Abbildungen der Seite
PDF
EPUB

cases which shall be necessary' new, to include charges which are sanctioned under the present law, with a qualification that they shall be necessary, according to 9 of the act of 1818, p. 280. As it will be proposed to make the folio uniform in all courts, and to consist of 100 words, the present allowance of nineteen cents for every 72 words is altered to twenty-five cents for each folio, or 100 words, as a readier sum to calculate; it is less than the present allowance."

To Item 5. “It is proposed to abolish the present allowance of 124 cents for engrossing, and to make the fee for engrossing and copying, uniform. Ten cents for every 100 words, upon an average, will not increase the amount usually taxed at the rate of 124 cents for engrossing, and six cents for copying every 72 words."

To Item 6. "Varied from the present law, by prohibiting all allowances for motions upon confession, except that enumerated.”

To Item 10. “This enlarges the fee in this case, fifty cents; which is believed to be but just, and is conformable to the allowance in the common pleas."

To Item 11. “Varied from the present law, only, in enlarging the enumeration of cases declared to be within its spirit, and by contining the allowance for attending prepared, to cases where such attendance has been compelled by previous notice of the adverse party, contrary to the construction in 3 Cowen, 24, with a view to prevent the unnecessary notice of causes, when there is no prospect of reaching them.”

To Item 15. “Varied in abolishing the distinction, whether before or after issue, &c. and reducing it in one case from 75 cents, and in the other raising it from 373 cents.”

To Item 18. “Attendance on balloting a jury, omitted, as there is no such service; and the fee for attendance on striking a jury, rednced, while that of attending the examination of a witness is increased.”

To Item 19. “The last item is new; it is believed to be not more than just, if the sum is quite equivalent to the duty.”

To the S. “In the foregoing enumeration, the following items in the present law, have been omitted: “Drawing a postea, seventy-five cents:

Entering judgment on the roll, thirty-seven and a half cents: “Notice of trial on the clerk, twenty-five cents: " And the charges for warrant of attorney.

“The first is included in other drafts; the second is included in copying; and the third is abolished; see § 9, Title 4, Ch. 7, 3d Part. By discontinuing the use of venires, the charges for that writ, amounting to $1.373, and motion to return it, 62 cents, making $2, are abrogated. Other existing charges will be abolished in the general sections in this title."

[S 20. Same as 19 R. S.] Original note. “Several special provisions made general.”

(S 22. Same as $ 20 R. S.] Original note. “The provision respecting solicitors in chancery, 2 R. L. 13, extended and guarded, so as to include disbursements for necessary exemplifications, &c. according to 18 J. Rep. 336."

[S 24. Şubstantially same as § 22 R. S.] Original note. “$ 4, same act."

(S 29: Enacted with some alterations 27 R. S.]

Original note to fee for drawing all other pleadings, &c. “This is an enlargement of the present law, so as to embrace services usually deemed within its meaning. For the reasons before stated, eighteen cents for 100 words have been substituted for twelve and a half cents for 72 words; it is about half a mill over the present allowance.”

To whole . “In the preceding enumeration, the following items allowed by the existing law, are omitted:

“A warrant of attorney, twelve and a half cents;
“Drawing and copy of a plaint, nineteen cents:
“Notice of trial upon the clerk, twenty-five cents :

“And by abolishing venires, a usual charge of motion to return venire, twenty-five cents, is also abrogated.”

(S 30. Enacted with some variations $ 28 R. S.]

(S 31. Same as $ 29 R. S. except that in the first item, the words, any offence,” were altered to any violation of the laws concerning the internal police of the state," and the items in the enacted statute after “receiving and entering a verdict," &c. were inserted by the legislature; and the following clauses were reported, but not enacted:

“Drawing a conviction pursuant to any verdict, one dollar:

"A warrant of restitution, or to put any party in possession of lands, thirty-seven and a half cents:

“For a view of premises alleged to be forcibly entered or detained, one dollar:

“For drawing and certifying a conviction thereon, thirty-seven and a half cents."]

IS 32. Enacted with various alterations $ 30 R. S.

Original note to the section. In the foregoing tariff taken from 2 R. L. p. 24; Laws of 1818, p. 281, of 1823, p. 425, there is a small reduction in the eases specified. The following are omitted:

"Entering judgment, twelve and a half cents; “Entering a recognizance of bail on record, twelve and a half cents.

