24 May 1893.

P. L. 127.

clerks, shall be paid for their services by fixed and specific salaries which shall be a charge upon the treasury of the county to which each shall respectively belong to the extent (except as hereinafter provided) of the fees collected and paid in by Officers, deputies each officer respectively, or earned where fees are chargeable upon the county and clerks to be treasury, and said salaries shall be paid monthly, except as herein otherwise pro- paid a fixed salary. vided, on the second Monday of the month succeeding that in which his services When to be paid. were rendered; but no warrant shall be drawn for the payment of any of said officers, his deputies or clerks, who shall not have filed the receipt and transcript Warrants. provided for in this act: Provided, however, That all county officers, their deputies and clerks, in offices wherein fees are no longer by law collected or received, shall be paid said salaries on the first secular day of the month succeeding that in which said services were rendered. (k)

P. L. 18.

13. All salaries fixed by this act (except in the case of such officers as may be 31 March 1876 § 6. otherwise provided for herein) shall be paid from the amounts paid into the proper county treasury from the respective offices, after ascertaining and deducting the How salaries to be amount due the deputies and clerks in each office; and if there has not been a paid. sum sufficient for fees received and paid in, or earned and due by the county for services rendered, to pay the full amount of the salary of any officer holding any of said offices, after deducting the amount due the deputies and clerks, such officer will receive only such proportion of his salary as shall be equal to the aggregate of the net fees received and earned by him as aforesaid, during his term of office during such month: Provided, That if the fees in any subsequent month or months, shall exceed the amount of the expense and salary aforesaid, for such month, the deficit of such salary for such preceding month shall be made up from such excess.

Ibid. § 7.

14. The county commissioners, and county controllers, () where such office exists, in all the respective counties coming under the provisions of this act, shall Number of depube and they are hereby constituted a board for their several counties respectively, ties and their salawhose duty it shall be to meet together, from time to time, as they may be required ries, how fixed. by any of the officers whose salaries are established by this act, for the purpose of ascertaining and determining the number of deputies or clerks required for the proper dispatch of business by each of such officers, and for fixing the salary of each of said clerks and deputies: whenever said board is assembled to consider the case of any one of said officers, the officer holding it shall sit as a member of the board so long as the case of such officer is under consideration and no longer, and a decision of a majority shall govern. But if, after such decision is made, any officer shall think that the number of his clerks or deputies is too few, or the com- Appeals. pensation fixed for either is too small, as the same may have been determined by the board, he may appeal from the action thereof to the judge or judges of the court of common pleas of the county in which he is an officer, who shall hear and determine such appeal as promptly as possible, and their decision thereon shall be final. Each of said boards shall keep a correct minute-book of its proceedings in all cases heard and determined by it.(m)

Ibid. § 8.

15. All deputies and clerks receiving a salary shall make oath or affirmation before the county controller or president of the board of county commissioners, Deputies and that they have duly rendered services for which they claim a salary; and said salary shall be paid direct to the person entitled to receive the same.

clerks to be sworn

as to services rendered.

Ibid. § 9.

state taxes.

16. At the same time that monthly returns are made, as required by section two of this act, of the gross receipts of fees and emoluments received by said officers, to and for the use of their respective counties for the preceding month, each of only return of said officers shall make a separate return to the state treasurer of all collateral inheritance taxes collected or earned for the state by him, if any have been so collected or earned, and of all taxes due the state on any writs or legal proceedings or fees otherwise belonging to the state, collected or earned by him; and the amount so returned by any of said officers as received by him for the state, shall made quarterly. be separately paid into the state treasury by him, quarterly, on the first Mondays of April, July, October and January, for which he shall take duplicate receipts; Commissions to be all commissions on the collection of such taxes as are now or may hereafter be accounted for as allowed by law, shall be deemed and taken as part of the regular fees of the officer fees. collecting the same, and shall be accounted for accordingly.

Payments to be

Ibid. § 10. Books to be open

17. All books, records, papers and accounts kept by any of the officers named or included in this act, shall be open to the inspection of the county controller or board of county auditors, who shall have power to examine the same at any time to inspection. he or they may wish to do so, for the purpose of verifying therefrom the monthly abstracts provided for by this act.

