HomeMy WebLinkAboutKent & Stevens - County RecordsCOUNTY GOVERNMENT AND
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Sinking Fund Commission .......................... 402
Salary Board ..................................... 404
Retirement Board ................................. 406
Institution District Board ........................... 408
Board of Assistance. ............................... 432
Home for Dependent and Delinquent Children. ........ 444
Tuberculosis Sanatorium ........................... 45 1
County Engineer ................................. 461
County Surveyor ................................. 464
Board of Viewers. ................................ 469
County Planning Commission. ...................... 478
Zoning Commission and Board of Zoning Adjustment, 480
Park and Recreation Boards. ....................... 484
Mosquito Extermination Commission. ............... 487
Sealer of Weights and Measures. .I. ................. 490
County Superintendent of Schools. .................
Board of Directors of the County Library.
?. 495
........... ‘,I 513
Law Library Committee. ........................... 516
Bibliography .................... . ................ 518
Appendix ........................................ 523
A. Establishment of Counties of Pennsylvania. ..... 523
B. Judicial Districts ............................ 525
C. General Information about Counties of Pennsyl-
vania .................................... 531
D. Board of Assessment and Revision. ............ 533
Index ........................................... 537
. . . VI11
i
EXPLANATORY NOTES
An annotated list of the records series of each county office is contained
in the chapter on each office. Whenever feasible, records of the same type
or records reflecting a particular function of the office under which they
are listed have been grouped and given a subject heading.
The titles of records given in title lines are those assigned by legislation
or those which best describe the records. Significant variations found by
the Survey are noted. Legislation is the basis for the date spans given, but I
general deviations are noted. Where no dates are indicated the variations
found in the field were too extensive to be noted in the present volume.
Indexes to records are described in separate entries when such indexes
are required by specific legislation.
In the footnote references to the Constitution of Pennsylvania the dates
are speci$ed for the constitutions of 1776, 1790, and 1838; if no date is
given’the reference is to the Constitution of 1874.
I The following abbreviations are
am. .
Am.
art.
bore(s)
ch.
Comm.
camp.
Const. . . . .
Dall. .
Dist.
ed. .
et al. .
ibid.
Leg. Rec.
Leh. L. J.
- Luz. L. Reg. Rep,
mim. . . . . . . . . . . .
No. .l.. .
op. cit. . . . . . .
. .
. . .
.
. .
.
. . .
. . . .
.
.
.
.
. . .
. .
. .
.
. .
used :
amended
Amendment
article
borough(s)
chapter
Commonwealth
compiler
Constitution
Laws of Pennsylvania (Dallas)
Pennsylvania District Reports
editor
and another, and others
ibidem (in the same place)
The Legal Record Reports
Lehigh County Law Journal
Lucerne Legal Register Reports
mimeographed
Number
opere citato (in the work cited)
ix
X EXPLANATORY NOTES
p., pp. ....................... page(s)
Pa. .......................... Pennsylvania Supreme Court Reports
Pa. C. C. ..................... Pennsylvania County Court Reports
Pa. L. J. ...................... Pennsylvania Law Journal
par(s). ....................... paragraph(s)
Pars. ....................... Parsons Select Equity Cases
Phila. ........................ Philadelphia Reports
P.L. ......................... Laws of the General Assembly of the
Commonwealth of Pennsylvania
(Pamphlet Laws)
reen. ......................... reenacted
rep. ........................... repealed
Res. ......................... Resolution
sec( s). ....................... section(s)
S. and R. ..................... Sergeant and Rawle (Supreme Court
Reports)
Sm.L. ........................ LaTcts of the Commonwealth pf Penn-
Sylvania (Smith Laws) I
Sp. Sess. ..................... Special Session
St. at L. ...................... The Statutes at Large of Pennsylvania
‘sup. .......................... supplemented
Super. ....................... Pennsylvania Superior Court Reports
twp (s) ....................... township(s)
U. S. Stat. .................... United States Statutes at Large
v ............................. verstis (against)
vol(s). ....................... volume(s)
- - ....... ................ current, to date and continuing
I
COUNTY GOVERNMENT ORGANIZATION
IN PENNSYLVANIA
The Pennsylvania county provides an interesting subject for a study of
local government Its system is peculiar, representing as it does neither
the full county administration of the South nor the New England town-
ship system. In Pennsylvania there is no complete power in the county
nor in the township. An attempt is made at a partition of powers. The
municipal subdivision is not represented on the governing board of the
county, yet it participates in road and bridge construction. It may levy
taxes, yet this levy must be made on the basis of the last adjusted county
assessment. The county unit leads and regulates; the munidipal subdivision
participates.
Legal Status of the Coztnty. The position of the Pennsylvania county
in the framework of the State’s political institutions has never been clearly
defined. It may best be described as a quasi-corporation, which derives
iis power from legislative authorization and has no inherent right of self-
g0verntient.l Its municipal subdivisions, its cities, boroughs, towns, and
townships, serve as convenient areas for the conduct of the county’s busi-
ness. An additional governmental arm, operating within the county, is the
school district, organized on municipal. lines.*
The county is granted the power to preserve order and to administer
laws relating to taxation, for which purpose it utilizes the municipalities.
Pt must supervise the conduct of elections, construct public works, super-
vise institutional relief, and keep records of many matters relating to the
administration of county government.
The county and its subdivisions have always formed an integral part of
the State judiciary system. Originally the county performed only one ad-
ministrative function for the State, that of collecting State taxes levied
within the county. In recent years, however, the role of the county as an
’ Valz Kirk v. Clark and Graham, 16 S. and R. 286 (1827) ; Kittanning Academy v.
Brown, 41 Pa. 269 (1862) ; Lawence County v. Leonard, 83 Pa. 206 (1876) ; McKeaw
County v. W. A. Young, Commissioner of t?ze county of McKean, Apjellant, II Super.
481 (1899).
* Pennsylvania Local Government Commission, First Report to the General Assembly
of 1937, p. 11.
1
2 COUNTY GOVERNMENT
agent of the State has been extended to the fields of education, public
assistance, he&h, and the compilation of vital statistics. In all of these in-
stances the functions b&long to the State, the cdunty being utilized primarily
as a convenient geographic area. The county, cooperating with the State,
is similarly used by the Federal Government in carrying out the child wel-
fare provisions of the Social Security Act and in administering agricultural
extension services.3
The General Assembly may not establish a new county if such an act
would reduce the area of any existing county to less than four hundred
square miles and less than twenty thousand inhabitants,4 nor may it pass
special legislation for individual counties.5 Prior to the adoption of the
Constitution of 1874 there were many local laws enacted for particular
counties. Many of these older laws are still in effect because the constitu-
tional prohibition did not operate to repeal existing local laws. For many
years this situation augmented legislative problems since different laws are
needed for a county like Forest with a population of little more than 5,000
and a county like Philadelphia with a population of almost two million.
The General Assembly attempted to remedy this defect by classifying the
counties according to population and enacting legislation for all counties -
in a given class. In 1919 all the 67 counties were divided into 8 classes,B
and in 1923 a constitutional amendment was passed confirming this classi-
ticati0n.l Today, whenever a law relating to counties is passed, it’applies
eithe’r to all the counties or to a group of counties within a certain class.
Counties of the first class are those having a population of l,SOO,OOO or
more. Those having a population less than this but over 800,000 are desig-
nated counties of the second class. Counties of the third class are those
having a population of 250,000 or more but less than 800,000 inhabitants.
Counties of the fourth class range from 150,000 to 250,000 inhabitants ;
those of the fifth class from 100,000 to 150,000; those of the sixth class
from 50,000 to 100,000 ; those of the seventh class from 20,000 to 50,000 ;
and those having less than 20,000 constitute counties of the eighth class.
Philadelphia and Allegheny counties are the only counties belonging to the
first and second classes respectively. 8 A county advances or recedes from
’ 1935, 49 U. S. Stat. 620, ch. 531.
’ Const., art. XIII. :
‘Zbid., art. III, sec. 7;‘.Jacob Tanger and Harold F. Alderfer, Pe~rrcs~htar&~ Govern-
ment, State and Local, pp. 189, 190.
’ 1919 P.L. .887 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 31.
‘Cons&, ar2. III, sec. 34 as am. 1923.
’ Perknsylvakkia Manual, 1937, p. 114.5.
