USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. XII > Part 44
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Section 43. If any county treasurer shall neglect or refuse to perform any of the duties required of him by law, he shall be fined in a sum not exceeding two hun. dred dollars, and shall be disqualified from holding the office.
Section 44. If any county commissioner or county treasurer shall be concerned in any contract, or shall be directly or indirectly interested in the construction of any public work or improvement, made or undertaken under the authority of the commissioners of the same county, the same shall be deemed a misdemeanor in office, and such commissioner or treasurer shall be fined in a sum not exceeding five hundred dollars, and shall be adjudged by the court to be removed from office. Provided, that nothing herein contained shall be con- strued to prevent such commissioner receiving his law- ful compensation, while necessarily attending, in his of- ficial character, to the progress of any public work or improvement,
3. County Auditors. CONTENTS.
Sect. 45. Election of Auditors.
Sect. 46. Proceedings in case of failure to elect.
Sect. 47. Auditors to take an oath or affirmation.
Sect. 48. First meeting after the election.
Sect. 49. Two auditors to form a quorum, and their duties.
Sect. 50. Auditors to settle accounts with the com- monwealth.
Sect. 51. Auditors to have power to issue subpæ- nas, &c.
Sect. 52. Auditors to have power to administer oaths, &c.
Sect. 53. Auditors to have power to commit in certain cases.
Sect. 54. Witnesses to have the like pay as in courts.
Sect. 55. Proceedings, if accountants refuse to pro- duce books, &c.
Sect. 56. Report of auditors to be filed in the Com- mon Pleas.
Sect. 57. Appeal may be taken therefrom.
Sect. 58. Provisions with respect to such appeal.
Sect. 59. If appeal be not taken, execution to issue. Sect. 60. Auditors to send to Auditor General a copy
of their report.
Sect. 61. Pay of the auditors.
Sect. 62. How the order for such pay is to be ob- tained.
Section 45. The electors of every county shall, on the day of the general election, in each year, elect one respectable citizen to serve as auditor of the county, for the term of three years next ensuing such election, and until a successor shall be duly elected or appointed.
Section 46. If an election of an auditor shall not take place, as is herein before provided, or if such election shall be set aside according to law, or if any auditor shall decline serving in the office, or shall die or re- move out of the county, or be removed from office, the court of Quarter Sessions of the county shall appoint a suitable citizen to fill the vacancy, until the next gene- ral election, when an auditor shall be elected for the unexpired term.
Section 47. Every auditor elected or appointed as aforesaid, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation, before some person having authority to administer oaths, to support the constitution of the United States and that of this state, and to perform the duties of his office with fidelity; which oath or affirmation, certified by the per- son before whom it was taken, shall, within ten days thereafter, be filed by such auditor, in the office of the clerk of the court of Quarter Sessions of the proper county.
Section 48. The auditors of each county shall assem- ble at the seat of justice thereot, on the first Monday of January in each year, and at such other times as they [ may find necessary for the performance of the duties required of them by law.
Section 49. The auditors of each county, any two of whom, when duly convened, shall be a quorum, shall audit, settle, and adjust the accounts of the commis- sioners, treasurer, and sheriff and coroner of the coun- ty, and make report thereof to the court of Common Pleas of such county, together with a statement of the balances due from or to such commissioner, treasurer, sheriff, or coroner.
Section 50. It shall also be the duty of the auditors of each county, to audit, settle, and adjust the accounts of the commissioners, treasurer, and sheriff and coroner of the county, with the state treasury, and of such other officers in the county, receiving money for the use of the commonwealth, as may be referred to them by the Auditor General; and to make a separate report thereof to the court of Common Pleas for the county, together with a statement of the balances due from or to such commissioners, treasurer, sheriff, coroner, or other of- ficer.
Section 51. The auditors of each county shall have power to issue subpænas, to obtain the attendance of the officers, whose accounts they are required to ad- just, their executors and administrators, and of any per- sons whom it may be necessary to examine as witnesses, and to compel their attendance by attachment, in like manner, and to the same extent as any court of Common Pleas of this state may or can do in cases depending before them; and also to compel, in like manner, the production of all books, vouchers, and papers, relative to such accounts; and such subpæna and attachmen
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shall be served and executed by the sheriff or coroner of the respective county, as the case may require.