(k) This is an amendment of the act 31 March 1876, § 5. P. L. 13. See Catlin v. Hancock, 4 W. N. C. 55. (1) By act 23 March 1877, P. L. 33, to include city controllers.

(m) This section was repealed by act 21 May 1879, P. L. 72, and the councils of the city of Philadelphia were empowered to fix the salaries and number of clerks of all persons whose salaries are paid out of the

city treasury, except those elected by the people, or whose salaries are otherwise fixed by law. But the repealing act was itself repealed by act 5 July 1883, P. L. 182, except as to the city of Philadelphia; and the 7th section of the act of 1876 was re-enacted as to the county of Allegheny. See Commonwealth v. Mercer, 9 C. C. 461.

31 March 1876 § 11.

P. L. 13.

Office furniture, books and stationery.

16 June 1891 § 1. P. L. 314.

Salaries in counties

containing over S00,000 inhabitants.

Ibid.

Salaries in counties containing less than 800,000 and over 500,000.

Ibid. § 2.

Repealing clause.

11 May 1881 § 1. P. L. 21.

Salaries in coun

ties of over 300,000 inhabitants.

18. The several counties to which this act shall apply shall each, at the proper cost of the county, furnish the office furniture, books and stationery required for the use of any of the officers included in this act, and also all needed fuel and the services of a janitor.(n)

19. In all counties containing over eight hundred thousand inhabitants the annual salaries of the county officers shall be as follows:

Of the district attorney, ten thousand dollars.

Of the three assistant district attorneys, the first assistant, five thousand dollars, the second assistant, four thousand dollars, and the third assistant, three thousand dollars.

Of the sheriff, fifteen thousand dollars.

Of the coroner, five thousand dollars.

Of the deputy coroner, two thousand five hundred dollars.

Of the prothonotary, ten thousand dollars.

Of the clerk of the courts of quarter sessions, oyer and terminer and general jail delivery, five thousand dollars.

Of the recorder of deeds, ten thousand dollars.

Of the register of wills and ex officio clerk of the orphans' court, five thousand dollars.

Of the treasurer, ten thousand dollars.

Of the commissioners, five thousand dollars each.

Of the controller, eight thousand dollars.

20. And all counties containing over five hundred thousand and less than eight hundred thousand inhabitants, the annual salaries of the county officers shall be as follows, namely:

Of the district attorney, six thousand dollars.

Of the two assistant district attorneys, the first assistant, four thousand dollars, and the second assistant, two thousand five hundred dollars.

Of the sheriff, eight thousand dollars.

Of the coroner, three thousand five hundred dollars.

Of the prothonotary, six thousand five hundred dollars.

Of the clerk of the courts of quarter sessions, oyer and terminer and general jail delivery, five thousand dollars.

Of the register of wills and ex officio clerk of the orphans' court, five thousand dollars.

Of the recorder of deeds, six thousand dollars.

Of the county treasurer, six thousand dollars.
Of the jail physician, twelve hundred dollars.

Of the county controller, five thousand dollars.

Of the jury commissioners, twelve hundred dollars each.

Of the county commissioners, four thousand dollars each.

Of the county engineer, where such officer exists, three thousand dollars.
Provided, That where the office of county engineer and county surveyor are held
by the same person, he shall receive the salary of the county engineer only.
Of the court interpreter, twelve hundred dollars.

Of the county solicitor, fifteen hundred dollars.

Of the county jailer, three thousand dollars.

Of the county detective, fifteen hundred dollars.
Of the assistant coroner, two thousand dollars.(0)

21. All acts or parts of acts inconsistent herewith be and the same are hereby repealed.

22. The annual salaries of all county officers in the counties to which this act applies, which shall have less than five hundred thousand inhabitants each, and more than three hundred thousand, shall be as follows, namely: Of the district attorney,

$5,000

And for the purpose of securing to the district attorney the full salary
provided by law, all sums collected by him on forfeited recog
nizances, shall be estimated as fees of his office, for the purpose of
paying said salary.