GOVERNMENT ORGANIZATION 3
one class to another automatically as its population grows or falls, as de-
termined by the last preceding decennial census of the United States.D
The Constitution of 1874 further provides that taxes be uniform upon
the same class of subjects wi’thin the territorial limits of the authority
levying the tax. The General Assembly may exempt from taxation public
places used for public purposes, places of burial not held for private or
corporate profif, charitable instbtutions, churches, and property owned by
military organizations.10 Neither municipalities nor counties may incur
debts in excess of 7 percent of the assessed valuation of the taxable prop-
erty therein.l’
Structural Development of County Government. Many of the present
practices in Pennsylvania county government may be traced to British in-
stittitions of the Tuddr and Stuart periods which were brought to America
by the early English settlers. With the exception of a single year of Dutch
dominion, the area later known as Pennsylvania was operated under the
Duke of York’s laws from 1664 to 1681.12 It was divided into ridings,
towns, and parishes, the. town or parish constituting the principal unit of
local governme& The riding was an aggregate of towns and parishes and
though not a political factor, served as a division between the town and
the province, with the high sheriff as its chief officer. A constable and
board of overseers, at first eight in number, later four, managed the affairs
of the town or parish.
Each town had a court, with i(ts own officers, as well as other town
officers, who were selected directly by the people. The Governor selected
the sheriff annually from three nominees of the justices sitting in the last
sessions. The constable served for 1 year and the overseers for 2 years.
One-half of the overseers retired each year. The legislative body was com-
posed of the constables and overseers, who were also ex officio church
wardens, and in this capacity served as the moral guardians of the parish.
The court of sessions was a court of appeals in all judicial proceedings
o 1919 P.L. 887 sec. 2 rep. 1929 P.L. 1278 sec. 1501 but reen. in sec. 32 am. 1931 P.L.
401 sec. 1.
lo Cons&, art. IX, sec. 1 as am. 1923.
I1 Co&., art. IX, sec. 8 as am. 1920.
“The Duke of York’s Laws were extended to the valley of the Delaware in 1676
by proclamation of Governor Edmond Andros, in Charter to William Penlz and L.azu
of the Province of Pennsylvania, Passed between- the Years 1682 axd 1700, Preceded
by the Duke of York’s Laws k Force from the Year 1676 to the Year 1682, p. 455,
hereinafter cited as Charter- to Willianz Penn.
4 COUNTY GOVERNMENT
and could disallow by judicial negation the legislative acts of the constables
and overseers.13 This court had both civil and criminal jurisdiction ; a
clerk was appointed to keep its records in English.14 The same court was
instructed to care for the estates of orphans. I5 The clerk of this court was
required, in addition to his regular duties, to record all conveyances of
real estate.16
The two taxes known as the public charge and the town rate constituted
the sole administrative income of the local governmental unit. They were
levied and collected according to the following procedure: The sheriff of
the riding issued a “precept.” The constables and overseers then made out
a list of taxable persons and appraised all property. This list was returned
to the sheriff who certified it to the Governor after examining it. Indi-
I vidual complaints could be made to the court of sessions. Constables col-
leoted the taxes.l’
During this period the poor were considered not a civil gut rather an
ecclesiasdcal responsibility. The church wardens were charged with the
care of the needy and helpless. In 1664 the Duke of York’s Laws recog-
nized the necessity for further aid to the needy and the responsibility of
each town in connection with its needy inhabitants. As a result provision
was made for discretionary aid on the part of the riding in helping its
towns by contributions to meet this problem.18 One year later this aid was
made mandatory.1°
The first provisions for standard weights and measures were made under
the Duke of York when the high constable in each riding was ordered to
provide sealed and uniform standards and to see that the constables and
overseers of each town provided like weights and measures.2o Under an
order made at the General Court of Assizes the King’s standards of orig-
I8 Elgin R. L. Gould, Local Government in Pennsylvania, I, 21-23.
I’ George E. Howard, An Introduction to the Local Constitutional History of the
United States, I, 370. The existence of this officer under the Duke of York is evidenced
in Charter to William Penn, pp. 12, 13, 24, 26, 33, 44, 73.
“Duke of York’s Laws in Charter to William Penn, pp. 5, 6. For full discussion of
this jurisdiction and its development, see section on judiciary infra.
I0 Duke of York’s Laws in Charter to William Penn, pp. 23, 26, 62, 66.
” Ibid.
’ I8 Duke of York’s Laws in Charter to William Penn, p. 58.
I’ Ibid., 11. 64.
‘ODuke of York’s Book of Laws, March 1, 1664, in Charter to Willium Penn, p. 51.
GOVERNMENT ORGANIZATION 5
inal weights and measures for the Exchequer were ordered to be used.21
This provision was reiterated 3 years later.22
Justices’ courts were introduced by proclamation of Governor Andros
in 1673 in Upland, Whorekill, and New Castle, along the Delaware. These
courts had legislative as well as judicial powers. They could levy taxes for
local administ’ration, determine matters of 20 pounds or less without ap-
peal, adjudicate criminal matters, and appoint overseers of highways and
viewers of fences for the better management of roads and bridges.*’
Between #the time of William Penn’s charter in 1682 and the Revolution
the foundations of county government were laid and the county replaced
the town in importance.’ Penn introduced several organic laws which were
the foundation of Pennsylvania proprietary government : the Laws Agreed
upon in England, the frames of government of 1682, 1683, and 1696, and
the Charter of Privileges of 1701. With-the exception of several minor
provisions the frames of government of 1682 and 1683 were practically
the same. The only basic differences were in respect to the number of
members of the Assembly and Provincial Council and the provision that
the Council and Assembly should constitute the General Assembly instead
.of the Assembly alone. 24 By the charter of 1701 an elective council was
1 wholly done away with. In spite of this fact the governors afterwards ap-
pointed councils to assist them in the performance of their duties. The
Assembly was to consist of four persons elected from each county, to judge
the qualifications of its own members, appoint committees, prepare and
pass bills, redress grievances, and impeach criminals.25
Under the Frame of Government of 1682, the Provincial Council was
annually to nominate twice the number of persons required to serve as
judges, treasurers, and masters of the rolls, and the freemen were to
nominate annually a double number of persons to serve as sheriffs, jus-
tices of the peace, and coroners, all of whose names were to be presented .
to the Governor, who appointed and commissioned the proper number for
‘I Orders made at the General Court of Assizes, October 24, 1672, in CIzarter to
* William Penn, p. 73.
**Orders made at the General Court of Assizes, October 27, 1675, in Charter to
William Penn, p. 75.
x3 Duke of York’s Laws in Charter to William Pew, p. 25; Lawrence Lewis, Jr.,
“The Courts of Pennsylvania in the Seventeenth Century,” The Pennsylvania Maga-
zine of History and Biography, V (1881), 143.
*Frank M. Eastman, Courts and Lawyers of Pennsylvania, A History, 1623-1923,
I, 81.
s Eastman, op. cit., I, 179.
6 COUNTY GOVERNMENT
each office.26 This provision was ,repeated in the Frame of Government
in 1683.27 Under the Charter of Privileges of 1701 the manner of selec-
tion of sheriff and coroner remained the same but their term was extended
to 3 years.28 During this period the sheriff drew the grand jury.2a The
grand jury, or grand inquest, as it was first designated, was an Anglo-
Saxon institu’tion which was considered so vital that it was incorporated
in the Laws Agreed upon in England.30
While the courts, the members of which were appointed by ‘the Provincial
Council,31 retained a large part of their power over countj administration
under the proprietary, they began to lose it to new county offices which
were created from time to time. The county court of general sessions levied
county taxes,32 supervised the erection of buildings 33 and the laying out
of roads,34 and took care of the poor. 35 The courts further began to ap-
point viewers for the settlement of building projects 36 and remained the
real center of authority for some time. The first direct transfer of a part
of i’ts authority and power occurred when an aot of 1696 provided for the
annual election of six assessors in each county. The treasurer became an
appointee of the assessors.3’ These assessors as well as the grand jury
*The Frame of the Government of 1682, in Charter to William Pew, p. 97, sec. 17.
81 The Frame of the Government of April 2, 1683, in Charter to William Pew, pp.
158, 159, sec. 16.
‘a Eastman, op. cit., I, 179. See also act of 170.5-06, II St. at L. 272 when their term
was again reduced to 1 year.
*@ 1700, II St. at L. 132 ch. 98 sec. 1.
MLaws Agreed upon in England, 1682. in Charter to William Penn, p. 100, sec. 8.
See also The Body of Laws, December 10, 1682, in Charter to William Pew, cl?.
XXXVIII, p. 117; Laws of the Assembly, 1683, in Charter to William Penn, ch.
LXVIII, p. 129. As a matter of fact this institution was considered so important to
. the early Americans that it was one of the rights they demanded before they would
accept the Constitution of the United States. See Const. of U. S. Am. V.
