The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-23

the Register could do business. The law ought to
be changed. You See the Register is responsible for
al the mistakes which may be made by his assistants
For that reason, suppose. he shares iii the extra
earnings of the searchers. Each lawyer has his favor
iic one, and when he wishes search made he asks
that he be employed ON it. This favor is accorded
him. The searcher uses his private memo
raNda. Now, ii lawyer through him obtains
i'll ten minutes information which would otherwise
require week of research the charges usually
made do not seem to be too much. Clients always
say that they will not wait for an examination of
title to take its course The lawyers thus sub
ject to a tremendous pressure. and they must get
help to hurry forward such work. They receive,
and do their clients in actual benefit fourfold the
sums which they pay for it, am perfectly satisfied
always very willing to incur the additional expense
for the expedition which they desire.
.sIn the County Clerks Office lawyers pay the
der searchers extra fees for quick searches For this
pr lcce their clients responsible because they
win not wait. have had complaint against the
County Clerk for the past ten years, and not more
than three four complaints during my twenty-five
years Of legal work. Everybody can make mistakes
you know. and have always found the Clerk ready
to correct bin and make reasonable reduction
which was suggested to him..
sDo you favor any change IN the organization or
| the county offices 2"
Il would make the County Clerk and the Register
salagied officers, to have tenure during good be-
havior ] think 10000 would then be sufficient
Enumeration per year for either position
A prominent Lawyer in Pine street did not think
that the Bar Association would make much out of its
investigation. 1T is composed of very estimable
young men," said he with smile, but they are
rather fresh that's all have had any trouble
with the officers against whom the attacks havo
been directed. Whenever any thing seemed to not
right have always gone to them and had Il talk and
have ound them willing to make ample concessions
our differences have always been satisfactorily ad-
justcd.'
"Well the Sheriff never gets less from me than he
earns. | esteem Under Sheriff Cummings a con-
scientious and believe that he is thoroughly
honest and fair. Whenever l have reason to think
that fees are too high put the case to him.
He then cites before him the deputy who has made
the exorbitant charge, and matters talked over
and adjusted 1t always ends by my coming away
well satisfied.
..And in the County Clerks Office"
1.-The charges are less than they formerly were.
They sailing pretty close to the wind now"
INSURANCE MORTGAGES.
In the law department OF great life insurance
company the reporter was shown several bills
dcred by the Register and County Clerk. and in each
of them the amounts charged We're more than is JUS
tilted by the explicit wording OF the statutes The
price for recording mortgage was 81. the legal fee
isfaction piece costs from 81 to 81 IS The legal rate
is twenty-five cents. The charges of the County
Clerk, said the chief solicitor, ARE about fifty per
cent. on an average above what he is entitled to.
Here is bill which proves what say. There, you
the total OF the legal fees. $25 Now here is an
item added. Eek stands for extra. and ST. 50 is
charged, exactly fifty per cent of the first amount,
making in all S37 50. These charges 10 not affect
They come out of borrowers, who mostly
poor people, and it is great shame that such an
abuse should exist
real estate lawyer who does as large business as
any other in New York, said that it not much
the specific and generally petty extortions in the
Registers and County Clerks offices that he objected
20,
by which they derive their remuneration from the
public. This evil said he "has been many
times attacked by lawyers but they have taken
any positive action about it, allowing the abuses
to continue year after year with only passing pro-
test and then The whole thing ought to be
yised and put upon proper footing As il is now
there is great difficulty in ascertaining what the legal
rates for the fees OF these officers The statutes
or the REGISTER natnray says viii take all can
get. bill should be passed by the Legislature reg
ulatng the matter in accordance with the views Of
lawyers"
what changes would you have manc?"
oh cannot be specific. have not time. Both
the legal and the actual fees excessive There is
tradition in the Registers office which virtually super
scdes to extent, the force OF the statutes. Now
certificate Of satisfaction fifty years ago. The
legal allowance is only twenty-five cents do not
think that the County Clerk has overcharged much
Us the Register. Hardly ono search in 4 hundred.
you know, takes the regular course. The majority
Of searches are hurried up and finished in two
three days. The law allows twenty in the Registers
Office and ten in the County Clerks. For the extra
work. when clients will not wait longer. it is right
that there should be greater compensation"
what becomes OF the extra lnoneys?'
Part OF it goes to the Clerk and part to the
searcher This is wrong Of course; it all should go
to the latter
AN AUTHORITATIVE STATEMENT.
A gentleman who was the Deputy Register in this
city for good many years and during two or three
ygtmcs sought by the reporter and the following
interview took place.
Il am informed that you have more data in your
possession concerning the past and present admins
tration OF the Registers Office than any one else
We'll. ought to have. for was in TACT the Regis
ter. had the full charge Of the business and my
superior was merely hgurehead Why, pri-
mary illustration of the fairness Of that Office. let
tell you that provided he may trust his deputy i'm
plicty with his share of the fees there is not the
slightest necessity of his presence from one years
end to the other He may well, after he has taken
the oath of instalment take ship and go to the An
tipodcs erything will go on as well without him.
and when he comes back all he need do s to draw
his money The Office takes of itself The
deputy is virtually the Chief and is actually the man
agcr.
yeary?"
They never have been less than $4,000 or $4,000
year."
statutes?S
..Most assuredly not. There. for instance, is the
seal of his Office. In the year 1S bill prepared
for the Legislature by the Register himself author
izng the OF seal and the charging of twenty-five
cents for its every impression. The bill was passed.
but amended that the clause allowing the fee of
twenty-five cents for each impression was omitted.
Now mark you, from that day TO this the Register
has asked payment OF twenty-five cents for every i'm
preston made upon document with that seal. This
source OF revenue alone amounts to more than
$1,000 year, and it is entirely Illegal VIII
tell you an incident which happened the other
day. gentleman went to the Registers office
and presented paper containing just i've pages. or
two and half folios. He was told that the cost of
copying would be thirty cents. How SOP he asked;
there are only two and half olos We never charge
for less than folio, was the reply. The gentleman
about to pay the amount when the Deputy Regis
ter said. There win be twenty-five cents besides for
stamp. 'lnerc Is HO butnorlty lor any sucn
charge in the statute remarked the gentleman.
Well answered the Deputy Register. i think it is
worth twenty-five cents to stamp this document
Then i pay the hfty-fve cents under protest So
ended the colloquy. 1t shows that the movement OF
the Bar Association has aroused the public to some
little sense OF its rights in this matter.
do You think that the legal fees of the Registers
Office would be an adequate compensation tor tho
Register and his employer
10 that question this will be sufficient answer.
was Deputy Register in that Office for three terms.
and ready to day TO take It, charge only the fees
which authorized by law and pay into the city
treasury $4,000 year
what would the Office be worth at the legal rates
OF compensation =
''Well. will give you the lowest possible estimate.
There recorded every year i'll tho Office of the Reg
lister - 900 papers Out of the legal charges these
ttie is clear profit of 81 for each paper $4,000
q year. The searches would bring in about $1,000
For salaries of suborlinates and other expenses
$1,000 will suffice, leaving for the personal income Of
the Register from his Office $4,000
INSIDE CLERKS OFFICER.