Commonwealth v. Duquesne Borough School District

Citations

• 256 Pa. 50
• 100 A. 584
• 1917 Pa. LEXIS 558

Syllabus

<p>Public officers — School tax collector — Vacancy in office — Power to fill vacancy — School board — Quarter Sessions Court — Act of June 25, 1885, P. L. 187 — School Code of May 18, 1911, P. L. 309, Sec. 5f7, P. L. Sf2 — Bight of appointee of court to Lax certificate — • Mandamus.</p> <p>1. It is the settled policy of the law to have school, borough, township and other local taxes collected by a single tax collector elected by the people of the local districts; and th^ power to fill a vacancy in any such office is vested in the Courts of Quarter Sessions by the Act of June 25, 1885, P. L. 187; the provision of Section 547 of the School Code of May 18, 1911, P. L. 309, 342, conferring like authority upon the school board is merely supplementary to the Act of 1885, the appointment by the school board being in any event temporary, for the current year only.</p> <p>2. Where a person has been appointed to fill a vacancy in the office of tax collector of a borough by the Court of Quarter Sessions, under the provisions of the Act of 1885, and has complied with all the conditions of such act, and has tendered the school board of the borough an additional bond with sufficient sureties in the entire amount of the school tax levied, he is entitled to have the tax duplicate of the school district of such borough certified to him for collection, the school board not having elected or appointed a person to collect school taxes uijtil after the appointment of such cpllector by the Court of Quarter Sessions; and the collector so appointed may enforce his right to receive Such certificate by mandamus.</p>