P. L. 545. Oath of office to be which oath or affirmation, certified by the person before whom it was taken, shall, 15 April 1884 § 46. within ten days thereafter, be filed by such auditor in the office of the clerk of the court of quarter sessions of the proper county. filed. 6. If any county auditor within this commonwealth, who shall have taken upon 9 April 1840 § 1. himself the duties of such office, shall neglect or refuse to perform the duties en- P. L. 283. joined upon such office by law, he shall forfeit the sum of one hundred dollars, to be recovered by the county, as debts of like amount are recoverable. 7. The auditors of each county shall be allowed, out of the county funds, the sum of three dollars each, for each and every day necessarily employed in the discharge of their duties, together with six cents per mile circular from, and to their homes, once for each and every week so employed.(n) 8. The amount payable to county auditors for their services and incidental expenses, and the costs of the attendance of witnesses before them, shall, after the passage of this act, be paid out of the county treasury, by orders drawn on the county treasurer by the county commissioners of the same county.(0) II. Their powers and duties. Penalty for neglect or refusal to perform duties. 12 May 1887. P. L. 95. Fees fixed at $3 per per mile. To be payable out of the county funds. P. L. 545. 9. The auditors of each county shall assemble at the seat of justice thereof, on 15 April 1884 § 47. the first Monday of January in each year, and at such other times as they may find necessary for the performance of the duties required of them by law. (p) 10. The auditors of each county, any two of whom, when duly convened, shall Meetings. Ibid. § 48. be a quorum, shall audit, settle and adjust the accounts of the commissioners, Their duties; two treasurer, and sheriff and coroner of the county, and make report thereof to the to form a quorum. court of common pleas of such county,(q) together with a statement of the balance due from or to such commissioners, treasurer, sheriff or coroner. Ibid. § 49. To settle accounts 11. It shall also be the duty of the auditors of each county, to audit, settle and adjust the accounts of the treasurer of the county with the state treasury, and of such other officers in the county receiving money for the use of the common- of county treaswealth, as may be referred to them by the auditor-general: and to make a separate urers with the report thereof to the court of common pleas for the county, together with a state- state. ment of the balances due from or to such treasurer or other officer.(r) P. L. 44. 12. In addition to the powers and duties of county auditors, as now conferred 2 June 1881 § 1. on them by law, it shall be their duty to audit, settle and adjust the accounts of the directors of the poor, and of the treasurer(s) and steward of each and every To settle accounts poor-house, within any county wherein a poor-house has been or may hereafter be of directors of the erected, in each and every year, after the passage of this act: Provided, That this poor, &c. act shall not apply to any poor district, the territory of which is not coextensive with the county, except upon the petition of at least twenty citizens, resident in On petition, &c. such township, filed in the office of the clerk of the court of quarter sessions of the proper county, praying for an audit to be had by the county auditors, as aforesaid, within ten days after an audit had, as required by laws heretofore existing. 13. The auditors of each county shall have power to issue subpoenas to obtain 15 April 1834 § 50. the attendance of the officers whose accounts they are required to adjust, their P. L. 545. executors and administrators, and of any persons whom it may be necessary to To compel the examine as witnesses, and to compel their attendance by attachment in like man- appearance of witner and to the same extent as any court of common pleas of this state may or can duction of papers. nesses and the prodo in cases depending before them; and also to compel, in like manner, the production of all books, vouchers and papers relative to such accounts; and such subpoena and attachment shall be served and executed by the sheriff or coroner of the respective county, as the case may require. oaths. 14. The auditors of each county shall have power to administer oaths and affirma- Ibid. § 51. tions to all persons brought or appearing before them, whether accountants, wit- To administer nesses or otherwise; and all persons guilty of swearing or affirming falsely on such False swearing to examination, shall be liable to the pains and penalties of perjury. 