‘I The Frame of the Government of 1682 in Charter to William Penn, p. 95, sec. 5.
*‘Laws of the Assembly, 1683, in Charter fo William Pew, ch. CXXVII, pp. 146,
147.
“Ibid., ch. CI, pp. 139, 140.
“Ibid., ch. LXXXIX, p. 136; Laws of the Assembly, May 15, 1693, in Charter to
William Penn, p. 233; 1700, I Dall. 16 sec. 2.
m The Body of Laws, 1682, in Charter to William Penn, ch. XxX11, p. 115.
=Laws of the Assembly. 1685, in Charter to William Penq pp. 178, 179,
“The Frame of the Government, 1696, in Charter to William Pew, p. 258, sec. 3;
1700, II St. at L. 34 sec. 3; 1717-18, III St. at L. 175, sec. 1.
GOVERNMENT ORGANIZATION 7
were to aid the justices in levying and collecting taxes.“” The constables
brought to the assessors lists of individuals and the value of the property
subject to taxation. The assessors constituted a board for the hearing and
decision of appeals from tax assessments and appointed tax collectors.
This system proved inadequate, hence in 1711 the Assembly appointed
three commissioners in each county to serve until the next session.88 The
commissioners immediately joined the assessors in the appointment of the
county ,treasurer.*O Between that time and 1722 appointed county com-
missioners were always provided for by statute, the number of members
in each county varying between (three and five.41 They were given the
power to appoint a clerk.42 The law of 1722 and the one replacing it 3 years
later made the office of commissioner permanent and elective with a 3-year
term. Since that time the board of county commissioners has always con-
sisted of three members.43 The act of 1725 effectually took from the courts
mos’t of their administrative funotions. It was now the commissioners who
Issued the “precepts” to the constables, heard and tried appeals from tax
assessments, and instituted action against delinquent taxpayers and against
assessors and treasurers for neglect of duty. By virtue of this same enact-
ment ithe counties were conveniently divided into assessment districts.
With the advent of the Penns the county assumed responsibility for the
care of the poor but the township apparently did not lose all control. The
justices of the peace were authorized to supervise poor relief.*4 The fact
that township overseers of the poor cominued to administer to the needs
of the poor is evidenced by an act of 1693, which recognized disbursements
made by “justices or overseers of the poor.” 45 In 1706 the first general
‘* The .Frame of the Government, 1696, in Charter to William Penn, pp. 256-259 ;
Laws of the Assembly, 1699, in Charter to William Penn, pp. 280-282; 1700, II St. at
L. 34 sets. 1, 2.
3!‘1710-11, II St. at L. 369 sec. 1.
‘“liid., sec. 3; 1710-11, II St. at L. 372 sec. 2; 1717-18, III St. at L. 175 sec. 11;
1724-25, IV Sr. at L. 10 sec. 13; 1757-58, V St. at L. 337 sec. 13; 1759, V St. at L.
379 sec. 12; 1759-60, VI St. Pt L. 3 sec. 12.
” 1710-11, II St. at L. 369, 372; 1712-13, III St. at L. 3; 1715, III St. at L. 83;
1717, III St. at L. 128; 1717-18, III St. at L. 175.
(’ 1715, II St. at L. 83 7. sec.
-1722, III St. at L. 295 sec.5 1-3; 1724-25, IV St. at L. 10 sec. 2.
‘* The Great Law, 1682, ch. XXX11 in Charter to William Pew, p. 115.
la Laws of the Assembly, 1693, in Charter to William Penn, p. 233, sec. 17.
8 COUNTY GOVERNMENT
poor relief act was padsed, providing that the justices of the county should
select two or more overseers of the poor in each township.4s The town-
ship administration of poor relief continued in some counties, with
variou‘s changes, until the adoption of the county institution district in
1937.41
During the proprietary period the precursors of the present county offices
of recorder of deeds, register of wills, district attorney, prothonotary,,
county surveyor, and the board of viewers were instituted. Under Penn’s
Frame of Government a master of the rolls was to be appointed+* At the
firslt meeting of the legislature in 1682 the founders of Pennsylvania made
provision for the enrollment of deeds, grants, and conveyances in a public
enrollment office. Only one office for the recording of deeds was set up,
in Philadelphia, for the entire Province. 4g Before this and under the Duke
of York’s regime the clerk of every court of sessions had been required to
“en’ter” all “grants, sales, and mortgages.” 5o In 1706 an act of Assembly
provided for the recording of deeds in each county to be under the super-
vision of a “recorder” or enroller. No method of appointment for this office
was stipulated.” Five years later these provisions were reenacted.62 It
was not until 1715 that the recorder was definitely institu’ted as a county
officer by an act of that year which required each county to maintain an I
office for the recording of all deeds, mortgages, and conveyances of landSs3
The recorder was usually appointed by the Assembly.
The differentiation of county clerical offices began with the development
of county government under the proprietary. In pursuance of the pro-
visions of the Charter of Privileges, the clerk of the peace, who followed
the old clerk of the sessions, was selected by the Goirernor from three can-
didates nominated by the justices of the respective counties.54 He acted as
clerk of all the county courts for a number of years, performing all the
‘“1705-6, II St. at L. 251 rep. 1771, VIII St. at L. 75 sec. 30 but reen. and am. in
sets. l-29 rep. 1937 P.L. 2017 sec. 702.
” 1937 P.L. 2017. See &&z, pp. 00-00 (County Institution District).
48 The Frame of the Government of 1682 in Charter to W’illiam Penn, p. 97 sec. 17.
“Thomas Sergeant, A View of the Land Laws of Pennsylvania, pp. 230-235.
M, Duke of York’s Book of Laws in Charter to William Penn, pp. 23, 24.
“1705-6, II St. at L. 206 sets. 1-5.
6”1710-11, II St. at L. 331, 349.
@John H. Martin, Bench altd Bar of Philadelphia, pp. 104-106; 1715, 1 Sm.L. 94
xc. 1; 1777, 1 Sm.L. 443.
MThe justices themselves were now appointed by the Governor instead of the Pro-
vincial Council. See Eastman, op. cit., I, 179, 182.
GOVERNMENT ORGANIZATION 9
duties which are now performed by the various clerks of the different
courts.
With the growth of the work of these courts and the passage of the
judiciary acts recognizing a defined division between the criminal and civil,
the necessity for separate courts became apparent.65 An ordinance of Gov-
ernor Evans in 1707 established a separate court of common pleas, having
in civil matters praotically the same jurisdiction as the former county.
courts. The term prothonotary appeared in this ordinance. This officer
was to act as clerk- for the new court, but for many years the term pro-
thonotary continued to be used interchangeably with that of clerk of the
peace. With the further development of the judicial system the distinction
between them became more clearly defined, though both offices were usually
filled by the same man.66 The duties of the prothonotary, as a separate
officer, were first prescribed in detail by legislation in 1715.57
William Penn established a system of granting land to his colonists by
warrant and survey. For the purpose of conducting the sale of lands a
Secretar of the Land Office, Surveyor General, Audimtor General, and J
Receiver General were appointed. 5s Deputy surveyors were appointed by
the proprietary or the Commissioners of Property at first, and later by the
Surveyor General. These deputies of the Surveyor General made the n’eces-
sary survey called for in the warrant. In 1781 the office of Surveyor Gen-
eral received statutory sanction .5v In 1850 the appointed office of deputy
surveyor was replaced by the elective office of county surveyor.6o In
1874 this county office was given constitutional sanction and the office
of Surveyor General was abolished.61
The Attorney General, through deputies, conducted criminal prosecutions
in the counties during the regime of the Penns. Evidence of this fact is
the appointment of James Logan as Attorney General in 1717.82 There
was no act to authorize the appointment of these deputies, but a number
65 For a discussion of judicial developmerit, see infra, pp. 00-00 (Judiciary).
” Eastman, op. cit., I, 187; F. M. Whitwy v. James Hopkins, 135 Pa. 246 (1890).
” 1715, III St. at L. 73, 125. For details, see infru, pp. 00-00 (Prot@otary).
” Sergeant, op. cit., pp. 34, 35.
” 1781, 1 Sm.L. 529 sets. 2, 3; 1843 P.L. 324 sec. 5.
m 1850 P.L. 434 sec. 5 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 160; 1929 P.L.
1278 sec. 51 am. 1931 P.L. 401 sec. 1.
al Cob., art. XIV, art. IV, sec. 19.
m Eastman, op. cit., I, 251.
