In re Woodbury

• Decision Date: 01 January 1881
• Citation: 7 F. 705
• Parties: In re PETITION OF WOODBURY.
• Court: U.S. Court of Appeals — Second Circuit

7 F. 705

In re PETITION OF WOODBURY.

United States Circuit Court, S.D. New York.

January 1, 1881

Charles H. Woodbury, in person.

Joseph M. Deuel, opposed.

BLATCHFORD C.J.

The petition in this case is presented to this court by an attorney and counsellor of this court. It sets forth that the clerk of this court demands, for searching the records of the court for judgments, decrees, or other instruments constituting a general lien on real estate, and certifying the result of such search, 15 cents for each person against whom such search is required to be made, and also 15 cents for each and every folio of such certificate, together with the sum of 20 cents for affixing the seal of the court to such certificate, when such seal is not required to be affixed; that said clerk is not authorized to demand any fee for the folios of his certificate, or for affixing the seal unless he is required to do so; that the petitioner left with said clerk for search and certification a requisition, of which the following is a copy:

'The clerk of the circuit court of the United States for the southern district of New York will please search in his office for judgments and all other liens upon real estate against Eugene L. Bushe, for 10 years last past, and certify the result in writing for Charles H. Woodbury, 33 Pine street. ' -- That the said clerk proposes to give to the petitioners a certificate of which the following is a copy:

'Circuit court of the United States for the southern district of New York, I, John I. Davenport, clerk of the circuit court of the United States, in and for the southern district of New York, do hereby certify that I have searched the records of said court for judgments, decrees, and transcripts thereof against the following-named person, for the period designated herein, viz. Eugene L. Bushe, for ten years last past, and I do not find remaining or unsatisfied of record any judgment or decree against any of them, except as above set forth. In testimony whereof I have hereunto set my hand and affixed the seal of said court at New York this day of . . ., A.D. 1879.

. . . (SEAL.)'

-- That said clerk will not give said certificate to the petitioner unless the petitioner will pay him 65 cents, as follows: 15 cents for the names searched against; 30 cents for the certificate, charging at the rate of 15 cents a folio, there being more than 100 words, including the attestation clause but not 100 words excluding the attestation clause; and 20 cents for the seal. That the practice of the former clerks of this court was to deliver the requisition to the party leaving it with the clerk, with the clerk's certificate thereon, which consisted of a brief reference to the liens, if any were found, and the words 'none others found,' or, in case no liens were found, the words 'none found,' with the same of the clerk or searcher affixed; but that said clerk has introduced the practice of keeping to himself the requisition, and delivering a certificate of the character above set forth. On this petition the petitioner has applied to the court for an order that...