Of the assistant district attorney,

2,000

Of the sheriff,

6,500

Provided, That where the office of county surveyor and county engineer are held by the same person, he shall receive the salary of the county engineer only, and shall have authority to appoint a deputy, whose annual salary shall be eighteen hundred dollars, to be paid out of the county fund, in like manner as county officers are now paid, and said deputy shall be subject to removal by said surveyor and engineer.(p)

Of the county commissioners, each,

Of the county auditors, each, where such office exists,

Of the county solicitor,

Of the county jailer,

Of the county detective,

$2,500

500

800

2,500

1,200

2 June 1887. P. L. 301. Salary of county engineer. Deputy author

ized.
Salary of deputy.
Removal.

23. The salaries of all county officers in the counties to which this act applies, 31 March 1876 § 14. which shall have less than 250,000 and over 150,000 inhabitants each, shall be as P. L. 17.

follows, namely:(q)

Salaries in counties

$4,000 of over 150,000
6,500 inhabitants.

Of district attorney,

Of sheriff,

Of prothonotary,

Of clerk of courts,

Of register of wills and ex officio clerk of the orphans' court,

3,500

P. L. 424,

Of recorder of deeds,

Of county treasurer,

4,000

24. The schedule of salaries fixed by this act, and the act to which this is a supplement, shall not be altered or changed by the increase or decrease of the population of the county, as shown by any national census, but the same shall be and remain as fixed by law, notwithstanding such increase or decrease of population, until altered by act of assembly.(s)

11 May 1881 § 2. P. L. 22.

Salaries not to be affected by change

of population.

24 May 1887.

P. L. 182.

25. The salaries fixed and provided by the foregoing provisions shall be in lieu 31 March 1876 § 15. of all or any moneys, fees, perquisites or mileage, which are now or may hereafter P. L. 17. be received by any officer named in this act; and all said moneys, fees, mileage or Salaries to be in perquisites, received by any of them as compensation, fees or perquisites, from any lieu of all other source whatever, shall in all cases belong to the county, and shall be paid into the compensation. treasury (except where required to be paid to the state), as provided in this act. 26. The county solicitor, county jailer, county commissioner, county auditors, county controller, county surveyor or county engineer, county detective, the county treasurer and interpreter of the courts, shall severally be paid quarterly, and shall Certain county be paid the full amount allowed to them by this bill; but all fees and emoluments officers to be paid in full quarterly. whatsoever, that may accrue to either of them by virtue of their respective offices, Fees to be paid to shall be paid by them to the county treasurer, as directed by this act; and all the county treas other officers shall be paid the amounts herein assigned them, only when the net urer. receipts of their respective offices shall reach the amount herein respectively fixed Other officers to for them.(t)

be paid from fees.

P. L. 18.

27. In all cases where a city containing over 300,000 inhabitants is coextensive 31 March 1876 § 17. in boundaries with the county, all of the officers known therein as city treasurer, city controller, city commissioners, shall severally be regarded as county officers, City officers. and as such shall severally be subject to all the provisions of this act, and shall have all the powers and perform all the duties herein enjoined, and be subject to the same penalties as if they had each been elected or appointed as county officers, and had been designated as such.

28. This act shall take effect on the expiration of the terms of the present incumbents of county officers in said counties; all county officers affected by it shall settle their several accounts under existing laws up to that date; and all laws or parts of laws inconsistent with this act, are hereby repealed from that date, but shall remain in full force and virtue as to all actions and remedies at law begun or accruing prior to that date.(u)

(p) This is a further amendment of the act 31 March 1876, § 13, P. L. 13; of which the act 11 May 1881, P. L. 21, is also an amendment.

(q) See Monroe v. Luzerne County, 103 P. S. 278. (r) This is not repealed by the act of 12 May 1887, P. L. 95; which provides that the auditors of each county shall be allowed the sum of $3.00 each for each and every day necessarily employed. Rymer v. Luzerne County, 142 P. S. 108.