10 CqUNTY GOVERNMENT
of acts recognized their existence and they were the precursors of the pres-
ent district attorneys, who superseded them in 1850.“3
The office to be designated as the register of wills during the constitu-
tional era of the Commonwealth also had its roots under the government
of the proprietor. In the Laws Agreed upon in England provision was
madme for a register of birth, marriages, burials, wills, and letters of admin-
istration, distinct from the office for enrolling deeds.64 A Register General
was appointed for the province on December 7, 1682, who kept his office
in Philadelphia and commissioned d’eputies to act in the respective counties.
In the same volume in which this appointment is noted and which starts in
1682 are recorded inventories of estates and wills as well as records of
births, deaths, and marriagesS6j The duties of the Register General and
his deputies were not clearly defined until the passage of the act of Janu-
ary 12,‘1705. Under its provisions he was ,to be appointed by the Gov-
ernor and keep his office at Philadelphia. He was directed to appoint depu-
ties who were to give bonds, which were to be recorded in the orphans’
c0urt.s6
Another county office, the basis of which was established in the pro-
prietary era, is that of the three county auditors. A law of 1700 provided
that the justices of the county court and the assessors annually audit the
accounts of the county treasurer. ” In 1718 these accounts were audited
by the assessors and commissioners inst,ead of the justices.GR This practice
continued until 1732, when an act of Assembly required the commissioners,
assessors, and treasurers to show the grand jury and the justices all account
books with the proper vouchers annually.6D The first provision for the selec-
tion of county auditors was made in 1791 when the court of common pleas
Bs Ibid., II, 471; 1850 P.L. 654 am. 1852 P.L. 45 rep. as to Dauphin County, 1853
P.L. 667 ,sec. 7*but reen. for the entire State, 1883 P.L. 15; 1929 P.L. 1278 sec. 245.
“Laws Agreed upon in England, 1682, in Charter to Will&~ Pemz, p. 101 sec. 22.
O5 William H. Lord, Early Courts of P eirnsylvaniu, p. 219. For a further discussion
of the office of Register General, see: Samuel Hood, Practical Treatise on the Law
Relating to Registers of Courts, Orphans’ Court, Auditors, Executors, Admiktrators,
Guardiafls, axd Trustees in Pennsylvafzia, pp. 37, 220; 1705, 1 Sm.L. 33 sec. 8 rep.
1917 P.L. 415 sec. 26; Martin, op. cit., p. 70.
‘“Loyd, op. cit., p. 220. For development of orphans court, see section on Judiciary,
iwfra.
“’ 1700, II St. at L. 23 sec. 3.
O5 1717-18, III St. at L. 175 sec. 11; 1724-25, IV St at L. 10 sec. 13.
” 1732, IV St. at L. 234 sec. 2.
1
GOVERNMENT ORGANIZATION 11
was authorized to appoint three reputable freeholders to audit, settle, and
adjust the public accounts of the treasurer and commissioners.‘”
The present board of viewers also had its inception under the proprietary
when the practice of appointing road viewers was begun. In 1685 the
county courts were authorized to select such a number of persons as they
saw fit to view all partition fences about improved lands, to be the sole
judges of the sufficiency of such fences, and to determine how the cost of
such fences should be divided. They were further authorized to notify
owners of improved lands of the insufficiency of such fences.?l In 1699 the
justices of each county were empowered to lay out and confirm all roads
except the King’s Highway and public roads, th’e latter to be laid out by
order from the Governor and Council. The justices of the county court
were authorized to appoint six men to view the site of a proposed private
road.12 This provision was repea,ted by an act of 1700 which, however, re-
stricted the construction of such roads on improved land.73
A statute of 1700 required that standards of weights and measures be
provided in each county and that the Governor appoint a county officer to -
keep them in his custody.74 Many counties found this provision burden-
some and the office was abolished therein by special acts.15
The new constitutional government of 1776 did not immediately insti-
tute drastic changes in the form of Pennsylvania’s local government, ,al-
though they saw the culmination of a tendency toward concentration of
certain powers in the hands ,of officers clearly defined as county officials.
The administrative body of the county was still the board of county com-
“1791, 3 Sm.L. 15 sec. 1.
‘I Laws of the Assembly, May 10, 1685, in CItarter to William Penn, pp. 178, 179.
‘*Laws of the Assembly, May 10, 1699, in Charter to William Penn, p. 285 sec. 6.
ia 1700, II St. at L. 68 sec. 2. See also act of 1735-36, IV St. at L. 296 sec. 1.
“1700, 1 Sm.L. 18 sec. 1 supp. 1834 P.L. 524 and reen. in 1845 P.L. 443 sec. 5
which was rep. in 1883 P.L. 6 No. 5.
” 1845 P.L. 524 rep. as to York County 1858 P.L. 44 No. 58; 1845 P.L. 443 rep.
as to Montgomery County 1859 P.L. 198 sec. 1 but its provisions were again extended
thereto by act of 1867 P.L. 233; 1845 P.L. 443 rep. as to Dauphin County, 1859 P.L.
198 &ec. 1 but its provisions were again extended thereto by act of 1872 P.L. 121 rep.
1883 P.L. 6 No. 5; 1845 P.L. 524 rep. as to Berks, Bucks, Franklin, Lancaster, Lehigh,
and Westmoreland Counties by act of 1859 P.L. 198 sec. 1 rep. 1883 P.L. 6 No. 5; o&e
of sealer of weights and measures abolished in Cumberland, Clearfield, and Perry
Counties by act of 1859 P.L. 633 No. 625; 1845 P.L. 524 rep. as to Adams, Cumberland,
Perry, Lebanon, and Washington Counties 1860 P.L. 511 No. 417 rep. 1883 P. L. 6
No. 5. See also Giles D. Price, Index to Locat Legislatiolt in Pewsylvania from,
1700 to 1892, passim.
12 COUNTY GOVERNMENT
missioners elected directly by the people for a 3-year term.‘B The assessors
were also elected directly by the people ‘17 and the sheriff and coroner were
to be commissioned annually by the President in Council frog two nominees
elected by the freemen.78
The Constitution of 1776 provided for the election of a recorder of deeds
and register of wills for each county. ” These offices, given constitutional
sanction at the same time were usually filled by one man and are filled by
the same man today in some of the smaller counties. The office of Register
General was abolished. yo Though no provision was made in this constitution
for the clerical offices of prothonotary and clerk of the court of quarter
sessions and oyer and terminer, during the period of the Revolution and
immediately following it the services of these offices were likewise per-
-formed by the same individual. A clerk of orphans’ court was not recog-
nized by legislation in this period, but the court had already been definitely
identified much earlier and the clerks of the other courts acted as clerk of
the orphans’ court as welLS1
- Four years after the adoption of the Constitution of 1776 the office of
county assessors was abolished.82 Road viewers continued to be appointed
by the court, the number remaining at six, and their work being extended
to the vacating as well as the construction of roads.83
The Constitution of 1790 effected innovations in the judicial system
which were confirmed by act of 1791.84 Each county was made part of a
judicial circuit headed by a president judge. The county itself was per-
mitted to have no fewer than three nor more than four judges.85 These
judges were authorized to appoint three auditors to “audit, settle and ad-
just the public accounts of the treasurer and commissioners.” 86 Provisions
for offices and registers’of wills and recorders of deeds in each county were
again reiterated.87 The sheriff and coroner were to be appointed by the
” Const., of 1776, ch. II, sec. 31.
” Ibid,
TB Ibid. Thus was their 3-year tenure again reduced to 1 year.
” Const. of 1776, ch. II, sec. 34.
a’ 1777, IX St. at L. 68.
“For discussion of judicial development, see infra, pp. 27-42.
** 1780, X St. at L. 238 sec. 6.
‘*1785, XI St. at L. 415 sec. 1.
41 See infra, pp. 27 ff. (Judiciary) ; also List of Judicial Districts.
” Const. of 1790, art. V, sec. 4.
“1791, 3 Sm.L. 15, sec. 1,
” Const. of 1790, art. V, sec. 11.