“As there are no such services performed by clerks, the rule for judgment is entered by the attorney, and a bail-piece is filed like other papers. By the abolition of plaints, precipes, warrants of attorney and venires, and the returns thereto, a considerable reduction will be made. It is proposed to place the fees of the register of deeds in New York, on the same footing as those of clerks of counties. He is therefore named in the caption."

[S 35. Same as ý 33 R. S.]

Original note to Item 2. “Varied from the present fee bill, 2 R. L. 29, but conformable to the probable intent of the act for the amendment of the law, 1 R. L. 524, Ø 20, in allowing travel fee to witnesses within the county, as being but just. The addition concerning foreign witnesses, in conformity to decisions of the supreme court, 4 J. Rep. 311.”

To Item 3. “Existing provision enlarged.”

To Item 4. “By the present law, $2.50 is allowed to a surveyor for bis services on a view, and $1.25 for attending the trial. As views are in most cases abolished, it is conceived that a general provision like that proposed, will be more useful and more just, than the existing allowance."

[S 36. Same as $ 34 R. S.] Original note. “Provision is now made for the employment of surveyors in the cases specified. A regulation of their taxable fees, will prevent any abuse of discretion in courts or officers."

[S 37. Same as $ 35 R. S.) Original note. “New. There is no allowance prescribed in partition; but the supreme court have adopted three dollars, 8 Cowen, 115. In dower, conformable to $3, 1 R. L. 61."

[S 38. Same as 36 R. S.] Original note to Item 1. “$ 4, 1 R. L. 517, allows $1 per day for attendance, and reasonable expenses besides. It is conceived that the sum proposed is more just, and that the expenses ought to be limited.”

To Item 2. “New. Referees are now liable to be called on for a special report; and it is hoped the practice will be more generally adopted. Some compensation for the service should be provided.”

(S 39. Enacted with material variations 37 R. S. The as reported proposed an allowance of $1 per day to jurors, instead of which the legislature conferred a discretionary power on the boards of supervisors to direct such an allowance.]

Original note. “The existing allowance of 25 cents for each cause, seems generally allowed to be grossly inadequate. Jurors are officers, to whom the administration of justice is entrusted in the most important cases; and it is not perceived why they are not entitled to adequate and specific compensation, upon the same principles and for the same reasons, as judges. It is believed that the burthen upon the different counties will be very light, while the amount proposed is scarcely sufficient to pay the ordinary daily expenses of a juror. The principles upon which this allowance is proposed, bave been recognized by the legislature with reference to the county of Albany, by the act of the 16th of April, 1825 (Laws of 1825, p. 294); and petitions are now pending before the legislature for a similar provision in regard to some other counties.”

[S 40. Enacted with various alterations ( 38 R. S.] Original notes.

Preliminary note to the S. “The services of sheriffs in executing process of different courts, are, in fact, precisely the same; and it is believed that general convenience will be promoted, by rendering the compensation uniform. It will be better known, of course there will be less danger of abuse. For these reasons, it is proposed to consolidate the different bills of sheriff's fees into one.' To Item 1. “The present statute has been construed to extend to these

Citations are issued by the comptroller and by surrogates." To Item 2. “The general rule in the act of 1813, 2 R. L. p. 19, was that travel should be computed from the residence of the sheriff. This gave rise to sundry exceptions which are contained in that act, and to a multitude of special laws, the general object of which was, to substitute the court house as the place from which the computation should be made. This principle has been adopted in the preceding clause, and has been modified to the case of two or more court houses. The exception of Oneida is introduced, in consequence of the act of 1828, p. 13."

cases.

To Item 4. “New; necessary for the purposes of a surrender.”
To Items 5, 6. “New."
To Item 8. “Varied, by omitting the expression 'if served.""

To Item 9. “In the supreme court, the fee is 2 cents 4 mills per dollar, on the first $250, and 1 cent 2 mills on every additional dollar; in the common pleas, it is in the first case, 6 cents, and in the second case, 3 cents. The sum proposed is a little more than the supreme court, and considerably less than the common pleas allowance. The sums proposed are one-quarter and one-eighth of ten per cent, and are convenient for the purposes of calculation.”

To Item 10. “The present fee increased 127 cents, for the purpose of having an even sum.”

To Item 11. “The latter clause new; believed to be within the meaning of the present law.”

To Item 12. “New and declaratory.”
To Item 13. - The latter clause new."

To Item 14. “New. The supreme court has decided on a case not reported, that these charges, and that for a deed, cannot be made against the defendant in the execution.”

To Item 15. “Ş 14, act of 1810, p. 281, varied in allowing him to charge the fee absolutely, whether he draws the deed or not.”