(s) The act of 22 June 1883, P. L. 143, fixing the annual salaries of county officers in counties of be

Ibid. § 18. When to take effect.

tween one hundred thousand and one hundred and fifty thousand population was held to be unconstitutional in McCarty v. Commonwealth, 110 P. S. 243.

(t) This is an amendment of the act 31 March 1876, § 16. P. L. 13.

(u) See Sheppard v. Collins, 1 W. N. C. 494. The act 23 March 1877, P. L. 25, authorizing prothonotaries and sheriffs to sue non-residents for fees due, in the county where the officer shall reside, was held to be unconstitutional in Strine v. Foltz, 113 P. S. 349.

COUNTY PRISONS.

See JAILS.

COUNTY RECORDS.

See RECORDS.

COUNTY SURVEYORS.

See COUNTIES AND TOWNSHIPS; COUNTY OFFICERS; LAND Office.

1. County surveyors to be elected. Duties and term of office.

2. Duties of return judges. Contested elections. 3. Persons elected to take oath of office.

4. Courts may remove for certain causes.

9 April 1850 § 5. P. L. 434.

5. Vacancies, how filled.

6. Surveyor-general not to appoint deputies.
7. Fees.

8. Penalty for taking illegal fees.

9. Tenure of office.

1. The qualified voters of each county of this commonwealth shall on the second Tuesday of October next, and on the same day every third year thereafter, elect one competent person, being a practical surveyor, to act as county surveyor for the proper county, for the term of three years; who shall do and perform all the duties, Duties and term of and have and receive all the emoluments, now pertaining to the respective deputies of the surveyor-general.

County surveyors to be elected.

office.

Ibid. § 6. Duties of return judges.

Contested elections.

Ibid. § 7.

To take oath of office.

Ibid. § 8.

Courts may remove for certain causes.

Ibid. § 9. Vacancies, how filled.

Ibid. § 10.

13 April 1859 § 1. P. L. 106.

Fees.

2. Duplicate returns of the elections of said county surveyors shall be made out and certified by the return judges, in the manner prescribed by the laws regulating the general elections of this commonwealth; one copy whereof shall be filed with the clerk of the court of quarter sessions of the proper county, and the other transmitted by mail to the surveyor-general, to be filed in his office; and notice of his election shall be given by the return judges to the person receiving the highest number of votes. All contested elections under this act shall be subject to the provisions of the laws relating to the trial of contested elections of county officers.(v)

3. The person so selected shall, at the next court of quarter sessions of the proper county, or as soon thereafter as practicable, take and subscribe an oath or affirmation to perform all the duties of his office with fidelity.

4. The courts of quarter sessions of the respective counties shall have power, on cause shown, to remove any of said county surveyors, for neglect, refusal, incompetency or inability to perform the duties of his office, and shall also remove them on being convicted of any infamous crime or misdemeanor.

5. In case of any vacancy occasioned by death, resignation, removal or otherwise, it shall be the duty of the court of quarter sessions of the proper county to appoint a competent person, being a practical surveyor, to fill such vacancy until the time prescribed by this act for the election of said officers.

6. So much of any act of assembly as authorizes the surveyor-general to appoint deputies, be and the same is hereby repealed.

7. The several county surveyors of this commonwealth shall be and are hereby authorized to charge and receive for the services hereinafter mentioned, the following fees, and no more,(w) to wit:

For receiving warrant and giving receipt for the same, if required, twenty-five

cents.

For executing warrants, not exceeding one hundred acres, four dollars and fifty

cents.

For each additional one hundred acres on same warrant, seventy-five cents.
For return of survey to surveyor-general's office, one dollar.

For draft thereof to the warrantee, twenty-five cents.

For executing order of re-survey and making return thereof, same fees as for like service on original survey.

For certifying survey made by deputy, fifty cents.

For each mile necessarily travelled in going to and returning from land, ten

cents.

(v) See tit. "Elections."

(w) In Washington county, they are allowed one hundred per cent additional, by act 11 April 1866. P. L. 580.

