The New York herald., 1879-02-04

ney. -; agreements. s. aud niscrll.ncous. 3--re-
corded ON forty-one dirsrrnt da,s. IN papers
eesed aud rscord.d by me sp - and isslualns me
Esd Of september, the period cosrrel By ths chas~
numbered. n. .1sSl-yix.. decls. A@-l. n1orts sAss
$3.50; assignments. 1871; ressscs. 80. leas~s sls
powers OF attorney. lss; resocstions ~ p"wrrs if
agreements. AS. and nii-reianeous. ~ Tte total
number recorded during the Year Isis A. 81. A.
my have carefully ~slected particular prrs
nine months included in their charscs the bs-is -
their assault. 1 have right % assume that tAfy
or at least. that they selec,ed for complaint ths
worst instances they could hnd of siirs'-i over
charges.
A COMPLETE COUNT or FoIro- IMPOSSIBLE.
moments reflection Will eonsinee any person
that IT would be utterly impractcabs 20 count the
was presented for record II the attempt made
IL would, on busy days. keep long line OF parsons
of time and reonire The attendanee OF policeman 10
preserve order. and the employment of large NUN
Der OF clerks to count the toiios. besides arorng
opportunities for rogues fraudulenfly TO record
papers while the holders OF the genuine documents
were innocently standing in line II Is Necessity
that the folios should be estimated AZ proxlnate
number and if that is honestly done there can be
reasonable ground for exception.
The numbers of folios estimated for the several
papers embraced in the scale OF prices set forth in
the second charge are such proximate NUMBERS ant
about the usual numbers OF foios contained IN
such papers. have never heard of a complaint by
any person that they wrongly estimated. must
here point out an extraordinary proceeding on tile
part Of the gentlemen who have preferred these
charges against me- 1t is the Interpolation OF the
words or less in the scale OF prices for tha mani.
fest purpose of having it understood that directed
charges to be made at the same rates for any lesser
number of folios. am informed that such list
was ever known in the Registers Office and no
sacn nsr was ever tsr' 70 ~ mafs such es
planation they of their conduct. suppose,
aud doubtless the fact is that the numbers are given
merely to Indicate the usual number OF foiios IN
papers of the description specified Indeed the scale
OF prices is for the guidance of the profession
than the Register, that they may know in pass
he q
when the expenses are usually paid. about what
charges include for the recording of the papers,
with assurance that the actual charges Will not be
materially different.
When the papers left for record the folios are
estimated nearly be at the correct numbers,
and the engrossing clerks paid for the num-
Der OF foos or the estimate is aided by the
general knowledge Of the folios usually contained in
different classes of papers. AS the law does not pro-
vide tor fractions any number OF words less than a
full folio is charged Us a folio.
APPENDED CERTIFICATES.
A certificate of the recording, under seal. is ap-
pended to each paper recorded, and certificate is
also appended to the record. OF the time OF the rec
ord, and at whose request it is made For these two
certificates and the seal the statutory fees thirty
and hair cents. which must be added to the
the paper recorded have heard that it has been
claimed that the certificate need not be under SEAL
but the act providing seal for the Registers office
laws of 1865. chapter 14S) says:-
All certificates required by law be made by him shall
be under his Official seal
Every paper recorded is on the day indexed
maker, which entry shows that such paper has been
recorded and the date OF the record. 1t is also
tered alphabetically under the name OF the party in
whose favor it is made III book called the grantee
book. which entry shows of the facts referred
to in the first of the charges against me.
Each paper is also indexed under the name of each
of the parties in book called the ''blotter, and
finally under the OF each OF the parties in the
general indices. Thus there are six entries OF one
folio each in the of every paper, for which
folios the Register is entitled to charge sixty
cents which must be added to the other fees above
stated for recording the paper. In there
parties of more than two parts and in very many
there several parties of the part and
the paper has to be ndexed under each name; but
more than six folios included for these entries in
any estimate OF charges made i'll this paper. Lest it
shonld besupposed that these charges are all or
mainly profit to will state that paid last year
S4,4OO to the clerks who made the entries i'll the
'.tickler,'' the grantee book aid the general
indices," exclusively for that service.
THR LEGAL CHARGES.
Adding sixty to thirty seven and half cents makes
ninety-seven and half. which the Register is
cents for each folio contained in the paper.
In the recording of assignments of leases and
mortgages, OF releases of part of mortgaged prem
ses, and of revocatons OF powers Of attorney. two
additional entries are made; one in the margins of
the record Of the first paper and the other in that of
the second. referring the to the other for which
additional entries the Register is entitled to
charge twenty cents, making total of 81 III,
which he xs entitled to charge on every such paper
besides the charge for the folios contained in It,
If there could be doubt that the Register is en-
titled to charge separately for entries necessarily
principle OF the decision of the Court of Appeals in
Curtis VS.. McNair l6s n. y, 1881. that county
clerks entitled to charge the fee for searching tor
each class of liens which search is directed to
be made.
Besides the above charges claim that the Register
is under the law entitled to charge three cents for
ceivng and keeping such paper recorded, and three
cents for searching for the upon request for
its redelivery The equity of this is apparent when
the is stated that although it is not part of my
duty, return papers after they recorded to the
proper parties. at such places they designate (and
nearly all returned in that way and collect then
the fees for recording il the not paid at the
time the papers are lert for record For this respon
sible duty employ two messengers at expense of
$2.40O year. As stated i'll my former answer, Tor
that extra official service charge of twenty cents
on each paper would be reasonable: but do not
intend to include any charges TO which / am not
clearly entitled of the charges referred to in this
paragraph are included in any OF the computations
contained in this answer.
PRICES
l here reproduce the scale of prices contained in
the second charge, omtting the nerpolated words,
cor less and adding the charges am entitled to
make such papers il to ten cents for each folio
ninety-seven and half cents added or, in
OF assignments, releases and revocations 81 1Iia.
Eahtieito
Fotios Charge. Charye.