The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-23
SOME CASES IN POINT.
Mr.. Gumbleton and Major Quincy
Reply to Certain Questions.
EXCESSIVE CHARGES DENIED.
How "SkinfInt Lawyers" May Help Them
selves and Not Their Clients.

Lawyers and politicians are still discussing the
alleged abuses in the Offices of the Sheriff, County
Clerk aud Register. The interviews which follow
may be accepted representing such differing shades
of opinion and assertion really exist among them,
and some instances OF alleged illegal charging also
presented.
A reporter of the HERALD called upon a member Of
the Bar Association, who not averse to talking
upon the subject which the committee have attempted
to ventlate but confessed an unwlnsness to permit
his name to be coupled with his printed state
ment According to him the Registers and County
Clerks Offices administered in a very irregular,
not to say corrupt manner the Shrievalty exhibited
history OF long continued extortion under success
sve incumbents that was simply shocking. 1T
began good many years ago. said he, land it
inseparable from the Office it is constituted Five
or six years ago the Bar Association appointed
mittee. which made investigation and reported
strongly against the illegal fees. The administration
of the Office however. has gone right in the same
old way the Sheriff has charged what he liked and
has very seldom been reminded practically that the
citizens of this Republic supposed to be free
men. know of unfortunate man. client
OF mine. who made default at the commence
ment OF some proceedings and before he got through
with them and had procured judgment the amount
which he had paid to the Sheriff his deputies
more than one and a half times that which he
cred Once you get into their clutches, they
yank all the money you've got out of your pocket in
less than time. Suppose you are taken on all
order Of arrest and desire to procure a bail bond.
The legal charge is thirty and half cents and
they have been known to ask and receive high as
$22. The deputy charges slO whether he renders
any service not. In the case alluded to above S1l
was the charge for the bail bond and $40 for looking
up the bondsman. although the victim was accom-
cd NV i'm, Ia fho ofHc
rived there demand was made for $21. The deputy
in the meantime had not stirred outside Of the Office
Here is the receipt for payment
Received Of g. twenty-one and seventy fve-one
asson ''"' ''' anu sS'hs s1HsfsS
A DEMAND FOR RESTITUTION UNHEEpEp
The lawyer proceeded by saying that when he
learned how his client had been imposed upon he
wrote formal demand upon the Sherifffor the rest
tuition of the money i'll of the righful perqn
rites. 1t sent to him in June but no reply was
received
"Have you. personally, ever paid exorbtant fees to
the Sheriff."
Il have paid in excess Of the legitimate fees. Of
course lawyers will not submit to be coolly robbed
while their eyes open. We pay him over and
above what is fixed by law more than we have a
mind to- and he must accept that. because he knows
we have 1t in our power to drive him down to the
mere legal fees. STILL it is necessary for us that
there should exist, for the facitaton Of business
good feeling toward in the Sherif's Office II can
not be denied that the wages allowed to the deputies
utterly nadeq nate for the support OF themselves
of their families. The whole of their compensa
ton is ten per cent of the Shers poundage and the
levy fee The rest of their veih they must grind
ont of the unfortunate person upon whose property
they levy. The system amounts to nothing more
q n on axto
ton"
Az IMPULSE OF REFORM.
"Can you give any illustration of excessive
charges having been made in the Registers Office y
"Yes there is an instance very apropos and quite
smusing. Some time ago l sent four deeds to the
Register 1t happened that they exactly alike
in phraseology and form and in the number of words
in each. Three were returned before the Bar Asso-
cations Committee had visited the Hall of Records
and the fee So 30 apiece. After the committee had
been there the fourth returned. but the fee
only 81 75 The difference is twenty per cent"
What do you know about the alleged irregularity
in the County Clerks Office ?"
well, have q good opinion of Gumbleton, gen
orally speaking. He's friend of mine, but think
that he has made great mistake this time He has
been i'll advised"
Another lawyer, deeply concerned in real estate.
said that it had always seemed to him that too much
paid to the Register but he had never examined
the statutes to ascertain what the fees allowed
by law. For the record of ordinary mortgage the
charge had been from 80 10 to So 25 according its
length. This when it filled out upon a
printed form; but when the instrument was all in
writing. a trust deed. for instance he had known
the price to be high $40. I'm the County
Clerks Office" continued he. "wo have without ex-
cepton, during the past ten years. set the time when
each search should be finished and we have always
paid an extra rate for it,
ILLEGAL DEMANDS.
"Have you any complaint to make against tho
Sheriff officer"
"oh That is unquestionably the worst of them all
Every one knows that the extortions there ira
ditona They are 40 notorious that it is no use to
enter into the details
give fow instances in your own practice"
"wel. client of ours, broker in Wall street,
came into our office one day in great hurry and
said that he had been sued. and he feared IL was
too late to serve notice of appearance upon the
plaintiff. We told him he had until the next day
In which to do it, and sent IL Immediately. The
answer was that we were too late. and although this
false. the other side went and took judgment.
We caused II to be rcopened, but in the meantime
deputy sheriff went down to our clients Office with
execution and demanded the OF 500 to stay the
removal of the furniture-S5O to be paid down imme
diatey and $50 during the following week. He took
$50 for not molesting the property from Saturday
night until Monday morning. The whole OF the legal
fees in the case not $40. few days after
ward deputy again went to the Office and threatened
that II the other $50 not paid Immediately he
would send down truck ana tear out all of the fur
nture The money not paid and nothing more
of the matter.
I'm another case there were three defendants in a
suit and judgments obtained by default against
two of them. but not against the third who was
client and perfectly responsible Adeputy sheriff
came to him in his liquor store aud said, have an
execution against you and unless you give some
money, 1 will tear up your place The barkeeper
handed him something's believe ii was S25 The
proprietor then came to me and was vay much
alarmed for his property. showed him that there
was no Judgment execution against him and
ccnsured him for having yielded 80 the demand Of
the deputy He was not threatened again. but never
took any step to recover his money.
1T may he a question how tar the Sheriff is re-
fponsibc for the actions Of his deputies but, 1n
dcrstand IL, whatever money is obtained by them
they divide with him.
"The worst cxtortion Of all, however has not been
touched npOn at all and That il Ia ihn