Bell v. Allegheny County

Citations

• 149 Pa. 381
• 24 A. 209
• 1892 Pa. LEXIS 1141

Syllabus

<p>County officers—Treasurer of Allegheny county—Salary of—Statutes— Local act when not repealed by general act—Acts of May 1,1861, March 11, 1870, and March 31, 1876.</p> <p>A general affirmative statute will not repeal a previous particular statute upon the same subject, though the provisions of the former be different from those of the latter.</p> <p>The local acts of May 1, 1861, and March 11, 1870, fixing the salary of the treasurer of Allegheny county, are not repealed by the act of March 31, 1876.</p> <p>Constitution of 1874, art. XIV, § 5.</p> <p>The mandate of § 5 of art. XIV of the constitution, that the compensation of county officers shall be regulated by law, was satisfied in regard to the treasurer of Allegheny county by the special act of 1861 and its supplement of 1870.</p> <p>Suit against county—Intervention of ten taxpayers—Act of June 12,1878.</p> <p>After judgment has been obtained against a county, ten taxpayers may intervene under tbe act of June 12,1878, and take the case to the Supreme Coux-t. Under this act, the court has no discretion to grant or withhold the permission to intervene. The petition is merely in the nature of a suggestion for the purpose of getting the taxpayers upon the record.</p>