Section 52. The auditors of each county shall have power to administer oaths and affirmations, to all per- sons brought or appearing before them, whether ac- countants, witnesses or otherwise; and all persons guil- ty of swearing or affirming falsely on such examination, shall be liable to the pains and penalties of perjury.
Section 53. If any person, appearing before such auditors for examination, shall refuse to take such oath or affirmation,or,after having been sworn or affirmed,shall refuse to make answer to such questions as shall be put to him by the auditors, touching the public accounts, or the official conduct of such public officers, or any of them, such person so refusing, may be committed by the auditors to the county jail, by warrant under their hands and seals, directed to the sheriff or any constable of the county, setting forth, particularly, the cause of such commitment, until he shall submit to be sworn or affirmed, or to make answers to such questions, or to be otherwise legally discharged.
Section 54. Witnesses attending before auditors shall receive out of the county stock, the same allowance as is received by witnesses attending before the courts of this state; and where final judgment shall be given against any officer, whose accounts shall have been set- tled by the auditors, the charges of the attendance of such witnesses shall be included in the costs assessed against such officer.
Section 55. If any person, in possession of books, vouchers and papers, relative to public accounts be- fore auditors, shall refuse to produce the same; or, if any officer, whose accounts are to be settled and ad- justed by such auditors, shall refuse to attend, or sub- mit to examination, as herein before directed, the au- ditors shall proceed by the examination of witnesses and other evidence, to ascertain and settle, as near as may be, the amount of public money received by such officer, and its application to public purposes, or other- wise.
Section 56. The report of the auditors shall be filed among the records of the court of Common Pleas of the respective county, and from the time of being so filed, shall have the effect of a judgment against the real estate of the officer, who shall thereby appear to be indebted, either to the commonwealth or to the county.
Section 57. An appeal may be made from such re- port, to the court of Common Pleas of the same county, either by the commonwealth, the county, or the officer; and, thereupon, the court may direct an issue, as the case may require, to be tried by a jury, upon whose verdict final judgment shall be entered.
Section 58. Provided, That such an appeal shall be entered by the commonwealth, within four months, and by the county and officer, within sixty days, after the filing of the report; And, provided also, That if the offi- cer be the appellant, he shall enter into a recognizance with two sufficient sureties, in double the sum found due by such report, with condition to prosecute the ap- peal with effect, and to pay the costs, and such sum of money, as he shall appear by the verdict of the jury to be indebted.
Section 59. If an appeal shall not be entered,and secu- rity given as is herein before required; or, if upon such appeal, judgment shall be given in favor of the com- monwealth, or of the county, execution shall thereupon issue, against the property or person of the defaulting officer, in like manner as upon judgments recovered in the usual course of law.
Section 60. It shall be the duty of the auditors of each county, within ten days, after preparing the same, to transmit to the Auditor General, a certified copy of their report, upon the accounts of the commission- ers, treasurer, and sheriff, and coroner, of the respec- tive county, with the state treasury, and of such other officers, as may be referred to them as aforesaid.
Section 61. The auditors of each county, shall be al- lowed, out of the county stock, the sum of one dollar and fifty cents, each, for each day's necessary atten- dance upon the duties of their office.
Section 62. The amount payable to auditors, for their services, and incidental expenses, and the costs at the attendance of witnesses before them, shall be paid out of the county stock, by an order drawn upon the coun- ty treasurer, by the judges of the court of Common Pleas of the same county.
4. Sheriff and Coroner.
CONTENTS.
Sect. 63. Sheriff to give recognizance and bond.
Sect, 64. Amount thereof in the several counties.
Sect. 65. Form of recognizance.
Sect. 66. Do. of the bond.
Sect. 67. Coroner to give the like security.
Sect, 68. Condition of his recognizance and bond.
Sect. 69. Recorder of deeds to take the recog- nizance, &c.
Sect. 70. Sureties to be approved by judges of the Common Pleas.
Sect. 71. No judge, prothonotary, &c. to be a sure- ty.
Sect. 72. Official copies of the bond, &c. to be evi- dence.
Sect. 73. Sheriff, &c. to cause his commission to be recorded.
Sect. 74. Sheriff, &c. not to execute the office until commissioned.