15. If any person appearing before such auditors for examination shall refuse to take such oath or affirmation, or after having been sworn or affirmed, shall refuse to make answer to such questions as shall be put to him by the auditors, touching the public accounts, or the official conduct of such public officers, or any of them, such person so refusing may be committed by the auditors to the county jail, by warrant under their hands and seals, directed to the sheriff or any constable of the county, setting forth particularly the cause of such commitment, until he shall submit to be sworn or affirmed, or to make answers to such questions, or be otherwise legally discharged. (n) The local act of 15 April 1859, as to Northampton county fixing the fees of county auditors at $2.50 per day, is not repealed by this act. Datesman v. County, 5 Lane. 165. Nor the local act of 5 February 1869, as to Fayette. Morrison v. County, 127 P. S. 110. (0) See act 25 March 1870, as to Lancaster and York counties. P. L. 560. (p) See act 1 May 1861, providing for the appointment of a controller for Allegheny county. P. L. 450. In Philadelphia, the duties of county auditors are be perjury. Ibid. § 52. May commit persons refusing to testify. transferred, by act 2 February 1854, § 12, to a city controller, to be elected every second year. P. L. 30. (2) If they proceed to settle the treasurer's account, without notice to him, and no appeal be entered, the court will set aside their report. Brown v. Commonwealth, 2 R. 40. (r) See Glatfelter v. Commonwealth, 74 P. S. 74. (s) The county auditors are authorized to audit the accounts of the treasurer of the directors of the poor. Nason v. Directors, 24 W. N. C. 60. 15 April 1834 § 53. P. L. 545. Fees of witnesses, To be charged to defaulting officer. 16. Witnesses attending before auditors shall receive out of the county stock the same allowance as is received by witnesses attending before the courts of this state; and where final judgment shall be given against any officer whose accounts shall have been settled by the auditors, the charges of the attendance of such witnesses shall be included in the costs assessed against such officer.(t) 17. If any person in possession of books, vouchers or papers relative to public Proceedings where accounts before auditors, shall refuse to produce the same, or if any officer whose accounts are to be settled and adjusted by such auditors, shall refuse to attend or produce papers, or submit to examination as is hereinbefore directed, the auditors shall proceed, by parties refuse to officers refuse to submit to exami nation. 15 April 1834 P. L. 547. 55. Report to have the effect of a judg ment as a lien. Ibid. § 56. Parties may ap peal. Court to direct issue. Ibid. § 57. the examination of witnesses and other evidence, to ascertain and settle, as near as may be, the amount of public money received by such officer, and its application to public purposes or otherwise. III. Of the reports of county auditors. 18. The report of the auditors shall be filed among the records of the court of common pleas of the respective county, and from the time of being so filed shall have the effect of a judgment against the real estate of the officer who shall thereby appear to be indebted either to the commonwealth or to the county.(u) 19. An appeal may be made from such report to the court of common pleas of the same county, either by the commonwealth, the county or the officer, (v) and thereupon the court may direct an issue as the case may require, to be tried by a jury, upon whose verdict final judgment shall be entered. 20. Such appeal shall be entered by the commonwealth within four months, and Time and terms of by(w) the county and the officer, within sixty days after the filing of the report: such appeal. Provided, That if the officer be the appellant he shall enter into a recognizance with two sufficient sureties in double the sum found due by such report, with condition to prosecute the appeal with effect, and pay the costs and such sum of money as he shall appear by the verdict of the jury to be indebted. 14 April 1838 § 16. P. L. 460. Courts to direct form of issue. Appeals may be arbitrated. Ibid. § 11. Of costs on the appeal. 15 April 1834 § 58. P. L. 547. 21. The courts of common pleas shall direct the form in which the issues shall be entered in all appeals now pending, or which may be hereafter taken, from the report of county auditors; and the same may be submitted to reference and arbitration, in the same manner as is provided in the act relating to reference and arbitration, passed 16th June 1836, and the proceedings thereupon shall be same as are provided by the said act.