GOVERNMENT ORGANIZATION 13
Governor from two nominees elected by the citizens of each county for a
term of 3 years.88 Prothonotaries, “clerks of the peace and orphans’
courts,” were constitutionally mentioned for the first time in ,a provision
requiring that they keep their offices in the county seat in which they were
officers.sg The appointment of these officers was to be made by the
Governor.BO
After the adoption of the Constitution of 1790 the care of the poor was
shifted to the counties by a series of special acts providing for the appoint-
ment of elected poor directors for each county “poor district” and abolish-
ing township overseers of the poor. In 1798 this county system was set up
for Lancaster and Chester Counties. g1 The number of poor directors was
usually fixed at three and their tenure was 3 years. They were authorized
to erect a county almshouse and supervise it when completed. Their accounts
were audited by the county auditors. Between 1798 and the adoption of
the Constitution of 1874, which forbade special legislation, over 20 counties
adopted this system. Other systems adapted to local needs and customs
were adopted elsewhere.s2
In the same period the term of the county treasurer was fixed at 1 year,“3
and many counties were authorized by IegisIation to adopt the county unit
poor system.04 The auditors were elected annually instead of being ap-
pointed by the court of common pleas from 1809 to 1814 when their’ term
was increased to 3 years, one auditor being replaced each year. In 1810
they were authorized to audit the accounts of the sheriff and coroner as
well as the commissioners and treasurer. 9g It was also during this period
prior to the adoption of the Constitution of 1838 that provision was made
for the office of a clerk of orphans’ court, a function which had been exer-
cised previously by the clerks of the other courts. An act passed in 1834
provided that the orphans’ court be held in every county as a court of
record, the clerk to have custody of the records and seal of the court and
‘a Ibid., art. VI, sec. 1.
a9 Ibid., sec. 3.
WIbid., art. II, sec. 8.
“1798, XVI, St. at L. 15. For other counties adopting this system, see Price, op.
cit., pas&m.
‘*For a fuller discussion of these systems, see ilzfra, ch. XXIX on County Institu-
tion District Board.
“?1799, 3 Sm.L. 393 sec. 13.
“See infra, ch. XXIX on the Institution District Board.
‘1809 P.L. 41, 5 Sm.L. 19 sec. 1; 1810 P.L. 208, 5 Sm.L. 161; 1814, 6 Sm.L. 103
sec. 1 rep. 1929 P.L. 1278 sec. 1051; 1834 P.L. 537 sec. 44 rep. 1929 P.L. 1278 sec. 1051.
14 . COUNTY GOVERNMENT
to perform, under the direction of the court, all the duties pertaining to . his office.86
The laws pertaining to the duties of the road viewers were more definitely
summarized by an act of 1802. Under its provisions the court of quarter
sessions was empowered to appoint six men to view the proposed site of a
new road. They were to report their finding to the court and if the ap-
proval of five of their number was followed by the court’s approval the
county could begin the proposed construction.gT
The Constitution of 1838 instituted many significant changes in county
government. It particularly fostered changes which increased the power
of the electorate. The prothonotary and clerks of the other courts, recorder
of deeds, and register of wills,gs as well as the sheriff and coroner,90 were
to be elected directly by the citizens of each county for a term of 3 years.
The constitution further stated that the “Legislature shall provide by law
the number of persons in each county who shall hold said offices and how
many and which of said offices shall be held by one person.” The legis-
lature promptly passed an act in 1539 specifically designating these facts
for each county then in existence.loO In the decade which followed, the
county treasurer,lO’ the district attorney who replaced the former deputy
Attorney General in each county,‘O” and the county surveyor whose duties
were to include the functions of the former deputy surveyor lo3 were made
elective.
The county commissioners in each county were directed to appoint a
mercantile appraiser lo4 as the result of a tax at first placed on vendors of
foreign‘ merchandise lo5 and later extended to all mercantile establish-
ments.lo6 This development had been preceded a year earlier by a law
ga 1834 P.L. 352; 1917 P.L. 363 sec. S(b-1) ; Hood, op. cit., p. 105.
“1802, XVII St. at L. 151 sees. 1, 17, 18, 25. See also acts of 1809, 5 Sm.L. 53 sec.
1; 1815, 6 Sm.L. 242; 1829 P.L. 114; 1836 P.L. 551 sec. 83.
a’ Const. of 1838, art. VI, sec. 3.
M Const. of 1838, art. VI, sec. 1.
Ion 1839 P.L. 559 sec. 1.
lo1 1841 P.L. 400 sec. 1.
“’ 1850 P.L. 654 sec. 1.
loa 1850 P.L. 434 sets. 5, 10, 11 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 160.
“1846 P.L. 486 sec. 12; 1887 P.L. 60 sec. 3 sup. 1899 P.L. 184 sec. 3; 1929 P.L.
343 sec. 609.
“‘1821, 7 S&L. 471 rep. 1824 P.L. 32 sets. 8, 9 but reen. in sec. I ; rep. 1830 P.L.
387 sec. 11 but reen. in sec. 1.
‘O”1841 P.L. 307 sec. 10. For a list of the mercantile establishments subject to a tax,
see Pennsylvania Tax Commission Report to the General Assembly for the Common-
wealth of Pennsylvania, p. 17, hereinafter cited as Tu.~ Commission Report.
GOVERNMENT ORGANIZATION 15
authorizing the commissioners of Philadelphia and Allegheny Counties to
appoint such an officer to facilitate the assessment of this tax.‘O’ Another
change effected in the same period was in the method of tax assessment
and revisions. In 1842 the county commissioners were named, together
with the associate judges, an ex officio board for purposes of revision of
tax assessments. The judges were removed from the board by an amend-
ment passed 2 years later. loS As a result of this action the board of re-
vision has.consisted of the county commissioners alone in all except third-
class counties, since that date. A board for the assessment and revision
of taxes was established for counties with a population ranging from
300,000 to l,OOO,OOO. The three members of this board were appointed
by the courts of common pleas to serve for 3 years. In 1931 this provision
was repealed in the same act which established a similar board for the
assessment and revision of taxes for all counties of the third class. This
board also consisted of three members but they were now appointed by
the county commissioners for a term of 4 years.l”’ Road viewers continued
to be appointed by the courts in each county throughout the period follow-
ing 1838. Their number was reduced to three by special acts in many coun-
ties starting in 1845. The scope of their duties was enlarged beyond the
mere viewing of roads.llO In 1854 the county superintendent of schools
began to function as a county officer, as a branch of the newly developed
school system of the Commonwealth. The superintendent was elected by
local boards of school directors for a term of 3 years.ll.l In 1867 two jury
lo1 1845 P.L. 533.
loa 1842 P.L. 441 sec. 10 am. 1844 P.L. 501 rep. 1933 P.L. 853 sec. 601 but reen. in
sec. 501.
lo8 1905 P.L. 47 No. 32 sec. 1 rep. 1931 P.L. 1379 sec. 1 but reen. and am. in sets.
l-10.
‘lo 1838 P.L. 537 sets. 19, 20; 1843’P.L. 177; 1844 P.L. 137 sec. 2; 1844 P.L. 570 sec.
10; 1815 P.L. 52; 1846 P.L. 175; 1850 P.L. 395; 1852 P.L. 488; 1852 P.L. 622; 1854
P.L. 62; 1854 P.L. 204; 1855 P.L. 189; 1855 P.L. 223; 1855 P.L. 240; 1856 P.L. 454;
1857 P.L. 204; 1857 P.L. 205; 1857 P.L. 296; 1857 P.L. 335; 1857 P.L. 338; 1859 P.L.
139; 1859 P.L. 309; 1859 P.L. 508; 1860 P.L. 53; 1860 P.L. 61; 1860 P.L. 76; 1860
P.L. 105 ; 1860 P.L. 144 rep. as to Lycaming County 1905 P.L. 75 ; 1860 P.L. 586 ; 1860
P.L. 610; 1861 P.L. 84; 1872 P.L. 413; 1876 P.L. 131 am. 1878 P.L. 41 further am.
1911 P.L. 91 sec. 1; 1878 P.L. 150 No. 190 rep 1929 P.L. 1278 sec. 1051; 1879 P.L. 146
am. 1887 P.L. 267 further am. 1903 P.L. 74 further am. 1911 P.L. 970 rep. 1929 P.L.
1278 sec. 1051; 1885 P.L. 170 supp. 1887 P.L. 306 rep. 1929 P.L. 1278 sec. 1501 but
reen. as am. in sets. 941-944; 1897 P.L. 213 am. 1901 P.L. 259 No. 166; 1911 P.L.
167 sec. 2; 1911 P.L. 756 art. XII sec. 1; 1901 P.L. 668 No. 338 rep. as to twps. 1917
P.L. 840 sec. 1500, rep. as to boros. 1915 P.L. 312 ch. XIII art. I sec. 1.
‘I1 1854 P.L. 617 sets. 37, 39.
16 COUNTY GOVERNMENT
commissioners were added to the expanding group of county func-
tionaries.ll’ After this time the personnel of the gran’d jury was selected
by them.