Sect. 75. Lien of the recognizance, and the duty of recorder of deeds.
Sect. 76. Coroner to execute the office of sheriff, in case of vacancy.
Sect. 77. In case of appointment of such vacancy, security to be given.
Sect. 78. Sheriff to render accounts to Auditor Ge- neral.
Sect. 79. Sheriff to keep books, and deposit them in the Common Pleas.
Sect. 80. Sheriff to give bail of particulars, and re- ceipt.
Sect. 81. Sheriff to put up section 80 in his office.
Section 63. Every sheriff, before he shall be com. missioned, or execute any of the duties of his office, shall enter into a recognizance, and become bound in a bond, with at least two sufficient sureties, in the sums and manner hereinafter mentioned.
Section 64. The recognizances and bonds of the se- veral sheriffs of this commonwealth, shall be taken in the following sums, respectively, to wit:
City and county of Philadelphia, sixty thousand dol- lars.
County of Bucks, fifteen thousand dollars.
County of Chester, twenty thousand dollars.
County of Lancaster, twenty five thousand dollars.
County of York, fifteen thousand dollars.
County of Berks, twenty thousand dollars.
County of Cumberland, fifteen thousand dollars.
County of Northampton, fifteen thousand dollars. County of Bedford, eight thousand dollars.
County of Northumberland, fifteen thousand dollars.
County of Westmoreland, ten thousand dollars. County of Washington, fifteen thousand dollars.
County of Fayette, ten thousand dollars. County of Franklin, ten thousand dollars. County of Montgomery, fifteen thousand dollars. County of Dauphin, fifteen thousand dollars. County of Luzerne, seven thousand dollars. County of Huntingdon, fifteen thousand dollars. County of Allegheny, ten thousand dollars. County of Mifflin, fifteen thousand dollars.
County of Delaware, eight thousand dollars.
County of Lycoming, five thousand dollars. County of Somerset, five thousand dollars.
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County of Greene, five thousand dollars. County of Wayne, six thousand dollars. County of Adams, eight thousand dollars. County of Centre, five thousand dollars. County of Crawford, five thousand dollars. County of Beaver, five thousand dollars. County of Butler, five thousand dollars. County of Mercer, five thousand dollars. County of Erie, five thousand dollars. County of Warren, five thousand dollars. County of Venango, five thousand dollars. Couniy of Armstrong, five thousand dollars. County of Indiana, five thousand dollars. County of Jefferson, five thousand dollars. County of M'Kean, five thousand dollars. County of Clearfield, five thousand dollars. County of Potter, (when organized, ) five thousand dollars.
County of Tioga, five thousand dollars. County of Cambria, five thousand dollars. County of Bradford, five thousand dollars. County of Susquehanna, five thousand dollars. County of Schuylkill, twenty thousand dollars. County of Lehigh, fifteen thousand dollars. County of Lebanon, fifteen thousand dollars. County of Columbia, fifteen thousand dollars. County of Union, fifteen thousand dollars. County of Pike, six thousand dollars.
County of Perry, fifteen thousand dollars.
County of Juniata, fifteen thousand dollars,
And the recognizance and bond of the sheriff of each county, which shall hereafter be erected and organized, shall be taken in the sum of five thousand dollars, and for every representative of such new county, in the Ge- neral Assembly, more than one, in the additional sum of four thousand dollars.
Section 65. The form of the recognizance to be taken from the sheriff of each county, and his sureties, shall be as follows, to wit: "You (A. B., C. D. and E. F.) do acknowledge that you owe unto the commonwealth of Pennsylvania, the sum of , to be levied and made of your several goods and chattels, lands and tenements, upon condition, that if you (A. B. ) shall and do, without delay and according to law, well and truly serve and execute all writs and process of the com- monwealth of Pennsylvania, to you directed, and shall and do, from time to time, upon request to you for that purpose made, well and truly pay or cause to be paid, to the several suitors and parties interested in the ex- ecution of such writs and process, their lawful attornies, factors, agents, or assigns, all and every sum and sums of money to them respectively belonging, which shall come to your hands, and shall and do from time to time, and at all times, during your continuance in the office of the sheriff of the county of - , well and faithful- ly execute and perform all and singular, the trusts and duties to the said office lawfully appertaining, then this recognizance to be void, or else to be and remain in full force and virtue."
