Nelson v. Beaver County

Citations

• 219 Pa. 320
• 68 A. 832
• 1908 Pa. LEXIS 567

Syllabus

<p>Public officers — County solicitors — Compensation for services — Act of May 22, 1895, P. L. 101.</p> <p>Where an attorney at law is appointed county solicitor by the county commissioners, and his salary is fixed at a definite sum per annum, he cannot claim extra compensation for services rendered to the county in connection with litigation growing out of proceedings to condemn toll bridges; and this is the case although he had an agreement with the commissioners that his salary should only be for services as general counsel, and should not include payment for suits, litigation and special collections.</p> <p>Under the Act of May 22, 1895, P. L. 101, county commissioners are authorized to appoint a solicitor and determine the amount of his salary, and the appointee can simply accept or decline the appointment. There can be no conditional acceptance nor a contract between the commissioners and appointee which can legally authorize the payment to him of any sum additional to his salary for the performance of the services specified in the statute.</p>