New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-12-21

YER MAY RESULT IN a NUMBER OF SUITS
TO RECOVER MONEY PAID.
The city of Brooklyn IS threatened with an en-
,.rrassinp number of claims to recover moneys
illegally paid into IT'S treasury by reason OF 'he
practice of the clerks In the CIVIL Justices courts
of exacting fees from litisants. for winch IL II
claimed there Is no warrant of law. The system
has been in vogue since 1877. and as the over
charges have been from 75 cents 10 81 in each case
IN. aggregate sum- IL may be seen, Is great Inc
,brea civil courts average fifty TO sixty cases uay
and I'm every case tax OF 10 cents TOT liidi Iee
has been levied Section 1922 OF the Code OF Wv"
Procedure regulates the Justices fees. but no
charge for trial fee is allowed In cases where de-
fault il taken 10 cents IS charged for swearing
the plaintif. for the purpose Of proving interest
in the claims.
According 10 a recent decision OF Justice CAV
nor the Justice himself ia obliged TO compute the
interest in every rase where q verified compa'h'
Is submitted
LAWYER named s,apeton appeared In Justice
Ne,fs district court three weeks ago, IN Dehai
of a client who conducts a debt-coilec''ng busi-
ness He had batch OF cases for his chenl d
verified complaint in each one being preseh'eu'
Mr. Stapleton demanded judgment when was de-
MED by Justice Neu. the lawyers REFUSAL 10
pay the charge of 81 % In each case. Mr. Staple
ton argued that the charge for trial Zee was
clearly Illegal, and that ground refused 10 pay
IT, He refused to his client in order 70
prove interest. he was Wiling 10 waive '''A'
claim. He refused to pay twenty-five cents LOT
transcript of the judgment in each case. ior 'he
reason that he did not desire it. He was willing
TO pay only the legal fee OF twenty five cents ior
entering up the judgment In each case MI MI, 80 ~,
pleton quoted the section of the Code bearing, o'
the question and also Justice Gaynors ueciS,o.i'
but the Magistrate stcadfast in his reiusaI "
give judgment. Counse! quoted Sectioh oi-o "a ~
Code, which makes IL obligatory TOT ~ JusuNc ~
render judgment On q verified comp aini, AIM Wow
Justice Neu refused to take the lawyer we"
Of the matter and ii hung fire until ten ud's u.s.
when Mr. StaDleton gave Justice Neu tie aItei,ii
Then the Magistrate concluded TO submit the ques-
lion TO the Corporation Counsel Tor occasion; l.,
CORPORATION Counsel Burr was consulted anu ne
referred the matter to his assistant. kcharn Is
Greenwood. That official ordered clerk MVial' "a
Justice Neu's court, charge no more than thc
legal fee Mr. StapletOn demanded a written opiIi-
ion but this il is said. was refused. ana MI ola-
pleton was advised not 70 let the Inatter become
hubble Mr. Stapeton was only too VIKING 10 nesu
The advice ne feared that the Legislature might
lake action inimical 10 his clients interests
The lawyer reluctant TO ADMIT the lacts. ou'
he finally agreed TO give them as they are ptesent
ed He also attacked the charges leNled oy tne
constables. They levy the UNIFORM Zee OF - u ~
Gal according 10 Section 1923 OF the CIVIL Coce 10y
The provisions of that section the constaDles arr
allowed to charge % cents for the service OF eacH
summons and 10 cents mileage
The system is a legacy from the oldef- tihie meth
cd of Charging fees when the places Of civil Jus,
tices were fee offices The justices are no" paIu
81 OOO a year. so that all OF the fees op'alheu aie
supposed 10 be turned into the city treasury. nov
that the matter has become puDic; II Is posSiu,ie
mat some enterprising lawyers will take up tne
Thousands of claims and that the city VIII De pa1i!
embarrassed unless the Legislature taxes dc'ioil
and legaZes the charges.