8. If any county surveyor shall take greater or other fees than is hereinbefore 18 April 1859 § 2. expressed and limited for the service designated, he shall be subject to all the P. L. 106. penalties and liabilities prescribed by the 26th section of the act of the 28th of Penalty for taking March 1814, entitled "An act establishing a fee bill." (x)

illegal fees. 9. The persons now or hereafter holding the office of county surveyor shall con- 17 April 1869 § 1. tinue to hold and exercise all the duties appertaining to said office, until their P. L. 67. successors are duly qualified according to the provisions of the act to which this is Tenure of office. a supplement.(y)

COUNTY TREASURERS.

See COUNTY AUDITORS; COUNTY CONTROLler.

1. OF THE ELECTION, &c., OF COUNTY

TREASURERS.

1. County treasurers to be elected. Term of office.
2. How election to be conducted.
3. Certain persons to be ineligible. County treas-

urer not eligible to re-election.

4. How vacancies to be filled.

5. Penalty for appointing a person who is ineligible. 6. Certificate of appointment to be recorded and forwarded to auditor-general.

7. Not to act before receiving certificate of appointment, and giving security.

8. Official bond to county, and condition thereof. 9. Bond to be given to commonwealth, and condition thereof.

10. Treasurers elected to give bond and receive

certificate.

20. And to transmit statements to auditor-general.

21. To pay over, or deposit, half-yearly, moneys received for the state.

22. To pay over to their successors moneys received for redemption of unseated lands sold for taxes.

23. Their compensation from the county.
24. And from the state.

25. How commissions to be calculated.
26. Commissions allowed on municipal taxes.
27. Accounts to be audited by county auditors.
28. Appeals on the question of compensation.
29. All fees and commissions in Philadelphia abol-
ished.

required in certain cases.
30. Treasurer may be removed, or further security

31. Penalty for neglect of duty.

32. Penalty for being concerned in any public con

tract.

33. Punishment for embezzlement.

34. Penalty for selling or making profit on moneys received for the state.

35. Receiving officers to deposit monthly. And report to the state treasurer.

36. Punishment for misapplication of funds collected for special purposes. Limitation.

37. To make quarterly statements to the state treasurer. And furnish statements of receipts. Penalty for neglect.

38. Proceedings against delinquents.

39. Delinquents to be removed from office. Vacancy, how filled. Security.

40. When to be exonerated from interest.

I. Of the election, &c., of county treasurers.

P. L. 400.

1. On the second Tuesday in October next, and on the same day every two 27 May 1841 § 1. years (2) thereafter, it shall be lawful for the qualified voters in the several counties of this commonwealth, to elect a suitable person to serve as county County treasurers treasurer, who shall enter upon the duties of his office on the first Monday in to be elected. January next after his election, and perform all the duties enjoined by law on the Term of office. several county treasurers of this commonwealth, until the first Monday in January, two years next after his induction into office as aforesaid.

Ibid. § 2.

2. The election shall be held and returns of election made in the manner prescribed by law, in the case of county commissioners, and the validity of the election How election to be or return be subject to like trial and examination in case of a contest.

conducted.

Ibid. § 3.

3. No judge, clerk or prothonotary of any court, register of wills, recorder of deeds, county commissioner or county auditor, shall be eligible to election as Certain persons to county treasurer, during their continuance (in) office; nor shall any county com- be ineligible. missioner(a) [or county auditor] (b) be eligible until the expiration of one year County treasurer next after the term for which they shall have been elected; nor shall any county not eligible to retreasurer serve in such office for more than two years in any term of four years.(c)

4. In case any person so elected county treasurer shall be declared ineligible, refuse to give bonds agreeably to law, die, resign, remove from the county, or be

(z) See tit. "Fees." (y) Supra 5.

(z) Election to be annual in Bucks and Montgomery counties, by act 18 March 1842, § 5. P. L. 125. (a) Repealed as to Tioga county, by act 14 March 1865. P. L. 329.

(b) See infra 16.

election.

Ibid. § 5.

(c) In Allegheny county, the office may be held by the same person for two terms in any period of six years, by act 21 March 1865, P. L. 477; and in Berks county, by act 24 March 1851. P. L. 242.