The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-11


spondent directed it's discontinuance and he verify
believes the same has not since been charged.
WHAT THE LAW ALLOWS
And further answering said charge respondent
AYERS that he is allowed by law twelve and half
cents for each certificate given by him. and also the
sum of twelve and half cents for his seal appended
to said certificate, which should be affixed every
instrument recorded by him. That said certificate
is appended to every instrument received by him.
and rhe seal affixed thereto and there is also
certificate attached to each recorded instrument
certifying at whose request it has been recorded
That upon assuming said Office this respondent found
that had for many years past been the custom tor
those doing business with said Office to require the
instruments left by them for record to be returned
to them at their respective Offices places OF resi-
dence. That, in order to comply with the
spondent to employ and collect the fees thereon
messengers to make such deliveries, the respon-
upon this respondent and the same being wholly
outside his duty Register. That, in Respondents
Judgment. charge OF twenty-five cents even more
for such services and responsibility Is not
able. and would not have been complained OF by the
profession the public at large, and would
be- as this respondent is advised, legal and proper,
but no such charge has been made. Respondent
further that he not aware OF what
the schedule submitted to Mr.. Savage as
herenbefore stated, contained until the
was produced by his deputy and submitted to the
committee of the Bar Association making the charge
herein That when he saw the same he Immediately
condemned it and repeated the directions hereinbe
fore forth. That respondent received from the
chairman of said committee a communication, u
copy of which is hereto annexed, marked 3D. at the
foot Of which respondent indorsed the following"I
heartily concur in the foregoing msinoranium
Signed, Il. w. Loew, Register" and immediately
turned said communication to the chairman OF said
committee That thereafter and the 4th day Of
October 1873, in response to respondents commune
cation he received the letter. copy of which is hereto
annexed, marked &C.. That thereafter the said
mittee requested respondents permission to examine
granted, and that he subsequently afforded them
every possible facility for making such examination
That during said examination and afterward respon
dent on several occasions informed said committee
that they any other committee of citizens would
examine the charges for the different services rem
dered by him and would inform him OF any
charge that they considered improper and unlawful
he would agree to make 1t conform to their views
and keep during his term of office, but that the
said committee, or majority thereof always de-
cned to accede to such proposition. That subsequent
to said examination this respondent having been in
formed that of the said committee claimed tat
in certain instances they had found that overcharges
had been made Notwithstanding the instructions of
respondent herenbefore set forth, he addressed to
his deputy and his assistant and the satisfaction
clerk notices. copies whereof are hereto annexed
marked 3D." "E' and IF" respectively.
A NEW SCHEDULE OF PRICES.
And further answering respondent AYERS that
New York, representing the principal real estate
offices and those having the greatest amount oil bus
ness with his Office ut which meeting the committee
schedule of charges for the services usually rem
dered in said Office was adopted by them. and that
such schedule was adopted and was posted i'll con-
spicuous pace in respondents Office and he immedi
ately instructed his subordinates, in the most posi-
tive manner. that they must strictly adhere to the
schedule of charges posted, and this has
since that time unquestionably been done by them.
And answering the third charge respondent denies
that, in disregard disobedence of the statutes of
this State at the time therein alleged ut any other
time, he knowingly took or received or demanded
received or demanded the several sums therein set
forth. for recording in the books of his office the
legal Instruments or documents therein mentioned
and described; and further answering said third
charge respondent reiteraes each and every matter
Automatically stated in answer to the second charge.
GENERAL DENIALs
And this defendant q general further answer to
all of the aforesaid charges OK neglect OF duty NAL
feasance in office. malversation and extortion re-
That before his election to the office Of Register of
the city and county of New York he had been for
which were upon the bench Of the New York Common
Pleas. and had never had any special business
ter aoaesad Tna beyond thee general
that he to be paid for his services
in such Office through fees, he had no knowledge
whatever either the rates which allowed by
law which had heretofore been charged by and al
lowed to his predecessors in such Office. That when
he instructed his deputy to obtain such schedule
the retiring deputy he supposed that the proper
and legal fees for all services beyond dispute and
had been settled many years heretofore. That.
therefore he was much safer in readopting such old
schedule of rates than he would be in attempting.
with his comparatively limited knowledge. OF tine
personal examination OF the various stat
utes of this State referring to the same.
That the schedule of charges made by respondents
deputy made in entire good faith and in the be.
lief that the same was fully authorized by law and
completely and absolutely satisfactory to the
profession. That no complaint to fees charged
was ever made by any person, except is herein
stated until about the month Of September last and
then upon the first ntimaton of any dissatisfaction
suggestion that improper fees We're charged.
said respondent. of his. own motion, and i'll
order TO comply WIN tne law In case
the first time careful examination of the Statutes,
and having satisfied himself that certain charges
which had been made and allowed tor more than
quarter OK century, without objection by his pre-
deccssors in Office, were of doubtful validity, this
maintained the of fees to which, according to his
belief, ami he is advised by counsel no wen
founded objection can be made.
THE FULLEST IMPORTATION TENDERED
That when he was called upon by the coWmittee
of the Bar Association he proffered to them every
assistance in the prosec uton of their duty and at
once assentcd the plan proposed by the Chairman
of said committee. and in thus asserting this
respondent actuated and controlled more by his
desire that no charge should be made to which
respectable a body as the Bar Association could
reasonably object than he was to secure even the
full fees to which he entitled undeD the law; and
the failure of this plan OF settlement. through
which complete and substantial reform of all
heretofore existed. in degree chargeabe to this
respondent. And, finally, when this method of
reaching result. not more desired on the
part of the Bar Association than it
and is by this respondent, had failed
this respondent, in good faith, called to
his aid number of the representative
OF the profession having the most business with his
Office. and submitted to them the whole question
to fees and charges Upon their advice this respond
and maintains and adheres To- a schedule OF fees
and charges. which this respondent is advised and
believes to be much lower than might properly and
legally DO enforced, and in thus acting he aud is
DESTROYS. he has been at all times since his election
to the Office aforesaid, OF meeting the views and
wishes of those doing business with his office.
without special regard to his own eniouments,
much preferring and intending at all times TO charge
less than the law allows. rather than aud ut all
times preferring to submit to unreasonable demands
the reduction of his than to be charged
unjusty, with exceeding the legal limit or with
tortion.
INTENTIONAL ovERcHARGE.
And this respondent submits that ii due attention
be given 40 the claim set up in this answer for
proper and reasonable fees for making and scaling
certificates, indexing records and Tor returning 10
the parties Mt their residences places OF business
the papers left for record, that the same would
more than equal all erroneous mistaken
charges, IL any such have been made;
and this respondent expressly claims that IL any such
charges have been made they were made unwittngly
and through by the deputies and subordinates
OF the respondent and in violation OF his express
orders. given first on the day of his assumption of
his duties Register. and frequently repeated in
writing since that time. as will appear by the