(x) 22. In case the appellant or appellants shall not recover final judgment in court more favorable to him or them than the report of auditors, he or they shall pay all costs that may accrue on his or their appeal; but if he or they should recover in court a final judgment more favorable than the report of the auditors, then the appellee or appellees shall pay all costs that may accrue on such appeal. 23. If an appeal shall not be entered and security given as is hereinbefore required, or if, upon such appeal, judgment shall be given in favor of the commonWhen execution to wealth or of the county, execution shall thereupon issue against the property or person of the defaulting officer, in like manner as upon judgments recovered in issue. usual course of law. (t) See tit. "Fees." (u) To have this effect, it must appear that the parties charged were summoned to appear at the audit. Wilson v. Clarion County, 2 P. S. 17. After they have filed their report, they have no further power over it; nor can it be reviewed by a subsequent board. Northampton County v. Yohe, 24 P. S. 305. Auditors of Schuylkill County v. Commissioners, 3 Luz. L. Reg. 39. See Irish v. Commonwealth, 3 Binn. 91. (v) By the act of 12 June 1878, P. L. 208 (title "Counties and Townships," pl. 25), any ten or more 160. (x) See tit. "Arbitration." COUNTY COMMISSIONERS. I. OF THE ELECTION, &c., OF COUNTY COM- 1. Election of county commissioners. Term of office. 2. How vacancies to be filled. 3. To be sworn. filed. 13. Clerk to be sworn. 14. Copies of their proceedings to be evidence. 18. They may administer oaths. Oath of office to be certified and 19. Penalty for neglect of duty in relation to taxes. 20. To transmit certain annual statements to the Pen- secretary. 4. Not to be concerned in public contracts. alty for so doing. 5. Compensation fixed at $3.50 per day. 6. Similar compensation when acting as over seers. 7. Repealing clause. 8. To give bonds. Condition. 9. Entitled to travelling expenses. 10. Repealing clause. II. THEIR POWERS AND DUTIES. 11. Their duties. Two to form a quorum. 12. To appoint a clerk. His duties and compensation. 21. Clerks may administer oaths. 22. To advertise proposals for contracts in certain counties. Contractors to give security. 23. Penalty for violation. 24. Proposals for building bridges. 26. Power to sell county real estate. 27. Petition to court. Court may make order. 28. To furnish office furniture, books and stationery to certain county officers; also fuel and light. 29. To subscribe for three weekly newspapers. 30. Each member to select one paper. 31. Expenses. I. Of the election, &c., of county commissioners. P L. 540. Election of county 1. The electors of every county shall, on the day of the general election in each 15 April 1834 § 15. year, elect one respectable citizen to serve as commissioner of the county, for the term of three years next ensuing such election, and until a successor shall be duly commissioners. elected or appointed. (y) Term of office. Ibid. § 16. be filled. 2. If an election of a county commissioner shall not take place as herein before provided, or if such election shall be set aside according to law, or if any commissioner shall decline serving in such office, or shall die, or shall remove out of the How vacancies to county or be removed from office, the remaining commissioner or commissioners, together with the court of quarter sessions of the county, shall appoint a suitable citizen to fill the vacancy until the next general election, when a commissioner shall be elected for the unexpired term. Ibid. § 17. To be sworn. 3. Every commissioner elected or appointed as aforesaid, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation, before some person having authority to administer oaths, to support the constitution of the United States and that of this state, and to perform the duties of his office with fidelity; which oath or affirmation, certified by the person before whom it Oath of office to be was taken, shall, within ten days thereafter, be filed by such commissioner in the certified and filed. office of the clerk of the court of quarter sessions of the same county. 4. If any county commissioner or county treasurer shall be concerned in any Ibid. § 43. contract, or shall be directly or indirectly interested in the construction of any Not to be conpublic work or improvement, made or undertaken under the authority of the cerned in public commissioners of the same county, the same shall be deemed a misdemeanor in contracts. office, and such commissioner or treasurer shall be fined in a sum not exceeding five hundred dollars, and shall be adjudged by the court to be removed from Penalty for so office: Provided, That nothing herein contained shall be construed to prevent doing. such commissioner receiving his lawful compensation while necessarily attending in his official character to the progress of any public work or improvement.