The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-03-27

Creditors accepted to the amount of SIT GGS.l7.
We publish the above that our people may
know how consistent our Legislature was In
SEEKING TO lower the pay of the jury boy, and M
IN trying TO fix a low rate for publishing ofh-
cial advertisements in the newspapers.
In the above IL will be seen that the printer
received one dollar on his job or printing on
which there was Il profit possibly OF twenty
cents.
The lawyer who drew the assignment re-
relved 500 Tor his services in writing the pa
per, which Is merely formal document, with
i reasonable number OF ''whereases" and
"iherefores" the drawing OF which was wort b,
ut liberal price, say $40, and Tor advice dur
ing the administration he should have receiv-
Ell perhaps Sl5 additional.
In winding up an esLate. OF less than $1,000,
which was sold in bulk, and which perhaps
VIII cover period OF only short time the
moth Ing was even attempted by our Legisla-
ture to provide for cheaper mode OF settling
iDsOlvent estates.
Because of the great expense Incident TO the
former practice Of appointing referees In GER
tain cases, the Master Is now charged with
the matter Of the accounting, and rendering
judgment. His costs are perhaps one-ilth or
hs reeTee Of like sSe
Probate Judge. or the Public Guardian. SHOULD
be required lo take charge OF insolvent es-
tates. He should be made county assignee. to
ted. The Probate Judge, the Master.
ur other pubic officer. entrusted with this
work could have saved about $50 OF the law
yer's fee and about 5000 Of the commissions,
and that much more would have been lett 10
divide between the creditors.
In this, we make no charges against any
body. 1t Is the system, or the rule, 10 which
we object, and we cite this case only as
We believe that the itemized state.
ment above published is only the histo-
ry Of every other assigned estate. with OF
course unimportant changes In the itemized
account. a Legislature that would look after
the Interest Of the people, should OF course
provide against The waste OF insolvent estates.
There IL no earthly reason why the settlement
of an assigned estate should cost anywhere
from five o twenty times as much as the SET
Element of the estate of a deceased person.
Another noted objection which we
have to the report In the estate o. >. W: Dack
lees. s20O. There Is not the least & adow OF
lawful authority for making the drawing or
the assignment paper preferred clhlin on
the estate. The drawing of that paper was
an act precedent to tha assignment and the
attorney for that work has no better claim on
the estate for his work, when he knew the es-
tate was insolvent, than we have FOR our ac-
count for printing which was done at time
when we thought Mr.. Duckett was solvent.
There Is not man on the face OF the, earth
that does mol know that 500 Is an excessive
fee for drawing one Of the simpie.I OF h the
insolvency Of his client, and IL be undertook
to work for him he should have demanded
cash for his work. or else put In his claim Ut q
fair price and take pro rata sharew with the
rest OF us.
We believe II protest was entered Mt the
right time, that there Is not court on the lace
of The earIh that would sustain charge OF
500 for drawing simple assignment ana
then order the bill to be paid as preferred
claim. We further believe that there IL not
q solvent business man, whb has proper re.
gard for the safety and preservation OF Dis es-
tale, who would pay SNW for paper
which he might easily enough secure for SD.
The legal form Of assignment Is about as SIM
pie as the ordinary mortgage OF land, ana we
see no reason why blank forms OF ASST gnment
should not be had, even as such blank mort
cages are furnished.
OTHER COMPLAINTS AGAINST THE LEGrsLA-
TURE.
Several wears ago, the form Of what is
known as "Scotch mortgages" was adopted,
in which the mortgagor gave the mortgagee
power to sell in case OF failure to pay. This
was done with view 10 saving cost but the
last Leg lslature passed Law when. II not LIZ Ia;
that effect, to the greal injury and oppression
Of many debtors. Now, when the creditor
fears the margin Is not sufficient TO pay the
debt and the costs. he must himseii enner
pay the lawyer fee or cause his debtor TO
pay II. Where small tracts Of land have been
in0rlgaged, the subjection OF heavy costs IL
the collection infiicls wrong to the creditor or
else II Is oppression on the small landowner
who Is struggling to get a homestead.
The consistency Of requiring a printer to do
a few dollars worth OF work at three fourths
It's value. and dong nothing TO protect unfor-
tunate creditors from charges like the ABOVE
is perfeGtly apparent.
The consistency OF reducing the number OF
trial Justices to save a few dollars while al
lowing small estates To be wiped ont OF exist
ence by legal fees aud charges Is also appa-
rent. o,
The consistency OF paying lawyer $500 for
few hours work In his office. while requlr,
ing the citizen 10 travel miles and pay hotel
a day, If the witness is ~ material witness.
Is perfectly clear. or course the citlzen,
when summoned TO court, must come, and
whether he is or Is not "a material witness p