New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-09-16
WHAT AN INVESTIGATION DISCOVERED.

REPORT OF A COMMITTEE OF THE BAR ASSOCIATION
UPON THE ovER-CHARGEs.
The Bar Association of this city appointed
committee some time ago to Enquire into existing
practices Of illegal exaetons in various public offices
in the city," and this committee, Of which Dwight II.
Omstead chairman, made report on the subject,
which opens as follows;
YOur committee find and state that fees and charges
not authorized by law or In excess OF those allowed by
law are and for many years past have BEEN habltualv
lb,ad ond coecfed IN the offices above named ps ,e-
caly those Of the Sheriff. County Clerk and Registers
that the fact excessive charges notorious and
within the constant and almost daily experience Of all
the members of the legal and that no report
OF your committee could add to the general knowledge OF
this Association that subject These excessive charges
partaEe more or less Of the character OF exoons ana
in some cases can be defined by DO other term.
In speakng OF the sbeufs Office and the pay OF the
Sheriff for summoning jurors, the committee says;
II can readily understood how large is the Income
OF the shern Tor TINS cQlnparatlVely trlhg service
is claimed by him to be legal onarge put upon tae
face Statute, well the circumstances OF the
case the law plainly meyer was ntenyeG 10 De ca
cessve fees and perqustes received by sheris upon
charges for auciOneers and advertising oppressive e1
those arrested for debal these and many
other unwarantabe and excessive charges and e1iOr
lions the part OF sherins deputies are well authen-
Gated
The committees report upon the County Clerks Office
was az follows:
Numerous lens on real estate comprising judgments.
forfeited rocogniz nces notices Of liz pendens. ceri
Gates sheriff and marshas sales, insovent assign
liens etc. are fled IN the County Clerks office,
searches for which the examination OF titles are requ-
site 20 the great of the clerk and cost To the party
recurring them. on payment OF so per cent in addition
TO the legal fees searches made out OF regular order
and this reards other searches being made their
regular order; the fact now beng that i impossible 20
procure the OF search before the time xed as the
utmost limit Of us return by law geD days. without the
DayDcnt OF the fee. These fees Tor searches
afford large 10 the clerk at the legal rates The
County Clerks charges for copy certifying aud ming
papers including copies OF opinions and returns TO the
Court Of Appeals and certificates OF sgrrogaes DEGREES
are almost Invariably IN excess OF legal rates.
The report speaks follows OF the Registers olc
In the Registers office the fees usually collected
are illegal and excessive. The legal fee
Tor recording an ordinary deed is about 81 so;
the charge is 81 so The legal fee for re-
mortgage is % cents the charge is 81 and ON short ana
long leases, cOntrets and extraordinary papers the
still greater So that making fair allow
ance proportion OF assignments OF mortgages II
ia safe 10 conclude that the Overeharges the iustru
mens recorded IN this office, in any one year, VIII
average IN the aggregate about $4,000 Tbe
Onehat the fees Tor searches and tho
cannot much less than from $4,000 TO $4,000 per
annun, which, added TO his illegal ices Tor recording,
amounts TO from 100000 70 $4,000 per annum.
There is provision in the Statutes that No Judge,
Justice Sheriff or other officer whatsoever other per
son to whom any fees compensation shall be allowed
by law for any service shall take receive any other
greater reward for such service but such as Is
or shall allowed by the laws Of this State and VIC
latOn of this provision declared misdemeanor The
committee recommended the following measures The
preDaraiOn aud adoption by the Legislature at of
a Fee Bill for all tue offices above named, making
it uniform for the state All said offices 70 DO saarled
anil, far practicable, fees abolished but when
fees retained they 20 be small the services will
warrant and In the more important offices be paid TO a
person specially designated TO receive them, give
cepts therefor, aud them over To the pubic treas
uIy. The report was adopted by the Association at
meeting held few months ago and Dwight II. Ohm
stead, w. H. Waite and Edward Mitchell were appointed
a committee to secure the necessary legislation