(z) 5. The county commissioners of the several counties of this commonwealth, 7 May 1889 § 1. hereafter elected or appointed, shall be allowed and paid out of the county funds, P. L. 109. the sum of three dollars and fifty cents each, for each and every day actually and Compensation necessarily employed in the discharge of the duties of their office. They shall fixed at $3.50 per annually submit to the board of county auditors a full and itemized statement and day. account, under oath, of the days and nature of business in which they were employed during the preceding year, and the county auditors shall audit, settle and County auditors to adjust said accounts in the same manner as other accounts of the county commissioners are now audited and settled: Provided, That the pay allowed by this act shall be in lieu of all other compensation and charges for the individual services and expenses of said commissioners. 6. Where by existing laws county commissioners are, ex officio, overseers of the poor of their respective counties or districts, they shall be entitled to receive (y) His official acts are binding upon the county, although done after the lapse of three years, if his successor be not elected and sworn into office. York County v. Small, 1 W. & S. 315. (z) A contract with one of their own board, to pur settle the accounts. Ibid. § 2. chase articles required for the public service, is void. Commonwealth v. Commissioners of Philadelphia, 2 S. & R. 193-5. And see Commonwealth v. Thum, 10 Ibid. 418. See tit. "Crimes." 7 May 1889 § 2. P. L. 109. Similar compen out of the poor district funds upon like accounts, under oath, the same compensation as by this act they are entitled to charge as county commissioners, which shall be in lieu of such compensation and expenses as are now provided by law: Proing as overseer of vided, Said commissioners shall not receive for any single day more than three dollars and fifty cents as provided by this act. (a) sation when act the poor. Ibid, § 3. Repealing clause. 18 May 1889 § 1. P. L. 200. Travelling ex penses to be paid directors of the poor and county commissioners. Exception. Ibid. § 2. Repealing clause. 24 May 1878 § 1. P. L. 118. To give bonds. Condition. How taken. 15 April 1834 § 19. P. L. 541. 7. All local laws fixing a rate of per diem compensation, less than is provided in this act, be and the same are hereby repealed. 8. From and after the passage of this act, directors of the poor and county commissioners of this commonwealth shall be allowed their travelling expenses necessarily incurred in the discharge of their official duties, and the same shall be paid on warrants drawn in their favor on the county treasurer out of the county funds: Provided, That this act shall not apply to poor directors in counties having local or special laws, under which each poor director is allowed an annual compensation of one hundred and fifty dollars or more. 9. So much of all general acts heretofore passed as are inconsistent herewith are hereby repealed, but this act shall not apply to any local law regulating the same. 10. The county commissioners of the several counties of this commonwealth, hereafter elected, shall, before entering upon their official duties, each give bond, with sureties, to be approved by the court of quarter sessions of the same county, or by one of the judges thereof, and in such penalty as the said court shall deem sufficient, not less than two thousand dollars each, for the faithful discharge of all duties enjoined upon them by law, and for the faithful and legal appropriation of all county and other moneys which said commissioners have any authority to draw out of the county treasury, upon checks or orders given by them, or over which they have control. The said bonds shall be taken in the name of the commonwealth of Pennsylvania, for the use of the county, and shall be acknowledged before the recorder of deeds of the same county, and recorded in his office, at the cost of the county; and the original bond shall be filed in the office of the court of quarter sessions: Provided, That the provisions of this act shall not apply to any county in which county commissioners are now required by law to give bonds conditioned for the faithful performance of their duties. II. Their powers and duties.