Pierie v. Philadelphia

Citations

• 139 Pa. 573
• 21 A. 90
• 1891 Pa. LEXIS 1025

Syllabus

<p>[To be reported.]</p> <p>(a) The act of June 24,1885, P. L. 160, provides that when a recorder of deeds, etc., has failed, during his official term, to authenticate the record of any deed, mortgage, or other instrument, by adding thereto the proper certificate or his signature, his successor in office shall certify or sign the same, and be paid by the proper county certain fees therefor. (•6) Under § 5, article XIY. of the constitution, in counties containing more than 150,000 inhabitants, all county officers shall be paid by salaiy and shall pay all fees into the treasury of the county or state, as may be directed by law. The salary of the recorder for Philadelphia county is fixed by act of March 31, 1876, P. L. 13, which directs the payment of all fees into the county treasury:</p> <p>1. By reason of said constitutional provision, the salary, so fixed by>.the act of 1876, is the only compensation to which the recorder of Philadelphia county is entitled for the performance -of his official duties, and it covers all such duties as may from time to time be imposed upon him by law; wherefore, he cannot collect from the county treasury the fees specified in said act of 1885.</p> <p>2. The authentication, under the act of June 24, 1885, by the certificate and signature of the recorder, of the records of deeds made by his predecessors, is a duty imposed upon the recorder in his official capacity as such, and therefore such services are covered by his official salary: Scranton Sch. Dist. v. Simpson, 133 Pa. 202, and McCauley v. Sch. Dist., 133 Pa. 494, distinguished.</p> <p>3. As to counties containing less than 150,000 inhabitants, the provision of said act of 1885, directing the payment of fees to recorders out of the county treasury, is unconstitutional, the title, to wit, “An Act to perfect the records of deeds, mortgages and other instruments in certain cases,” giving no notice that the act contains such a provision: Per Mr. Chief Justice Paxson.</p> <p>4. Said ac