Section 66. The form of the bond to be given by the sheriff, and his sureties, shall be as follows, to wit: "Know all men by these presents, that we (A. B., C. D. and E. F.) are held and firmly bound unto the com- monwealth of Pennsylvania, in the sum of · dol- lars, to be paid to the said commonwealth for the uses, intents and purposes declared and appointed by law; to which payment, well and truly to be made, we bind ourselves and heirs, executors and administrators, joint- ly and severally, firmly by these presents. Sealed with our seals, dated the day of A. D. The con- dition of the above obligation is such, that if the said A. B. shall and do, without delay, according to law, well and truly serve and execute all writs and process of the said commonwealth to him directed, and shall and do, from time to time, upon the request to him for that pur- pose made, well and truly pay or cause to be paid, to the several suitors and parties interested in the execu - tion of such writs or process, their lawful attornies,
factors, agents or assigns, all and every sum and sums of money to them respectively belonging, which shall come to his hands, and shall and do, from time to time, and at all times, during his continuance in the said office, well and faithfully execute and perform all and every of the trusts and duties to the said office appertaining, then this obligation to be void, or else to be and remain in full force and virtue."
Section 67. The coroner of each county, before he shall be commissioned, or execute any of the duties of his office, shall enter into a recognizance, and become bound in a bond, with at least two sufficient sureties, in one fourth of the sum, which shall be by law required from the sheriff of the same county.
Section 68. The condition of the recognizance and bond to be given by the coroner shall be, that such cor- oner will " well and duly perform all and singular, the duties to the said office of coroner appertaining;" and such recognizance and bond shall be a security to the commonwealth, and to all persons whomsoever, for the faithful discharge and due performance of all the duties required by law from such coroner.
Section 69. Every such recognizance entered into by a sheriff and coroner, shall be taken by the recorder of deeds of the proper county, and recorded in his of- fice; and, when so recorded, shall be by him transmitted to the Secretary of the Commonwealth, with a certifi- cate endorsed by such recorder, of its having been du- ly recorded.
Section 70. Before any such bond of recognizance shall be taken by the recorder of deeds, the sufficiency of the sureties therein named, shall be submitted to, and approved of, by the judges of the court of Common Pleas of the proper county, or by any two of them, for that purpose convened, who shall certify their appro- bation of such sureties to the recorder; and no commis- sion shall afterwards be granted, until the Governor shall have also approved of the sufficiency of such sure- ties.
Section 71. Provided, That no judge, clerk or pro- thonotary of any court, or attorney at law, shall be per- mitted to become a surety in such bond or recogni- nance; and that no person shall be received as surety for a sheriff, and for a coroner, at the same time.
Section 72. Copies of the record of any such bond or recognizance acknowledged and recorded as aforesaid, and duly certified by the recorder of deeds for the time being, shall be good evidence, in any action brought against the obligors or cognizors, according to its form and effect, in the same manner as the original would be, if produced and offered in evidence.
Section 73. It shall be the duty of every sheriff, and of every coroner, immediately after receiving his com- mission from the Governor, to deliver the same to the recorder of deeds of the county, by whom the same shall be recorded at the expense of such sheriff or coro- ner.
Section 74. No person elected or appointed to the office of sheriff or coroner, shall presume to execute any of the duties of such office, before a commission shall have been duly granted to him and left to record as herein before provided, under penalty of imprison- ment for a term not exceeding six months, at the dis- cretion of the court of Quarter Sessions of the county. Provided, that such person and his sureties in any bond or recognizance, given by him for the due discharge of the duties of the office, shall, nevertheless, be liable to any person injured, by any acts done by him under co- lor of such office.
Section 75. All the real estate, within the same coun- ty, of a sheriff and coroner, and their respective sure- ties, shall be bound by a recognizance, taken in manner aforesaid, as effectually as by a judgment to the same amount in any court of record of such county; and it shall be the duty of every recorder of deeds, so soon as a sheriff or coroner shall be commissioned, to cer- tify the recognizance taken by him to the prothonotary
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of the court of Common Pleas of the same county, who shall enter the names of the parties thereto upon his docket, in like manner as judgments are by law direct- ed to be entered.