The Constitution of 1874 listed as county officers the prothonotary, clerk
of the courts, sheriff, coroner, register of wills, recorder of deeds, three
county commissioners, the treasurer, surveyor, controller or auditors, and
district att0rney.l’” Pennsylvania county government now reflected an
elaborate development from its original structure, as can be seen by a com-
parison of the charts of county government of 1682 and 1874. The new
constitution abolished the office of associate judge of the court of common
pleas, not learned in the law, in counties f’orming separate judicial dis-
tricts,l14 and effected several definitive changes concerning the judici-
ary.ll”
By 1940 many further changes had been made in the structural organiza-
tion of county governmen \ as a result of increasing county activity. The
mercantile appraiser, formerly appointed by the county commissioners,
was now named annually by the State Auditor General.“’ The terms of
all elected county officers were extended to 4 years with the exception of
the judges who retained their tenure of 10 years.ll? In 1895 legislative
recognition was afforded the practice of the board of county commission-
ers to appoint a county solicitor to conduct and defend all suits brought on
behalf of or against the county. I18 Today every county has such a
solicitor.1io
The developt;nent of the office of county detective was similar to that of
county solicitor. It was established in Philadelphia in 1869 lZo and in
Allegheny County in 1870.121 In 1874 provision was made for the ap-
pointment by the district attorney of a special detective whenever such
appointment was deemed necessary in the solution of crimes.lZ2 This soon
11’ 1867 P.L. 62 sec. 1; 1929 P.L. 1278 sec. 293 am. 1931 P.L. 401 sec. 1.
“‘Const., art. XIV, sec. 1.
‘I4 Ibid., art. V, sec. 5.
115 Ibid., sec. 9. See also Judiciary, infra, p. 34.
=a 1899 P.L. 184 sec. 3 am. 1919 P.L. 963 sec. 1; 1929 P.L. 342 sec. 406. This power
of appointment was later transferred to the Secretary of Revenue.
‘l’const., art. V, sec. 15, art. XIV, sec. 2 as am. 1909.
X8 1834 P.L. 537 sec. 5 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 1031; 1895 P.L.
101 No. 75 am. 1903 P.L. 11 No. 11 rep. 1929 P.L. 1278 sec. 1051 but reen. in sets.
151, 152.
“’ Pennsylvaka Manual, 1937, pp. 1146-1183.
120 1869 P.L. 1011 No. 1001; 1872 P.L. 575 No. 604.
In 1870 P.L. 359.
111 1874 P.L. 219 sec. 1 rep. 1929 P.L. 1278 sec. 10.51 but reen. in sec. 281.
-
GOVERNMENT ORGANIZATION 17
became a common practice, recognized by legislation.lz3 ,The general county
law of 1929 with its amendments now governs this phase of county gov-
ernment; different classes of counties are permitted to have varying num-
bers of chief and assistant county detectives.124
Closely following in the wake of the adoption of the constitution was
the appointment of a county engineer in lS76 for counties ranging in
population from 250,000 to 500,000. 125 Prior to this time the county com-
missioners had, when they felt it necessary, appointed an engineer for par-
ticular occasions. In 1919 county engineers were authorized for any county,
the commissioners being authorized to appoint a registered professional
engineer.lZ6 In spite of this legislation, however, not every county has a
county engineer today. They exist only in 26 courities and in six of
these counties it is the elected surveyor who acts as county engineer.lZ7
The office of inspector of weights and measures also has become a part
of the county system since the adoption of the Constitution of 1874. In
1877 the office of county sealer of weights and measures was reestablished
in those counties which had no sealer because of special acts abolishing the
office.128 A general act passed 6 years later abolished the office in all
counties.IZg It was replaced in 1895 by an inspector of weights and meas-
ures, appointed by the commissioners for cities of the first and second
classes only.13o In 1911 the board of county commissioners of each county
was authorized to appoint a county inspector of weights and measures,131
z21 1913 P.L. 157 No. 107 (counties ranging in population from 300,000 to 700,000) ;
1919 P.L: 437 No. 215 sec. 1 permitted the appointment of an assistant county detec-
tive in counties having from 150,000 to 250,000 inhabitants, but no law had yet definitely
named a chief county detective for such counties; 1919 P.L. 727 sec. 1 for counties
having less than 100,000 inhabitants.
‘**1921 P.L. 535 rep. 1931 P.L. 401 sec. 26; 1919 P.L. 437 No. 215 sec. 1 rep. 1921
P.L. 243 sec. 3; 1921 P.L. 243 sets. 1, 2 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278
sec. 277 am. 1931 P.L. 401, sec. 1; 1925 P.L. 592 rep. 1931 P.L. 401 sec. 26; 1929 P.L.
1278 sec. 278 am. 1931 P.L. 401 sec. 1 further am. 1937 P.L. 941 further am. 1939
P.L. 441 No. 252 sec. 1; 1929 P.L. 1278 sec. 280 am. 1931 P.L. 401 sec. 1 further am.
1939 P.L. 441 No. 252 sec. 2; 1929 P.L. 1278 sec. 279 am. 1931 P.L. 401 sec. 1; 1929
P.L. 1278 sec. 281.
1’s 1876 P.L. 13 sec. 13 am. 1881 P.L. 21 further am. 1887 P.L. 301 further am. 1901
P.L.641. At that time only Allegheny County fell within this range.
‘*‘1919 P.L. 163 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 166.
M Pennsylvania Manual, 1939, pp. 954-976.
lza 1877 P.L. 52 No. 50.
“’ 1883 P.L. 6 No. 5.
I” 1895 P.L. 386 sec. 1 sup. 1911 P.L. 275 sec. 1.
la1 1911 P.L. 275 sec. 1 am. 1913 P.L. 960 sec. 1 am. 1917 P.L. 1102 sec. 1.
18 COUNTY GOVERNMENT
two counties being permitted to work together with one set of standards
and one inspector.‘32
Another interesting development during this period is that of the pro-
bation and parole offices. The appointment of probation officers is a
discretionary power of, the court of quarter sessions, which may appoint
an$ number of officers to supervise probation and parole matters relating
to dependent and delinquent children,‘33 adult offenders convicted for the
first time for any but the most serious crinles,1”4 persons paroled from
penal institutions 135 and cases of domestic desertion.lSG Because of the
absence of specific requirements in the legislation, many variations exist
in the number of such officers appointed and the duties to which they are
assigned. In some counties a parole board has been set up by the court,
usually consisting of those county officers whose regular duties keep them
in touch with law enforcement and acquainted with penal conditions. They
receive no additional compensation for serving in this capacity and their
duties are more or less confined to receiving and acting upon petitions for
parole.
It was in the latter part of the nineteenth century also that an elected
county controller began to replace the three county auditors in counties
ranking in the fifth class or higher. The controller first appeared in Phila-
delphia I57 and Allegheny 138 counties and his duties were expanded be-
yond those of the former auditors in that he was given supervisory con-
trol over fiscal affairs. In 1893 this office was provided for counties con-
taining 150,000 inhabitants or more and the county auditors were abolished
in such counties.laO This act was held unconstitutional in 1894 because
there was no indication in the title of the purpose of the act.140 It was car-
rected and reenacted in 1895 M and slightly amended in 1’901.142 An act of
m Ibid.
Ia3 1901 P.L. 279 6 1903 P.L. 274 12; 1903 P.L. 274 3 sec. rep. sec. sec. am. 1909
P.L. 89 sec. I rep. 1933 P.L. 1433 set 28 but reen. in sec. 17.
13’ 1909 P.L. 495 3. sec.
13s1911 P.L. 1055 sec. 1 am. 1925 P.L. 554 No. 297 sec. 1; 1911 P.L. 1055 sec. 3 am.
1919 P.L. 569 sec. 1.
‘“‘1913 P.L. 502 sec. 1. 1917 P.L. 268; 1917 P.L. 773 No. 290 sec. 4. sup.
‘3’l854 P.L. 21.
‘38 1861 P.L. 450.
“‘1893 P.L. 393.
l”) Comm. v. Samds et’ al., Appellants, 163 Pa. 283 (lS94) ; Comm. v. B. R. Sevcrri.
Appellant, 164 Pa. 462 (1894).
“I 1895 P.L. 403.
I*? 1901 P.L. 140.