To Item 16. “The clause allowing $3.75 for service with the aid of the posse comitatus, is omitted, as unnecessary and inexpedient. The residue of the clause extended to analogous cases.”

To Item 17. "New. It is believed the fee is now taken under the allowance for 'every person committed to prison, 374 cents,' as it is not perceived how that fee can otherwise be collected; for it is difficult to tell which party is bound to pay it. It is proposed to omit it, and substitute the foregoing, as a necessary provision to prevent exorbitant charges, said to be sometimes made. It is also proposed to omit the fee of 374 cents for discharging from prison, as one that falls very heavily upon those most unable to bear it. Its loss will be more than compensated by the extension of the fee on returning writs.”

To Item 18. “ Act of 1818, p. 281, § 14, the copy of a panel omitted, as there will be none."

To Item 19. “2 R. L. 20, and repeated in § 14, act of 1818, p. 282 ; extended to other cases where the sheriff may summon a jury.”

To Item 20. “The present fee adapted to the only case requiring it.”

To Item 21. “To provide for juries in insolvent cases, in proceedings to obtain possession of land,” &c.

To Item 24. “New. The habeas corpus act, 1 R. L. 354, allows the judge issuing the writ, to fix the compensation, not exceeding 121 cents. It is conceived that it had better be prescribed by law absolutely.”

To Item 25. “The existing provision extended to other cases."

To Item 27. “The present law, 2 R. L., 20, and Laws of 1825, p. 370, allows so much as the judge shall certify to be reasonable. It is difficult, in such cases, to exercise a sound discretion, impartially; and it is conceived as a general principle, that its exercise should be prevented as much as possible. The test proposed, is, in itself just, considering the responsibility of the sheriff, and will ensure vigilance." (This

clause was stricken out by amendatory act of 1830, chap. 320, $ 56, and new one substituted.]

To Item 30. “Conformable to act of 1820, p. 183, concerning Indian lands."

To Item 31. “New. The sum proposed, is that understood to be usually allowed for notifying elections. The publication is required in § 9, Title 3 of Ch. 6, 1st Part R. S. At present, these charges are audited by the court of exchequer, and paid by the state. It is conceived that they are properly, local and county charges."

To Item 32. “There are many cases, as distress for rent, on chattels doing damage, &c., where sheriffs may act, as well as constables. The provision forfeiting a sheriff's fees on process, for not returning it within a certain time, is omitted, as inexpedient.”

[S 41. Same as $39 R. S.] Original note. “To compensate for services required in $ 89, Art. 8, Title 6, Ch. 7, 3d Part, p. 99."

[S 42. Same as $40 R. S.] Original note. "Items 4 and 7, new.”

(S 43. Same as $ 41 R. S.] Original note. Last item new. The provision excepting New York is found in the original act, but its utility is doubted."

[S 44. Enacted with some alterations $ 42 R. S.]

Original note. “New. In the canal laws, there are provisions requiring such services, and providing for their payment by the party requesting them. There are, or probably will be, many other similar cases, for which provision seems necessary, to prescribe some rate."

[S 45. Same as 43 R. S.] Original note. "Ş 28, 1 R. L., 471, as modified by § 1, act of 1821, p. 249, which now applies to the state printer only, extended to all printers.”

(S 46. Same as 44 R. S. $ 47. Enacted with alterations § 45 R. S.]

Original note. Act of 1818, p. 235, extended to all legal notices and proceedings, as being equally within the principle of the act; the publication of notices being required in this revision, in numerous instances where they are not now required. The rate proposed is nearly that in the act, although a fraction less; except that the provision concerning insertions after eleven, is new.”

(S 48, 49, 50. Same as $ 46, 47, 48 R. S.] Original note to $ 50. “New; to provide for a class of cases wholly omitted in the act of 1818."

[$ 51. Same as $ 49 R. S.] Original note. “New; proposed to guard against fraudulent publications, and to provide the means of proving the facts required to justify notices in the state paper, or in other papers."

IS 52. Same as $ 50 R. S.] Original note. “Residue of same act.”

(S 53. Same as 9 51 R. S., except that the words "fifty cents," were stricken from the allowance, by the legislature.] Original note. “The words after 'interested,' new." “Title IV.-General provisions concerning the fees of officers, and persons to

whom any allowance is made for services.” (S 1. Same as enacted.] Original note. “New; in the 4th part, provision will be made for services in criminal cases."

« ZurückWeiter »