The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-03
FACTS FOR LEGISLATORS.
HEW yORN'S room ROBBED AND THE
CITY TREISURY ROBBED.
Fees Pockete by Omcer who IL Unknown
TO the Lnw-The Di.possession Business as
n n Carried On In the District Civu Courts.

IL
Aldermen Waehncr, LOWS, and Jacobus
have been directed 10y the Common Council to
Investigate allegations made in Alderman
Waehner's resolution. that since Jan. L. 1876.
mother the District Court Justices nor their
clerks have paid into the city treasury or made
any return Of the fees received by them in pro-
seedlings for the disposscsson Of tenants.
proceeding for the non payment Of rent Is
begun by a landlord with tho presentation Of nm
affldavit that he is the landlord Of the prcmiscs.
and that rent is due him. that he has demanded
rayment thereof. and that default has been
made in the payment. This affidavit ia pre-
sonted to the Justice in whose district the prop
orty is situated. and he signs summons in
which the tenants and undcr-tenants are cited
10 appear before him. a copy Of the summons
must be served upon the tenant and each Of the
under-tennnts at least three days before the re-
turn day. and the officer must make return OF
the manner OF making such service under oath.
But such officer must have with him the orig-
nal summons signed by the Justice. and this
original must be shown at tho time of service to
the person upon whom tho paper II served. II
there Is no such original summons in existence
at the time such service is made the act ON tho
part OF the ON COZ Is NULL The affidavit Of SER
Vice required Is as follows:
ON and Comfy Of Nc In,k John Brown Of said city
the mr.. day q April ISM serve the iocgoine summons
on John smith ,nc tenant therein named ~ delivering
70 him wrsonallya ru" copy thereof and At the same
umc showing inc aboNc original summons
This AFFIDAVIT Of service ia one Of the safe
guards which the law has wisely thrown around
the tenant for his protection for while in ordi-
hhry actions NE eerIlli o OF Twice 10y the
payment OF ront an oath il required. Notwlth-
standing the provisions Of the law In regard to
ants I'll L is almost daily practice With the Mar
shals. after the affidavit OF The landlord has
without first Obtaining tho signature Of the
Justice 60 the original. When the landlord em-
ploys Marshal TO institute proceedings aga inst
which amount tho Mafshal Is -" entitled II 10 g.
The rest should 90 as fees to tho court
II the Marshals obtain the signature Of the
Justice 70 tho summons before the service is
fees. In order to pocket these court fees them
solves, they undertake to make n service upon
days notice. and. by bIuster and intimidation.
before the return Jay Of the summons. II this
ls done. the court ices are applied to the Mar
shals own use. IL tho Marshals find the ten
ants determined TO appear and defend. then. on
the morning OF the return day and not before.
they obtain tho signature OF the Justice to the
summons. which they had not obtained before.
and thereupon mako the afildayit hereinbciore
set forth.
The afllxing OF their. signatures by the JUS
tees OF these courts under these circumstances
can hardly be galli2ted on the plea OF pressure
crowded. and their calendars are easily dis
posed OF IN a few hours.
On The return day Of the SUMMONS If the ten
ants appear they are required 70 file an AFFIDAVIT
IN which they must deny all, or some one. OF the
facts containcd in the AFFIDAVIT Of the landlord
This law IL oppressive; for how can n tenant
who is unable 10 pay HIS rent Zee lawyer FOR
drawing counter anldayiP The law IL inn
poratiyc, however; the affidavit must be filed.
and, therefore. II must be u written affidavit,
skilfully drawn. Should the law not permit
poor tenants TO make, oral aldavts denying
whit is set forth by the landlordsl
There arc in the city nine district courts.
These courts sit on an average three days every
week. On each Of these court days each court
IL a Dr
payment 81 rent Tho court fees in each case
amount to a. The following table will give q
by the district courts for diepossessing cases
Tor the term Of ono year. The lowest possible
figures have been taken:
Number OF rosscsscase, cAch everyday 10
Number :. dispossess cases for three days -
for nine courts per week ...... ...... siso
For nine courts per year ... 81 ~
twill be seen that about 10000 is received
by the nine district courts OF this city for dis
possessing proceedings alone Not one dollar
Is paid into tho city treasury, ~ II should be
tuted. Not only is hi truo Of tho present time.
but the pQckcting of these fees by some person
tics for many years past These fees are re-
reved. TAcy never reach tho Comptroller The
law under which the clerks Of these courts hold
office provides:
There shat nc -icrt ln assistant Jerk IN each OF the
s a c ,t' %'9 ' rse e wee 1s, slsSs OF
Tie ce' &, %, t,c salt ,tIet court. shah collect in all
thc other '.,- slo,t 4 b. law and shall PAY ih, same
no the ,f treasury nAte manner with oiler fees col.
II sna.l tlc guy or'e refs slea,l Of }e.e court.
tococot t tc'c'e 1l ne c' thecoi and g account
lS s, a"a n , 'l' me M isa, ,, @,s ~ Si,
three day 90, alter Mhtb account shall contain tue
y; aud IT, ,a... Of ,uei 5erk ,ha not be- rai until he
10 service anil he shan have received tie ic.a ICES
msrcof
ulenhani' " .aicour'. 'iu ccc,ye noicc, or coule
.auon io m,f own ne "li'o,N.t TOR any services by
"isTyl ''''''' '' virtue y '''' ''''' '''' '"' ''r
1t will be secn that each District Court Is on
titled 60 clerk and n d'puiyclerk and To- no ad.
trionnl clerks whatever Their salary is fixed
a, $4,000 year each, and they are prohibited
rom taking fees. The. clerk II required 10
make monthly returns ofall tho fees that he col
ects and receives under oath before H. Is ent-
led 10 b. paid his salary That oath j. male
we've tlnesa yGar by every clerk q every, Dis
coive fees which they fail 10 return and sub
scribe t. the oath they commit perjury; but Il 1t
happens that certain lees are mover collected or
received hS tho clerk but b. somebody else
.hen what
dlspossesslng clerk. in addition 10 the cleri-
-al force provided BY law He. like the others
Is appointed by tho Justice OF the court lie
draws 10 salary, as no provision has been made
by law for his payment, His duty IL 20 take cX-
to issue tho papers 10 the Marshals or other AZ
plcant-, and particularly 10 collect the fees
therefor lo Is unknown IN the law. and Ne
office that he holds has no legal cNistonCc. Ilo
Is not responsible ~ tho Comptroller Tor the
lees received by him nor to any ono else Not
wlths,andng me Imperative language Of the
law. that the clerk shdU collect and receive all
fees. this dispossc,slng clerk IL permitted L.
take these foes. and as tnoy wcro mover collected
pr receiy.d by ne clerk himself ho evades the
law requiring him, under oath, to account, See
how easily II is done. Walk INTO the Clerks
office OF q District C@nrt
Good morning, Mr. Clerk"
Good morning, SIR
want summons for non-payment Of
'"Oh non-paymont Of rnnt2 You will have 10