Ziegler v. Lancaster County

Citations

• 42 Pa. Super. 221
• 1910 Pa. Super. LEXIS 319

Syllabus

<p>Public officers — Sheriff—Compensation—Act of March 31, 1876, P. L. 13.</p> <p>1. Under the Act of March 31, 1876, P. L. 13, regulating the salaries of county officers and the payment thereof in counties exceeding 150,000 inhabitants, an officer is entitled to be paid his salary for each year out of the fees earned during his term of office, and the act permits the application of the excess of fees in a subsequent year to a deficit in a preceding year.</p> <p>. 2. Where-there is a deficiency in the payment of the sheriff’s salary for a particular year, the county controller may show such deficiency in his report, but he has no power to report that the county owed the ■ sheriff such deficiency, for as a matter of fact the county at the time owes the sheriff nothing. If deficiencies occur in two successive years, but there is an excess in the third year, such excess may be applied to make up the deficiencies of the two previous years; and the sheriff cannot be deprived of the right to such an application of the excess on the theory that the reports of the county controller for the two previous years were conclusive, inasmuch as he had taken no appeal from them. The county controller had no authority to report that the county owed the sheriff anything, and his omission to do so was no ground for an appeal by the sheriff.</p>