The Mount Holly news., 1919-12-09
THE COUNTY CLERK SEARCH
QUESTION


ing questions were published in Il
Herald and News:
| Will some one explain by what a
thority under the law it is the duty
| the county clerk to make and certi1
! searches, and if it is not his duty no
can recovery be had if an error |
made?
Can recovery be had against IL
county clerk for the performance {
an act not made a duty by law?
Can recovery be had against I'll
clerk who does not receive the fees?
These questions were submitted t
the several county clerks in the stat
and the following are their answers
which has been added the conclusion
of the Burlington county officials:
Bergen Co. George Vanbuskirk, Clerl
Would say this office had an off
clal searcher up until about tw
years ago, at which time we discon
tlnued his services in this office.
"The income from this sourc
amounted to only about four or fiv
hundred dollars year and the sal
ary paid was eighteen hundred, S,
it was a losing proposition to tn,
office"
Cape May Co. A. C. Hildreth, Clerk
st has been my understanding
since taking office under the salary
system ten years ago, that it ha.
been optional with the clerk if he
makes searches or not.
81 chose to make them and am still
continuing to do so. One of oul
clerical force devotes the greater
part of his time to that work"
Co. L. HI. Hogate, Clerk
1T has always been the practice in
this county for the clerk to make
and certify such searches as came
to him in the usual course of busi-
ways been of the opinion cmfwyr
ness and to pay over the fees there
for to the county. Personally.
have always been of the opinion
that there is no liability on the part
OF the clerks bondsmen for any
error or omission therein, as it does
not strike me that the making OF
searches is one of the duties requir-
ed of the county clerk"
Co. E. w. Delacroix, Register
Telephones that Title Companies
do practically all the work in that
county, and receipts are not worthy
of mention.
Essex Co. Walter A. Evans, Register
we employ a lawyer whose bust
ness is confined to real estate
searches very largely. The under
standing with him is that he shall
do all the searching for this depart
ment and receive such compensation
as the law allows the Register to
charge, less fifty per cent; in other
words, he works on the piece price
for such work as we have at the
rate of fifty per cent. of fee allowed
by law.
During the year beginning No
vember 16, 1917, and ending No
vember Is, 1918, there were nine
such searches, total $12976, of
which my official searcher received
$64.88."
Gloucester Co. Oliver J. West, Clerk.
II would say that 1t has been the
custom in this office for a number
of years to employ search clerk.
whose salary, at this time is $1,700
per year. The duties of the search
clerk, outside of making searches,
is to write up the court minutes and
tax costs. The amount of income
from searches in this office for the
past year has been approximately
between 81 300 and $4,000. We are
very fortunate in this county to
have a man employed as search
clerk who is member of the bar
of this state and has been connected
with the Office for a number of
years in this capacity.
'The question has come up several
times as 10 the advisability of dis
continuing county clerks searches
in this county, and l, personally,
feel that If it were necessary for
me to obtain a new search clerk,
would be in favor of discontinuing
the searches"
iunterdOn Co. Judah Higgins, Clerk.
I'VE agree with your understand
ing that there is no obligation on
the part of the county clerk to
make searches, and rather than
raise any question as to the legal
result of certificate to a search.
we do not certify to a search if we
make it.
'On the other hand, we seldom
make a search. If it is a search of
any size we refuse point blank to
handle it. We do occasionally make
short search, or sometimes to
bring a search through a period of
few months up to date, making a
charge which will about cover the
time used for the work done. 1t is
possible that we collect $100 in the
course of year in this way, but, of
course, that is taken as a part of
the receipts of the office and turned
over to the county.
Naturally we do not employ a
search clerk"
Hercer Co. John III. Fetter Clerk
Advise that since our office was
changed from the fee to the salary
basis in 1907, we have had no calls
for searches, consequently, have
employed no search clerk; / think
the reason for this being the ques-
tion of liability for any errors that
may be made in the searches"
Norris Co. E. Bertram Mott. Clerk.
My suggestion in the matter would
be to write this same letter to the
attorney general of the state, and
get an opinion from him in the
matter.
Il do not know of any specific law
in the statute books either requir-
ing or compelling a county clerk to
make official searches. There is, of
course, some room for doubt in the
matter, as the law regarding fees,
ETC., prescribes the amount to be
paid county clerks for official
searches, and it is a fair inference
that he has the right to make a
search and charge for it, although
it may not be his absolute duty.
"While wesmake a number of small
searches in this county, l have con-
sistently refused for the past few
years to take on any extensive
search, for the reason, that we can
not give our time or attention to
searches in this county. Your of
flee is the same as mine inasmuch
as you are both county clerk and
register of deeds, and if your office
is as busy as this one, as l under
stand it is, know it is impossible
to run all the courts, naturalization,
elections, and all branches connect
ed with the county clerks duties, to
say nothing of the registers end OF
the office, and give very much time
or attention to searching. Just
how far the county clerk might be
held responsible for errors am un.
able to says and, for that reason, dc
not propose to sign my name to any
big searches, which l do not have
the time to personally superintend.
Ocean Co. John A. Ernst, Clerk
'..This Office holds that under the Law
it cannot be compelled to make of
cial searches under the seal of the
clerk, and there seems to be no pro
vision under which the county Of
the clerk could be held responsible,
for errors that might be made il
the work of such searching, and thi,
office has done no searching sine,
the clerk and like officials came un
der the salary law