GOVERNMENT ORGANIZATION 19
1909 permitted the establishment of this office by petition in any county
having less than 150,000 inhabitants. I43 The act of 1595 as amended in 1901
was further amended in 1913 to include counties with a population of
100,000 or over and recognized the constitutional amendment of 1909
which increased the term of all county officers to 4 years.14* The county
law of 1929 repealed these acts but reenacted them as amended.l*” Coun-
ties of the sixth, seventh, and eighth classes wishing to establish this office
follow the same procedure described in the act of 1909 except that court
approval is now required.14B
Toward the end of the last century the board of viewers began to re-
place the former road viewers. In accordance with an act of 1883 the
courts of common pleas began the practice of appointing viewers in con-
demnation proceedings.1”7 This law together with the special laws which
had preceded it and which followed it in reference to road viewers finally
culminated in 1911 in the establishment of boards of viewers in each
county. These boards consist of from three to nine members, the exact
number in any particular county being determined by the court of com-
mon pleas. From this group either the court of common pleas or the
court of quarter sessions may select any necessary number to act as a
board of viewers in a particular matter.148
The development of ex officio boards such as the registration commis-
sion shows a tendency in the development of county government to unite
the efforts of the separately elected county officers in particular functions
relating to county government. After 1874 special registry assessors were
elected to perform registration duties except in municipalities and wards
made up of but one election district. 14g This act of 1874 marked the incep-
li18 1909 P.L. 434 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 136 am. 1933 P.L.
948 No. 161.
I’+ 1913 P.L. 10.
““1929 P.L. 1278 sec. 131 am, 1931 P.L. 401 sec. 1.
~1929 P.L. 1278 sec. 136.
I” 1883 P.L. 58 sec. 1 am. 1911 P.L. 1039 further am. 1921 P.L. 271 rep. 1929 P.L.
1278 sec. 1051 but reen. in sec. 518 am. 1931 P.L. 401 sec. 1.
'"1911 P.L. 1123 sets. l-4 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1'278 sets. 171.173
am. 1931 P.L. 401 sec. 1; 1929 P.L. 1278 sets. 174-176. For fuller details of develop-
ment, see essay on Board of Viewers, ilzfra, ch. XXXV.
““1874 P.L. 31 sec. 1 am. 1891 P.L. 134 rep. 1937 P.L. 487 sec. 46(a) and 1937 P.L.
1333 sec. 1901; 1874 P.L. 31 sets. 15, 18 am. 1933-34 (Sp. Sess.) P.L. 236 sets. 5, 6
rep. 1937 P.L. 487 sec. 46 (2, 14). .
20 COUNTY GOVERNXENT
tion of a series of acts which culminated in the establishment of boards of
permanent registration throughout the Commonwealth, first in 1935 when
a uniform system was adopted for third-class cities I50 and later, in 1937
when it was adopted for boroughs and townships as we11.151 This commis-
sion is composed of the county commissioners in an ex officio capacity.162
Closely following the establishment of this ex officio board was the
establishment of the county board of elections. Before 1937 supervision
over elections by county officials was divided among the commissioners,
the sheriff, and the courts. All of the duties were finally combined in 1937
and placed in the hands of one agency, the county board of elections which
consists of the county commissioners in an ex officio capacity.15a
Other ex officio boards which developed during this period were the
salary board, the sinking fund commission, and the various prison boards.
Prior to 1876 county officers were usually paid by fees out of which each
officer secured both his own compensation and that of this assistants. A
salary system was established for counties with a population of 150,000
or more in 1876. The fees were to go to the county treasury.154 A salary
board was created in each county to determine the number of assistants to
be employed by each officer and the salary of kach.lsa This board consists
of the commissioners and controller, if there is one in the county,lso hence
this is its composition in counties from the first to fifth classes. In counties
of the sixth class the treasurer takes the place of the controller.167 In sev-
enth and eighth-class counties no provision is made for a salary board.
A sinking fund commission composed of the county commissioners, con-
troller, and treasurer was set up in 1909 in counties ranging in population
150 1935 P.L. 478 No. 195 rep. 1937 P.L. 849 sec. 47 (a) but reen. and am. in sees. l-46.
‘61 1937 P.L. 487.
I” Ibid., sec. 3(a, b) ; 1937 P.L. 849 sec. 4(a, d). There are special provisions for
cities of t,he first and second class, of which there are only one each in Pennsylvania,
Philadelphia and Pittsburgh. Scranton is the only city which is second class A and
there the permanent registration commission consists of four persons appointed by the
Governor with the advice and consent of the State Senate. See act of 1933-34 (Sp,
Sess.) P.L. 140 rep. 1937 P.L. 1132 sec. 47 but reen. and am. in sets. l-46.
Is3 1937 P.L. 1333 sec. 1901. .
l”11876 P.L. 13 sec. 1; 1876 P.L. 13 sec. 5 am. 1893 P.L. 127 No. 79 further am.
1923 P.L. 76.
ls5 1876 P.L. 13 SUP. 1877 P.L. 33 rep. 1879 P.L. 72 sec. 1 but the repealing sec. was
itself rep. 1883 P.L. 182 sec. 1 (except as to cities of the first class).
la’ Ibid.
“‘1923 P.L. 944 sec. 5 am. 1933 P.L. 250 further am. 1937 P.L. 567.
GOVERNMENT ORGANIZATION 21
from 250,000 to 1,200,000.‘~~ Provision for this commission was limited
to counties with a population of 150,000 to 250,000 on May 11, 1911,15’ but
was extended to all counties later in the same year.l”O The sinking fund
commission, wherever there is one, now consists of the county commis-
sioners, the controller or auditors, and the treasurer.“l
In colonial Pennsylvania the sheriff was the only prison authority. He
appointed a marshal, whose duties correspond to those of the present day
jail warclen.1”2 An act of 1899 established a prison board to supervise
prison labor. The board consisted of the sheriff, the county commission-
ers, and the president judge. 163 In 1907 its composition was changed to
include only the sheriff and the commissioners, the approval of the presi-
dent judge being required for all rules and regulations made by the board.“”
The sheriff still appointed the warden and his staff.les Exceptions were
made to this arrangement ii so many counties that it can now be found
only in counties of the sixth, seventh, and eighth classes. The act of 1899
expressly permitted the continuation of boards of prison inspectors in
counties where they had already been established.lG6
In 1909 a board of inspectors of the county jail or prison, consisting of
the sheriff, controller, district attorney, county commissioners, and the
judges of the court of quarter sessions, was established in counties con-
taining 150,000 to 250,000 inhabitants. The board and not the sheriff
“‘1909 P.L. 100 No. 59 sec. 1 rep. 1911 P.L. 89.5 sec. 13 insofar as it was inconsis-
tent with the act of 1911, wholly rep. 1917 P.L. 199 No. 100.
‘681911 P.L. 256 sup. 1911 P.L. 89.5 rep. 1929 P.L. 1278 sec. 1051.
lBO 1911 P.L. 895 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 395.
“I Ibid.
I’* Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, pp.
47, 50, 55, 65; Laws of the Assembly, March 10, 1683, in Charter to William Penn,
p. 139 ch. CI ; A Petition of Right, 1693, in Charter to William Pew, p. 208 ch. 53 ;
1790, 2 Sm.L. 531 sec. 28.
lea 1899 P.L. 89.
‘“1907 P.L. 247 sets. 2, 3.
x6’ 1899 P.L. 89 sec. 7 am. 1903 P.L. 299 No. 232 sec. 1
1(M 1899 P.L. 89 sec. 3; boards of prison inspectors had been established in Phila-
delphia County, 1790, 2 Sm.L. 531 sec. 23; 1809 P.L. 25; 1823 P.L. 100 sec. 2; 1835
P.L. 232; in Chester, 1839 P.L. 10 ; in Dauphin, 1841 P.L. 189; in Berks, 1848 P.L.
399 supp. 1873 P.L. 625; in Lancaster, 1850 P.L. 89 rep. 1937 P.L. 2779; in Mont-
gomery, 1851 P.L. 388; in Schuylkill, 1852 P.L. 211; in Allegheny, 1865 P.L. 607 am.
1866 P.L. 8; in Delaware, 1866 P.L. 588 No. 562; in Luzerne, 1868 P.L. 917 No. 870;
in Lehigh, 1869 P.L. 716; in Northampton, 1871 P.L. 706; in Northumberland, 1878
P.L. 10.
22 COUNTY GOVERNMENT
appointed the warden. lo7 Since 1921 such a board has been established in
all counties of the third and fourth classes.1os In fifth-class counties the
prison is under the exclusive control of the county commissioners.l”
In 1790 the sheriff was authorized to appoint with the approval of the
court of quarter sessions as many prison keepers as he deemed neces-
sary.170. Today the sheriff has this responsibility only in counties of the
sixth, seventh, and eighth classes. The prison boards in other counties
appoint the jail or prison warden.
With the advent of the twentieth century a growing social consciousness
culminated in the setting up of still another ex officio board, that of the
county institution district; IT1 its major function is the care of the indigent
and it replaced earlier county agencies performing this function in 1937.l’*
Under the new system all poor districts were abolished and the county com-
missioners were constituted a board for each institution district. Each
county is now such a district.
