Merwine v. County of Monroe

Citations

• 141 Pa. 162
• 21 A. 509
• 1891 Pa. LEXIS 1057

Syllabus

<p>1. Under § 41, act of April 15,1834, P. L. 544, providing for the compensation of county treasurers, the commissioners and auditors, at their discretion, may fix one rate of compensation for ordinary receipts and expenditures, and a less rate for money received and expended for the erection of county buildings.</p> <p>2. The said section provides that “the rate shall be settled from time to time. ” It is in strict compliance with this provision, that the commissioners, with the approbation of the county auditors, mayfix the compensation of the county treasurer at the beginning of each year: Crawford Co. v. Nash, 99 Pa. 253.</p> <p>3. On an appeal from the report and settlement of the treasurer’s accounts by the county auditors, under § 56, act of April 15, 1834, P. L. 547, the Court of Common Pleas has no power to review the action of the commissioners and auditors in fixing the treasurer’s compensation: Per Dreher, P. J.</p> <p>4. The commissioners alone cannot fix the treasurer’s compensation, nor can the auditors; it requires their joint action, and from that the act of 1834 gives no appeal. When the commissioners and auditors fail to fix the compensation, an appeal lies under the act of April 16, 1875, P. L. 54: Per Dreher, P. J.</p>