(b) 11. Two of the commissioners aforesaid shall form a board for the transaction of business, and when convened in pursuance of notice, or according to adjournTheir duties: two ment, shall be competent to perform all and singular the duties appertaining to the office of county commissioners. (c) to be a quorum. Ibid. § 20. To appoint a clerk. His duties and compensation. 15 April 1891. P. L. 22. Clerks to be sworn. 15 April 1834 § 21. P. L. 541. 12. It shall be the duty of the commissioners of each county to appoint a suitable person as clerk, (d) who shall keep the books and accounts of the board, record or file their proceedings and papers, attest all orders and warrants issued by them, and perform all other acts pertaining to his office as clerk: he shall receive for his services such sum as the commissioners shall, at their first meeting in each year, agree upon. 13. Hereafter every clerk appointed by the several boards of county commissioners within this commonwealth, shall, before entering upon the duties of his office, take and subscribe the oath prescribed by section one of article seven of the constitution of this commonwealth, which oath or affirmation shall be filed by such clerk in the office of the clerk of the court of quarter sessions of the same county. 14. Copies of the proceedings of the commissioners, certified by their clerk, Copies of their pro- under the county seal, shall be good evidence, in the trial of any case, in any of the ceedings to be evi- courts within this commonwealth. dence. Ibid. § 22. To publish annual statements of receipts and expenditures. Ibid. § 23. What such state inents to contain. 15. It shall be the duty of the commissioners of each county to publish annually, once a week for four successive weeks, in the month of February, a full and accurate statement of all receipts and expenditures of the preceding year, in one or more of the newspapers printed in the county, and if no newspaper be published in such county, then in at least fifty printed handbills, to be set up in the most public places in the county, 16. Such statement shall enumerate the respective sums paid by each ward and township within the city and county, and also designate all sums expended for the support of prisons, the pay of each commissioner and of their clerk, the repairs (a) This act is extended to the county of Crawford by the act 8 June 1893, P. L. 358; which also repeals the local acts of 14 February 1863, 21 March 1865 and 10 April 1867. (b) In Mifflin county, the county commissioners are to perform the duties of directors of the poor, by act 9 March 1858. P. L. 85. By act 31 March 1854, the term of office of the commissioners of Chester county is to commence on the last Monday in January. P. L. 244. The 18th section of the act 15 April 1834 is repealed by act 30 March 1855. P. L. 160. (c) A single commissioner has no power to act. Cooper v. Lampeter Township, 8 W. 127. Unless by authority of a majority of the board. Treichler v. Berks County, 2 Gr. 445: And as to their powers, see Commonwealth v. Commissioners of Philadelphia, 2 S. & R. 193. Vankirk v. Clark, 16 Ibid. 286. Long v. Laufman, 2 R. 154. Steiner v. Coxe, 4 P. S. 13. Dauphin County v. Bridenhart, 16 Ibid. 458. (d) See Koontz v. Franklin County, 76 P. S. 154. P. L. 541. of old, or the erection of new bridges, and the sums paid to individuals for lands 15 April 1884 § 23. over which roads may have been laid out, together with such other items as may have a tendency to convey general information of the transactions of the preceding year. Ibid. § 24. Penalty for neglect 17. If the commissioners of any county shall neglect or refuse to perform any duty required of them by law, or if any one of such commissioners shall neglect or refuse to perform any official duty, they or he shall respectively be fined in a sum of duty. not exceeding one hundred dollars. 18. The commissioners of every county shall respectively have power to administer oaths or affirmations in all cases arising in the performance of the duties of their office. Ibid. § 25. To administer oaths. 15 May 1841 § 9. P. L. 395. Penalty for neglect of duty in relation to taxes. P. L. 178. 19. It shall be a misdemeanor in office for the commissioners of any county to neglect or refuse to perform the duties required of them by law in the assessment or collection of any tax which has been or shall be imposed by the laws of this commonwealth; and on conviction of said offence, he or they shall be punished by a fine of not less than fifty, nor more than two hundred dollars.