of custom. the work is generally
left to- the att iches Of the courts but II Is not
viewed rs belonging to the province Of the clerk
OF the court. Marshal or Mnrshals clerk
or some person designated by the Justice to the
duty. ordinarily makes out the PAPERS. Where
las Il lft q IA
Justice Pnckneys court. THIS branch of tho
work Is generally very profitable. Mr.. Davies Of
that court. whose arduous duty II has been to
punch a hOlo in the papers handed to him. rs
An evidence to the Justice that they had passed
a1pgn miS h2 mus . as ~ & 10 pSyc S"id
In the east side courts in districts Astounding
in tcncments, the profits are doubtless even
though differently imposed. There. instead 81
charging t2 for examination" that sum T.
virtually imposed for drawing the papers or in
some cases tl.fJ, M the proper Mnrshals fee
for service Of summons and execution Of war
rant is generally understood to be az. and tho
orti
In the Third Judicial District Court. Justice
Geo. W, parker's. the avowcd bill Of charges IL
81 Tor making out the papers. 81 for service Of
tho summons. and 81 for execution OF tho
warrant From forty To- fifty, processes
per month are issued At that rate. Except when
tho lnndlord's action ugninst his tenant pro-
crosses so far NJ u tral in court. the Justices
duty ia merely that ~ a magistrate in aniNing
his signature to the summons to give II Official
character. For TINT there is no charge and the
signature is written as readily on properly
mad"-Oui Dnpers prepared 10y landlord as on
those gotten up by the experienced corps Of
Marshals attached 20 the court. Tho Mar-hHls
here aver that when they apply for service pu-
p'rs from the east side courts they have to pay
there 81 in every case. ~ the foe Of the clerk
Who makes ont the papers. That brings their
charge up to 81; or, II there are under tenants
tn serve notices upon. 81 moro for each.
In the Second Judicial District Court. Justice
Charles M. Caucy's. the charges Jumped to-
; 81 Df !, "a
tor preparing the papers. 81 Tor service OF the
summons. aud 81 - FOR executing the warrant.
In tho Eighth Judicial District Court. Justice
frrdrrlck q. tvlnrN n. the churgrs ARE still less
only ility cents being demanded for preparing
the papers. and 81 for serving summons and
the papers and there Is no charge for examinn-
ton or alhNinR the Justices signature. The
number OF such cases here is very large, reach
ing an average Of M least t50 month
In the Marine Court which also has jurlsdic-
ton In tins class OF business. the service IL
Gndney's court. although there the charges
nominally, are nothing for making out papers.
81 Tor serving summons, and sl5O for eXecut-
ing warrant.
The charge OF so cents for drawing up the
papers can hardly be deemed excessive. con-
vice. and landlords do not complain of .,,rt bot
the entire fees should corialrl. rat amount to
more than $500 S1H- reforni and definite
eNA9hshmrnt "t MS class OF fees h much
nT"lb. AIM will. II II expected. be- pressed
". N tho attention ot the next Legislature.
But not less important n the matter Of n gem
oral reformation OF the system OF disunsses-
sion. A landlord So inclined may. a. the law
stands eject n monthly holding tenant on sim
ply two and "A hall hours notice.