Commonwealth ex rel. City of Lancaster v. Martin

Citations

• 170 Pa. 118
• 32 A. 624
• 1895 Pa. LEXIS 1370

Syllabus

<p>Public officers — Gounty treasurers — License fees — Act of June 9, 1891.</p> <p>Under the act of June 9, 1891, P. L. 248, and the act of May 18, 1887, P. L. 108, the fees for liquor licenses must be paid in the first place to the county treasurer, whose duly it is to retain the amount belonging to the county, and pay over the balance to the cities, boroughs and townships entitled to receive it.</p> <p>The money received by the county treasurer belongs to the different municipalities for which it is received, and does not become the money of the county because it is in the custody of the county treasurer. A city therefore entitled to a portion of the fees may by mandamus compel the county treasurer to pay over the amount due to it, notwithstanding the fact that the treasurer has been notified by the county commissioners to hold the amount claimed towards payment of a judgment held by the county against the city; and the county has no right to intervene in such mandamus proceedings.</p>