The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1891-02-20
b e L A 1 r, Nd.
Friday Morning, February 20, 1891.
Mr.. Aliens Charges Not Sustained.


The Grand Jury, in their report, say they
have examined into the allegations of Mr.. E.
nj. Allen that excessive fees are charged by
the Clerk of Court and Register of Wills, and
the conclusion to be drawn from what they
state is that no wrong has been done to the
public in this respect. In some cases, they
add, there may have been slight overcharges,
which have occurred, we suppose, in estimat-
Ing the cost of recording paper, but in as
many more instances the fees were less than
strict construction of the schedule of fees
would have allowed.
Mr.. Allen, in making his charges against
the Clerks Office, appears to have overlooked
the fact that in computing the cost of record
ing deed or mortgage, in addition to the
fee OF ten cents for each hundred words the
Clerk, by law, is also entitled to make pro
rata charge for making an abstract of such
deed or mortgage, to be forwarded to the
Land Office at Annapolis for safe-keeping, as
means of preserving the titles to property
in case the records here should be destroyed.
The Clerk is also allowed by law to make adj
dilional charges for indexing each deed or
mortgage, under the head of grantor and
grantee When number of names are
signed to deed or mortgage the cost of re-
cording is materially increased, by these fees
for indexing.
The report fully exonerates the Clerk and
Register from any wilful disregard oflaw.
The attention of these officials is properly
called to the law which requires them to post
list of their fees conspicuously in their Of
fees. These lists were formerly posted, it
was shown, but when the court house was
reprinted, a few years ago. they were taken
down and not replaced. The omission was
inadvertent, and has since been supplied.
The Grand Jury also call upon the Clerk
to collect the fees of his office more closely,
in order that the surplus over and above the
salaries and legitimate expenses of the office,
may be turned into the State Treasury
Much of the Indebtedness to the Clerks Of
flee, 1t Is stated, can not be collected Suits
are brought and after lingering from term to
term, for years, with ever-increasing costs,
are quietly dropped. No judgment has been
rendered, and If the party bringing suit is IN
able to pay the costs the Clerk can not collect
them.
Every citizen of this State has the right,
guaranteed by the Constitution, to bring
suit in court to maintain his rights of person
or property, whether able to pay the Clerks
fees or not. If unable to pay, the Clerk has
no power to enforce payment.
There are but three counties in the State
In which any surplus fees are paid into the
State treasury by Clerks of Court. These are
Baltimore county, where the receipts, by the
last Comptrollers report, were $19, 981S9,
the amount paid to the State being $253.76;
Carroll county, receipts $7,6Oss2 amount
paid to State, 81 ,134.75 Frederick county, re-
ceipts $9,035, amount paid to State, $312Os.
By Capt. A. Lingan Jarrett's report made
to the Comptroller last year, a copy of which
we have seen, the receipts of the Clerks Of
flee of Hartford county for the preceding year
were $5,631.87, or less than in either of the
counties named.
Mr.. G. Smith Norris, Register of Wills,
says the entire receipts of his office do not
equal the salary OF $1,000 allowed him by
law. Last year the entire amount of fees re-
ceived was less than 81 500, and out of this
he was compelled to pay clerk hire and Incl
dental expenses.
The Grand Jury express the opinion that
the Legislature should make plain and SIM
pie fee bill, covering all the work likely to be
done in the Clerks and Registers offices.
The Grand Jury enjoin upon the Clerk
and Register the duty of making stated re-
ports to the Comptroller, as directed by law.
Such reports have been made quarterly from
the Clerks office, but the annual report had
not been made for a long time until last year,
when, unfortunately, it was mislaid at Annap-
oils and failed to appear in the Comptroller's
report.
The investigation has done no harm. 1t
has confirmed the good opinion already held
by the public of the honest and efficient ad-
ministration of the Clerk and Register, and
thrown light on several things which the
public generally has not understood.
Members of the bar who are familiar with
such matters say that the fees charged in the
Clerks office of Hartford county are less than
for similar work in Baltimore city and in
other counties of the State, and that the
Clerks and Registers offices here are not
surpassed in the State for orderly, systematic
arrangement, and promptness in recording
and performing the other duties devolving
upon the Clerk and Register.
The Grand Jury, as far as we can see, per-
formed their duties carefully, impartially and
with due regard for the interests of the peo-