The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-08
TAMsES DoCToRED THE Bill.
Tho Sheriff scoIded for q BIE OvercharEo in
His Auctioneern' Fees.

His Auctioneers' Fees.
The cars of Sheriff Hansen were made to
tingle by the Supreme Court yesterday in a de-
cision handed down by Justice Russell, in which
he lops Off a large part OF the Sherif's bill for
services in selling the effects OF Sypher s. Co..
dealers in articles OF vertu. The firm went un-
der as the result Of several judgments, the first
and largest OF which was taken by Henry La
zinsky for $s3. 4O4. Counsel for some Of the
creditors claimed that because Of a subterfuge
OF the Sheriff he should lose all his charges,
but Thomas Allison, to whom the case was re-
ferred. saws that the whole bill cannot be thrown
out on this ground, and the court in this respect
sustains the referee.
When the Sheriff seized the effects Of the firm,
which were supposed to be worth $500. 900, it
was decided that II would be better 10 have
them sold by Kirby & Co. at the American Art
Association rooms. as they would fetch moro
that way than If sold BY kleinau, Lntz & Co,
the Sheriff 5 regular auctionoers. Kirby * Co.
offered 10 take the job for 10 per cent. providing
they did not have to give klelnau. LutZ & Co.
moro thh., Dig DER cent. But klcinau. Lutz s
they would have TO charge lOla per cent. The
usual charge in the Sheriff, office is 5 per cent,
and Tsmsen did not want a bill OF 1912 rer cent.
for auctlonec.s charges on record, therefore
Kirby & Co. were instructed TO make their bill
to fiji ii out with other charges SO as to make
the aggregate loi2 per cent The way they hlled
IL up is as follows:
Csu / force at the art gal ertes............ 1885 90
Extra labof 2I3 20
Printing ................. .............-... 5l3 90
Setting up ss 90
The record suited Hansen. so he added his
other charges. making the total bill for services
Sls.3l9.ss. All but Creditor azinsky. who was
sure of his money. as his lien came hrst, kicked
g, the bill but Referee rec Allison allowed the
606. &c. With regard TO the auctloneers' bill.
the referee says: .
the bill and in the Specifications OF items were
made for fraudulent purposes and with e view
to mislead and deceive the Court, the referee.
and counsel Tor the contestants, and that the
whole bill should be disallowed. The referee
says that in any event the Sheriff would be en-
ing the action Of the sheritf says: The Whole
matter was a mere matter OF form. and the con-
fusion arose from an honest attempt to con-
form the lorm OF the bill TO the requirements
made by the Sheriff in pursuance OF the rules
aid practice of his office" The referee does not
say what the rules and practice OF the office are.
but it appeared before him that il is customary
to charge but . per cent.
OF the referee in the charges OF the auctioneers,
but cuts of the 8 per cent. which was to go to
So, pa. 90. and also disallows a further item OF
1917 50 for ADVERTISING. The Justice says:
referees report that the official auctioneers
performed no additional services emitting them
10 compensation beyond that paid TO the actual
auctioncers. II is also plain that without the
Intervention OF the Sheriif's auctioncers Kirby
& Co. would have performed the services for the
commission of zig per cent. and the 3 per cent.
would have been saved to the fund. II the fact
that the Sheriif,s auctionecrs had given official
bonds to the Sheriff WAS Of Importance the
Sheriff could have required Kirby * Co. 10 have
done the same for this special occasion: :
1T is ngainst the rules OF public policy tn 1t
quasi officials like the Sheritf's auctionccrs
should be allowed, under the stress OF legal pro.
cess necessarily committed TO the Sheriff for
execution. to charge for merely nominal duties
when those duties were substantially performed
by other auctioncers who received adequate
compensation"