The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-22


| / desire to introduce to yon the Register
of the city OF Philadelphia. The legal pro.
fession generally treats me very literally, but
| know that you think that charge too much. Now
] want the Register from Philadelphia to tell You
exactly how the applicants treated at his Office
Evidently he expected to read me lesson in propri-
ETY. by OF his friend. That gentleman replied
without moments hesitation: In Philadelphia the
way we do is this: when man comes to get paper
recorded to order search we glance at him very
quickly before he has chance to look at us. to
what he will bear. and then we put II on accord
| ingly.' Mr.. Register replied you probably did
not think that your side would be sustained in this
| manner The fact is 1 may be very much OF a cynic
but shall hold to the legal fees the proper and
sufficient compensation for your labors.'
1T is a horrible notion that man in office gets
that the fees fixed by law entirely inadequate
Mr.. Ketchum quoted the words of Frederick Smyth.
| formerly candidate for Recorder and recently for
District Attorney the Tammany ticket, in his de-
fence Of the County Clerk. 1.-The fees fixed by law
bagatelle. said smyth, and the unsaiaried
phrase ali that those officers put there for
to take the measure OF people who came to get the
benefit of the public service, and after seeing what
! they would bear put 1t on.
SPECIAL. ISDIcEs.
Both in the Registers and the County Clerks
| Office there special induces OF mortgages and
conveyances which made, it is asserted. by the
undcr-clerks during their of hours With the aid
! of these the searches that otherwise would
sumo days i'll the alcoves of the Registers office.
| perhaps with Indifferent light and numerous hands
| wanting to hold the same books may be made in
four aud five or ten and twenty minutes. The sys-
| TEN OF induces was commenced in 1858 by commits
sioners at very great expense, beginning as far
until the present time The Chief Clerk says that he
has no right to these books that they belong the
clerks and they must be paid for the OF them. At
the time it is perfectly notorious that the clerks
may be removed at his pleasure. and Of those
who retain their places have to supply the Registers
demands. and he would never allow the lions share
/ to 20 to the jackal.
Certain lawyers tell another that they can go at
| any time to the Register County Clerk and get
whatever they want out OF the records in very few
moments. 1t is because when little detention would
prove large damage to their clients they arc willing
to pay anything to avoid It, This habitual tribute
to his purse inevitably gains the favor Of the officer
You can that when my neghbor does that, and /,
| who will not do it, competitor with HIM, he
will get the patronage of the important clients and
won't. 1t also gives to the unprinciped operator.
| the determined capitalist unfair advantage
the one who cannot afford such expense
AS to the Sherifs Office. have to say that
can go through the rough-and-tumbe OF legal prac
| tice in New York without being ut some time or
other subjected to the oppression and extorton
rence a register in bankruptcy l have often had
occasion to inquire into the excessive charges made
on an estate which may have happened to fan into
an instance when | conferred with his counsel, in
which the exorbtant bill not reduced. An ap-
plication for abatement made at the right time and
1 in the right manner and with some authority to
back it in the way of knowledge and position, is al
ways likely to prove very effective
| LAWYERS TO BLAME
my inference from all this is that the great fault
senting unto his death The Bar has been so long
and generally consenting to such evils that they
have grown to these awful proportions Lawyers
/
well regarded. and have engaged in emphatic and
excited discourse this subject at length be-
coming almost passionate in their defence of the
of these men, especially to the County Clerk and
| the Register. Generally such discussion would
cudc by statement on the part ofcach one OF the adj
vantages which he had gained by OF libcrality
/ toward them. Then here is another point. 1t isn't
every who is willing to 80 to public Office and
I make himself mark tor odium and dislike; to be
pointed ut q mean fellow. The battle OF life is
| fight for bread, as Shylock says
Nay, take my life and all pardon not that
| You take my house when you do take the prop
That doth sustain tain x. honse you TAKE my life
| INDEFINITE RATES.
representative OF firm OF lawyers who attend to
very large business in real estate stated that they
OF the Register and County Clerk worth the
amount which is charged for it, One great objec-
ton which they had to the present system
that it is very hard to guess what will be the
cost Of any search until after it is done. The officials
claim that they entitled to extra fees If they
pee the work before the expiration OF the legal Time
The reporter examined some searches, the back
which written the charges of the County Clerk.
| One Of these inscriptions follows Fee,
pensaton asked nearly fifty per cent OF the legal
fees 1t added by the spokesman of the firm that
/ they had always found both the Register and the
| County Clerk ready to make reductions if they
deemed that they had been charged too much.
AN APoLoGIsr.
lawyer favorably disposed toward the Register
and at the same time paying into his hands from
$50 to $500 yearly said and terated that the majority
Of the members of the profession interested in real
estate were very well satisfied with the fees which
\ charged for record. There has BEEN" he
marked IA reduction Of from twenty five to thirty
cent since the position OF Register has been held
| by Mr.. Loew.'
'Is il considered that the fees for recording are
| definitely fixed by law =
There is question on that point 1t is claimed
by that they are, and by others that they are
| not The lawyers who complain Of the admnistra-
ton of the Registers Office not those who have
much real estate business. They have perhaps, two
three cases year, while Others whose yearly
penses of record mount up mine do. to some hun
drcds, are far from feeling aggrieved under the
| duced scale OF charges. You must remember, too,
that there is vast deal Of grave responsibility
nected with the performance Of the Registers duties
slight error on the part Of one Of his sub
| And mind you. the parties who injured seek
no redress from the county or city, but they bring
| suit against the Register personally. There
in which client OF paid 81, 500 because
| Of some careless oversight in search When you
look at the subject in this light it does
orbitan that the compensation should afford profit
| and above the cost OF the labor Of copying
"From your experience in your own practice what
do you believe to be the usual fees charged by the
| RegistcrY
well. you may put it down thus: Deeds, 81;
mortgages 50 20; assignments, IL 25 satisfactions,
Are not these prices above the rate which is legal
II admit that but they are not much The
is entirely different in the County Clerks Office.
There there ought to be thorough investigation,
and hope that the Bar Association will succeed in
compelling "a reform"
"will you favor the HERALD with comparative
statement in detail Of the Legitimate and the actual
II have hardly the data with now; but can
say this:-In searches for judgments the County
Clerk may demand ten cents Tor each year. for recog
nzances i've cents more. and for other liens another
i've cents At most tho fee should not In fifteen
cents year. Now the actual charge is about twenty
cents for each year and five cents lien. In
other matters l think that the regulated rates
adhered to-"
rs your opinion in this matter entirely disinter-
cstcdY'
''The amount of business that transact with the
Registers Office ought to indicate that IL is The
more recording has done the CALLING
would extortion be- ii it were practsed. have only
to request that You do not cite me publicly by
name"
'RED" LEARY.
FURTHER HEARING IN THE HADEAs CORPUS PRO-
CEEDINGs--A DECISION TO BE GIVEN TO-