The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-31

large proportion Of tho real property on tho |
island. and are constantly changing hands. both
landlords and tenants are daily brought into
court to determine who is rightly entitled to |
possession Of the promises. The magnitude /
OF the power vested in the District Court Judges /
may best be shown by the following statistics. |
showing the population and assessed valuation /
OF real estate property in each judicial district:
heetd P93g S s1s s,s se, sis 80
Second..... o.itz 9.vt,,,'Ss
rrnS .''''''''''..'''''' i4 4,,ssa DOS 10
INN ........,............... A3.r.l ,.,tesaaetv
isSiS....... iai9iS 7I4i651
fa,aa sSisi . 5soiS
ini city in ISIS was 5000 .s55 700 The number
~ suits instituted in the District Courts in re-
htion TO the possession Of this property far
exceeds that OF all other property. and so great
has been the increHse OF this business Of late
iishcd Tor It in most Of the District Couris-a
bureau known rs tho DspOsse-s Bureau =
nnd with the exception Of Justice Gedncy and
Justice MCGOWAN, each Of M Justices has ap.
pointed DspnssesS CLERK 70 take chnrgeoi
81 from 81 10 Il for every process issued and
the clerks receipts. instead of being paid over
g. the city. are retained by these clerks. or by
the Justices, although the receipts from the
"dispossess" business aggregate amuch larger
sum apnually than is paid over 70 the Comp
troler for processes in civil proceedings.
This is in violation Of the provisions OF the
act OF July ii. 1881. entitled " An act in relation
% Jusficrs' courts in New York" section five
requires the clerk Of each OF the District Courts
10 collect and receive all fees, and to account
for and pay them into the city treasury monthly
Clearly the establishing Of these "dispossess
bureaus" In the District Courts Is illegal. and
the action OF the Justices In appointing dispos-
sess clerks is in direct violation OF the statutes
the CLERK OF a court being the only person au-
thorzed n collect the fees received for the vari-
Gus processes issued from the court. the JUS
tees ar expressly prohibited from applying to
their own use Rny ot the lees. or from having
any control over them.
Until very lately Il has been almost impossi;
bic To- yet any Trustworthy Information In regard
10 this dispossess business, But the recent in
vestlgHtons into the ON 'ial conduct 81 the jus
tees Of the Fourth and seventh District Courts
let in some light upon the subject II was
shown that the " Dispossess Bureau" is per-
that very Justice. except Justices Gedney and
MCGOWAN. appoints special clerk. 10 whom no
SaS4 paid sd T9se fSy Se
clerk OF the Seventh District Court. testified that
the dlspossess business WAS carried on in
hallway or small room connected with Justice
bureau was posted in large letters Tor some time
over the door leading 10 it. Mr. Anthony also
testified that he did not receive any OF the fees
collected for summary proceedings. anu conse-
Quently that no returns had been made 20 the
city TREASURY Of the amount so objected and
further that ia the early part OF 1877, after be;
letter from Justice Pnckney giving him no.
tce that he Justice Pinckneyl had appointed
t1i clerk. to have charge Of the dispossess pro-
ceedings." Justice Pinckncy admitted tho au-
~
witness. and when asked 70 explain he said
that Mr. Davies filled that position without any
the money he could. TINS Is the practice IN
nearly all the Civil District Courts.
Is already stated the valuation Of the real
estate property IN the ten judicial districts Is
upward ~ t9O0,Oou.OOQ. and the number ui SUITS
ntusd by sadSrd II 6 s9bmaS prSssIe s
sued bv the courts. Tho returns nom tho book 5
q the Seventh District Court show that IN 1917
there were 1851 causes Of action disposed OF.
and in the year following 1901. This includes
oaiy the civil suits in which tho papers were is
duly filed and recorded on the dock
e.s. as no records whatever are KEPT Kept
tAan rough estimate. therefore. can be
'ormed Us 10 the number Of caS.s IN landlord
fled that from twenty 10 twenty live dispossess
cases We're disposed OF by him daily. As
suming the number Of trial days In the year 10
De 500 this would give 6 900 as the total num-
her OF these suits in one year. One OF Justice
Pncknsys officers swore that the number OF
dispossess proceedings In the past three years
WAS about 5000 or less than 1000 year:
Probably 5000 would not he an 3yerestnate OF
District Court; SO that the income Of Justice
fnckney's private and conidential clerk.
charging AT the rate OF 81 for each. would reach
$1,000 year which is MS much rs a usuce OF "A
District Court draws for his services.
Formerly the Justices OF the District Courts
took the fees for dispGssessi9n processes Per,
sonHly ana applied them 70 iheir own use nu'
since the impeachment of n Judge for this He
gal practice the Judges have not taken INC lees
openly. but have hi upon the eNpedlent Of put
Of person whom they appoint spsciniiy iol
that purpose. aud some OF them hedge them
selves around on every side so eHectun'ly whlIe
IL their chambers that no one can have access
l. them for the purpose Of getting their sigma
lures 10 warrants for dispossession except thelI
private and confidential cerks' As an evl
dence Of the understanding between the Justice
aud the Dispossess Clerk" that no case sinai
BE- adiudlcat.d unles 70 the fee has been pad. IN
The Seventh District Court u punch was kept bS
Justice Plnckuey' s clerk which made peculiar
mark on every paper that passed through his
hands. and unless the Justice roroguizai Ai'
mark when the papers wcr" handed u him h'
refused to cali them. TINS nark. one 81 th'
mArshals attached 10 the court testified was AT
Indication 10 him that the fec mad been paid.
d.spOssesslOn proceedings amount 10 toO.OO
Every dollar Of this sum might be turned int
the city TREASURY II all the business Of the cour
were transacted through the Courts clerk an,
his deputy. The assistant CLERK IS mer
tgurchedd. and yet his salary Is as hlEll ms INA
Of tic clsrk Who 10 bound in heavy BONDS to tn
city for the faithful discharge Of his duties an
Whatever. II every District Justice would pu
tlc dispOssess business into the hands 81 w
Court clerk, the assistant clerk could De mac
y earn MS salary by max ING our the phpeIs u
these proceedings. and the records might y
Regularly filed in court instead OF being throw
Into the waste basket rs Is the practice
Then there are the spurious marshals o
whom there arc from twelve to fifteen lounglnl
uaiy IN the yestibules OF most 81 tue ,Dlslrle
Curtis. They have no lesnl stumbling whatever
uni live 6y eXtorung illegal fees from those VII
through lgnorance Of their position lntrust I
iaen the taking out OF the necessary papers
When a landlord or his agent comes 10 court I
~ certain how he may dispOssess n tenant. he |
usually met by one OF these spurious marshdls
anu the fellow tukes whatever fee no can gel
md promises that the tenant shall DO removed
ihess fellows manage 10 procure some OF IN
hanks used for this purpose. and II the
can get the Justices signature 10
iheY serve the paper IN due form, ms th
law does not require TINT i Shout
be served by a City Marshal. II they fail in thi
,Hry either Jorge the Justices name or sery
ile paper IN blank form, and the tenant. ben
ignorant OF th9 proper form OF legal process Il
summary proceedings. moves out under Ia
threat OF being iorcibly eected by these Arran
!Iluls should tho tenant appear in court O
the return day 10 contest case he is In