(e) 20. It shall be the duty of the commissioners of each and every county in this 27 Feb. 1847 § 3. commonwealth to transmit to the secretary thereof, on or before the 1st day of February in each and every year, a full statement in detail of the moneys paid To transmit cerout of the treasury of their respective counties, for the support of any peniten- tain annual statetiary or jail, and of the criminal courts of their respective counties during the ments to the secreyear ending on the 31st day of the previous December, designating the amount paid to grand jurors, petit jurors, witnesses, officers and other persons; the number and amount of forfeited recognizances; the number sued out, and the amount received therefrom. tary. P. L. 109. 21. The clerks of the commissioners of the several counties of this common- 80 March 1866 § 1. wealth shall have a general power to administer oaths and affirmations pertaining to the business of the commissioners' office. P. L. 834. in certain counties. 22. The county commissioners of the counties of Bucks, Lancaster, Juniata, 4 April 1870 § 1. Venango, Adams, Erie, Mercer, Westmoreland, Montgomery, Clarion and Schuylkill, before making any contract for the erection of any new building or buildings, To advertise probridge or bridges, or for the alteration or addition thereto, shall, by public adver- posals for contracts tisement, printed in not less than two weekly newspapers of the county, if so many be published therein, where the contract is to be awarded, for not less than four weeks, one of which shall be published in the county town, invite sealed proposals for the same, according to specifications, which shall be written or printed in a book to be kept by the commissioners for that purpose, and kept open for the inspection of all persons for at least four weeks before the time appointed by said advertisement for the opening of said sealed proposals, and which, at the time fixed, shall be publicly opened and the contract awarded to the lowest bidder or bidders, who shall, within ten days thereafter, give security to said commissioners for the faithful performance of said contract, according to said specifications: Provided, That no contract shall be awarded by county commissioners until Contractors to give the same, with the sureties for its faithful performance, shall be approved by one security. of the judges of the court of common pleas of the proper county. Ibid. § 2. 23. Any violation of the 1st section of this act by said commissioners shall be deemed a misdemeanor, and upon conviction thereof, said commissioners shall be Penalty for violasentenced to pay a fine not exceeding two thousand dollars. tion. Ibid. § 3. 24. In the case of bridges, the specifications may be for iron, stone or wood, all or either of them; and at the time of opening said proposals the commissioners Proposals for may elect which kind of structure said bridge shall be, and then award the con- building bridges. tract in accordance with the provisions of section first of this act. Ibid. § 4. Rebuilding of 25. In the event of the destruction by fire, flood or otherwise, of a bridge or bridges, on any important thoroughfare, or where delay in rebuilding will be of serious inconvenience to trade and travel, the commissioners may reduce the time bridges. of advertisement for sealed proposals, as also the time the specifications shall be open to inspection on the books of the commissioners, to two weeks. P. L. 168. 26. Whenever the several counties of the commonwealth, or any of them, shall 2 June 1891 § 1. become possessed of any real estate, and shall acquire or shall have acquired title thereto, in any manner, if at any time the county commissioners of the Power to sell real respective county or counties owning the same, desire to sell such real estate, estate. they shall have power to do so and make a deed under their hands and seals as commissioners, with the seal of the respective county or counties attached, and the same shall be and be deemed and taken to be a good and lawful conveyance in fee simple. Ibid. § 2. 27. Before any such sale shall be made it shall be the duty of the county commissioners of the respective county, to petition the court of common pleas in which the property is situate, setting forth a description of the property to be sold and the reason therefor, which said court shall thereupon fix a day for hear- day for hearing. (e) In an indictment against county commissioners for misfeasance in office, the mode of their election must be distinctly set out; and also the facts and cir Petition the court. cumstances, with time and place, which render the alleged act unlawful. Commonwealth v. Rupp, 9 W. 114. |