Smith v. County of Lackawanna

Citations

• 78 Pa. Super. 589
• 1922 Pa. Super. LEXIS 168

Syllabus

<p>School Code — Prosecution for failure to send child to school— Dismissal of case — Costs of prosecution — Liability of county.</p> <p>In a prosecution under section 1423 of the Aot of May 18, 1911, P. L. 309 (School Code), for failure to send a child to school, where it appeared that the defendant was discharged after a hearing, the costs cannot he placed upon the county in accordance with the provisions of the Act of September 29, 1791, 3 Smith’s Laws 37.</p> <p>Section 1429 of the School Code provides that if, at any time after the proceedings have been instituted relative to compulsory attendance, sufficient cause be shown by such defendant for noncompliance with its requirements, or if the costs of such proceedings cannot be collected from such offending person, such costs shall be paid out of the district fund upon proper voucher approved by the school directors. This act covers the whole subject of compulsory education, and under the School Code the question of the payment of costs is one in which the school district is alone concerned.</p>