Fey's Appeal

Citations

• 68 Pa. Super. 40
• 1917 Pa. Super. LEXIS 66

Syllabus

<p>Municipalities — Public officers — Powers of boroughs — Expenses.</p> <p>The powers of officers of a municipality depend entirely on the provision of its charter, statutes and ordinances passed pursuant thereto, and such officers take nothing beyond the power so conferred.</p> <p>If a statute prescribes the manner in which a municipal power shall be exercised this is generally mandatory and exclusive of all other methods so that any attempt to exercise it in a different manner will be void.</p> <p>There is nothing in the Act of June 5, 1913, P. L. 445, authorizing a commission of water works to rent and equip offices, even if such is necessary to the proper discharge of its duty. If such expenditures are required, the borough council alone has authority to provide for them.</p> <p>Under the Acts of June 9, 1911, P. L. 865, and June 13, 1889, P. L. 86, borough auditors are not entitled to the payment of seventy dollars each for their services where it appears that the borough had a population of less than five thousand; that the account was not lengthy or complicated; that the compensation for auditors fixed by the Act of June 13, 1889, P. L. 86, which was then in force, was two dollars per diem; and that the auditors served but two hours a day while they were engaged on their report.</p>