Section 76. If any sheriff shall be legally removed from his office, or shall die before the expiration of the term for which he shall have been commissioned, the coroner of the same county shall execute the office of sheriff, and perform all things thereunto appertaining, until another shall be duly commissioned, and a notice thereof given to such coroner.
Section 77. Whenever a vacancy shall happen in the office of sheriff' or coroner, which is to be filled by a new appointment, in the manner prescribed by the constitution of this commonwealth, the person so to be appointed, shall enter into a recognizance, and give bond with sureties, to be approved in manner aforesaid, in such sum as shall be determined by the judges of the court of Common Pleas of the same county, or by any two of them, for that purpose convened.
Section 78. It shall be the duty of every sheriff, an- nually, on the first Monday in November, and oftener if required by the Auditor General, to render to the Au- ditor General an account, under oath or affirmation, of all moneys received by him for the use of the common- wealth, during the preceding year, or since the last preceding settlement, and pay over the same, within ten days after rendering such account, to the State Treasurer, deducting therefrom a commission at the rate of two and a half per cent. on the amount so received.
Section 79. It shall be the duty of every sheriff, and of every coroner acting as sheriff. to provide and keep in his office a proper book or books, in which he shall enter all writs that may come to his hands, and the pro- ceedings thereon; and at the expiration of his term of office, such books shall be deposited in the office of the prothonotary of the court of Common Pleas of the same county, for the inspection of all persons interested there- in.
Section 80. It shall be the duty of every sheriff, his deputy or agent, and of every coroner acting as sheriff, whether a demand for that purpose shall be made or not, immediately after receiving any of his fees, or any writ- ten security therefor, to deliver a bill of particulars, specifying the several items contained therein, and the amount thereof, and to give the party paying such fees a receipt in full therefor, or indorse on such written security, when taken, that the same was given for fees, and to sign the indorsement so to be made; and if any sheriff, his deputy or agent, or coroner acting as aforesaid, shall refuse or neglect to give such bill of particulars or receipt, or to make such indorsement, he shall forfeit and pay any sum not exceeding fifty dol- lars, to the party injured, who is hereby declared to be a competent witness to prove such refusal or neglect.
Section 81. It shall be the duty of every sheriff to place and keep up in some conspicuous part of his of- fice the eightieth section of this act, for the inspection of all persons having business in such office, on pain of forfeiting for each day that the same shall be missing, through his neglect, the sum of ten dollars, one-half of which penalty shall be for the use of the informer, and the other half for the use of the proper county.
III. OF TOWNSHIP OFFICERS. CONTENTS.
Sect. 82. Election of township officers in general. Sect. 83. Time and place of such election.
Sect. 84. Proceedings in case of failure to elect, &c. Sect. 85. None but an elector to be eligible.
Sect. 86. Penalty for refusing to serve in such office. Sect. 87. Oath or affirmation of township officers.
Section 82. It shall be lawful for the electors of every township, annually, to elect the following township of- ficers, to wit:
1. An assessor.
2. Two supervisors.
3. Two overseers of the poor.
4. A township treasurer.
5. A town clerk, who shall serve in their respective of- fices for the term of one year, and until a successor shall be duly elected or appointed.
6. A township auditor to serve for the term of three years.
7. Two persons, whose names shall be returned to the court of Quarter Sessions of the proper county, for the office of constable, as is hereinafter provided.
And in the year 1834, and every third year thereafter it shall be lawful for the electors of every township to elect two assistant assessors for the term of one year.
Section 83. The election for assessors shall be held on the day, and at the place, appointed by law for the choice of inspectors of the general election. The elec- tion for all other township officers shall be held at such place, on the Friday preceding the third Saturday in the month of March, in each year.
Section 84. If the electors of any township shall fail to choose any township officer, other than assessor, as- sistant assessors, or constable, or if any person elected to such office shall neglect or refuse to serve therein, or if any vacancy shall happen in such office by death or otherwise, it shall be lawful for the court of Quarter Sessions of the proper county, to appoint a suitable person to fill such office until the next annual election. Provided, that in the case of township treasurer or town clerk, no such appointment shall be made except on the application, in writing, of at least thirty electors of the township.
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