Another development during this period is that of the county tuberculosis
hospital and advisory board. In 1911 the poor directors of any poor dis-
trict were permitted to establish a hospital for the treatment of tuber-
culosis.1’3 This provision was reiterated in 1925 Ii4 but repealed in 1937.1’5
A concurrent development- initiated in 1921’ permitted the county rather
than the poor district to erect a tuberculosis hospital.lT6 The court of com-
mon pleas was given the power to appoint a board of trustees who were
to have full control over the hospital.17 This act was replaced by an act
of 1925 which placed county tuberculosis hospitals under the joint control
lo7 1909 P.L. 262 No. 171 a.m. 1913 P.L. 279 but the amendment of 1913 was uncon-
stitutional because it attempted to legislate for counties with populations ranging from
150,000 to 325,000. The act of 1909 includes only counties ranging in population from
150,000 to 250,000, and no notice was given in the title of the act of 1913 of any change
in classification. Co~rz. v. Thomas, 248 Pa. 258 (1915).
ICE 1921 P.L. 579.
‘“1921 P.L. 470.
I” 1790, 2 Sm.L. 531 sec. 28.
“‘1937 P.L. 2017 sets. 301, 302.
“‘1937 P.L. 2017 sets. 30.5, 401, 601-605.
“‘1911 P.L. 1111 No. 836.
“‘1925 P.L. 762 sets. 1200-1203.
I” 1937 P.L. 2017 sec. 702.
lie 1921 P.L. 944.
“‘Ibid., sec. 3.
GOVERNMENT ORGANIZATION 2i
of the county commissioners and an advisory board,178 consisting of five
citizens appointed by the court and serving for a 5-year term.17g
The increasing burden of poor relief led to cooperation between the
State and the counties in particular forms of relief. In 1913 the first
mothers’ assistance law went into effect,l”” giving to the counties an oppor-
tunity to obtain this form of relief by proffering an equal sum to meet
the amount appropriated by the State. The act of 1913 was amended in \
1915, repealed in 1919,‘81 and replaced in that year by a new mothers’
assistance law which did not differ basically from the original act.l”* The
number of members of the county boards of trustees was fixed at seven in
1923.1s3 By 1936 every county except Beaver, Pike, Perry, Clearfield,
Forest, Fulton, Fayette, and Elk counties had begun to participate in this
plan.ly4 Old age assistance went into effect in 1934,“” and pensions to the ’
blind were first granted in that year. Iso Unemployment relief had already
been put into practice.ls7
The need for a uniform system of “outdoor” or non-institutional relief
was recognized by the Public Assistance Law of 1937 in which all forms
of relief were coordinated under a State Department of Public Assistance
operating through county boards of public assistance. The county boards.
with which we are primarily concerned, are merely administrative units to
effectuate this plan. The county board consists of seven members ap-
“’ 1925 P.L. 65 sec. 3; 1925 P.L. 65 sets. 1-11 rep. 1929 P.L. 1278 sec. 1051 but
reen. in sets. 622-633.
“‘1925 P.L. 65 sec. 3 rep. 1929 P.L. 1278 sec. 1051 but reen. and am. 1929 P.L.
1278 sec. 624.
180 1913 P.L. 118.
“‘Ibid. am. 1915 P.L. 1038 rep: 1919 P.L. 893 sec. 19.
la2 1919 P.L. 893 am. 1921 P.L. 1175 further am. 1923 P.L. 307 rep. 1937 P.L. 2051
sec. 18.
Is3 1919 P.L. 893 sec. 1 am. 1923 P.L. 307 sec. 1.
Is4 Pennsylvania Department of Welfare, Poor Relief Adwzinistratiou i+c Pemsyl-
vania, p. 24, hereinafter cited as Poor Relief Administration; Pennsylvania Maw&al,
193536, pp. 1013-1017.
‘*’ 1923 P.L. 189 held unconstitutional, 282 Pa. 440 (1926) ; 1933-34 (Sp. Sess.)
P.L. 282 rep. 1936 (Sp. Sess.) 28 sec. 25 but reen. in sets. l-24 am. 1937 P.L. 2049 rep.
1937 P.L. 2051 sec. 18. The act of 1936 placed the granting of old age pensions in
Pennsylvania under the terms of the Federal Social Security Act.
I*’ 1933-34 (Sp. Sess.) P.L. 246 rep. 1935 P.L. 621 No.‘220 sec. 16 but reen. in sets.
I-15, 17, 18.
Id7 1836 P.L. 539 sec. 3 rep. 1937 P.L. 2017 sec. 702; 1931 P.L. 1503; 1932 (Sp. Sess.)
P.L. SS rep. 1937 P.L. 2051 sec. 18; 1932 Sp. Sess.) P.L. 90; Poor Relief Adminis-
tration, pp. 48, 57, 79, 81.
24 COUNTY GOVERNM.ENT
pointed by the Governor with the approval of the State Senate for a
3-year terni.1ss
A mosquito extermination commission was established in 1935 for coun-
ties indicating a desire to have one. It is composed of five members ap-
pointed by the commissioners to serve for a term of 5 years.l”
General Adwzikstration. Administration of county affairs in Pennsyl-
vania rests on the dual axes of the county commissioners and the court of
quarter sessions. Although created exclusively to supervise the fiscal
aspects of county government, the county commissioners at the end of the
eighteenth century gradually assumed control over the processes of elec-
tions which they, acting ex officio as the county board of election and
registration commission, share today with the court of quarter sessions. In
addition, the court was given supervision over municipalities in the con-
struction of public works such as roads and bridges, a power lodged in it
at the present time; as well as supervision over the clerical officers in the
compilation of public records.
Urbanization created new problems in the nineteenth century which
demanded the increasing attention of the county; namely, the administration
of public welfare in the form of institutional relief, the prevention and
punishment of crime, and supervision over educational methods. Hence,
the poor directors were empowered to provide for indigent persons in
county institutions and the county commissioners were made responsible
for the maintenance of dependent and delinquent children, and indigent
persons. This duality of responsibility continued until the formation of
the county institution district in 1938 which is given complete control over
all classes of indigent persons in need of institutional care.
The possibility of rapid movement of criminals over improved roads
led to increased activity on the part of the county in apprehending these
persons. Thus, the machinery of the law was strengthened in the county
and the functions of the district attorney, sheriff, and coroner were more
closely integrated.
In the matter of education the county has never ‘played a vital part since
educational activity is a State function. The county enters the picture only
through the county superintendent of schools and through the county board
of ~~11001 directors, who supervise educational methods in certain districts
and provide for transportation of students in rural areas.
'""1937 P.L. 2051 sets. 5, 14, 15, 17; 1937 P.L. 2051 sec. 4(a) am. 1939 P.L. 1091
sec. 2; 1937 P.L. 2051 sec. 4(e).
“’ 1935 P.L. 641 sets. 1, 2.
GOVERNMENT ORGANIZATION 25
The broad functional lines in administration are much the same today
as ‘they were under the Proprietors. The general trend is toward State
control over county activities which lie in the realm of State administrative
control, particulariy in those cases where need is felt for uniformity in
practice among the counties throughout the State. The judiciary is based
on this development being a State activity exercised through the medium
of judicial districts composed of one, two or three counties.
Registration of Title to Property. Under the Dutch, titles for land,
in the region which later became Pennsylvania, wetTe made by patent.
With the advent of the English, in many instances land was taken from
the Dutch who had actively opposed them, and granted to others. All
Dutch patents had to be renewed. All land held without patent was re-
quired to be patented under English authority. Under the Duke of York
vacant lands were granted by warrant and survey. Governor Andros ap-
pointed a surveyor in 1676.‘O”
Under the proprietary government of Pennsylvania prospective pur-
chasers of land were required to make application in writing to the
Land Office. This application was entered in a book, and a warrant, or
order, was thereupon issued by the Secretary of the Land Office directing
the Surveyor General to make a survey for the warrantees. A report of
the survey was returned to the Land Office. Upon its acceptance the war-
rantee was entitled, upon payment of the purchase price, ‘to receive a
patent on the land.lQ1 This procedure was continued under the govern-
ment of the Commonwealth according to the former customs and usages
of the Proprietary Land Office.
Although modifications have been introduced in the matter of filing orig-
inal titles, the essential outlines of procedure have been preserved.lg2 In
1792 the Deputy Surveyor was directed to ,keep books in which to enter
applications for warrants and descriptions of the land, and after com-
pIeting his survey, to record the boundaries in a survey book.? A signifi-
cant change occurred in 1850 when the task of executing surveys in the
counties was given to an elected county surveyor who replaced the ap-
pointed deputy surveyor.194
IDo Sergeant, op. cit., pp. 20-26.
“‘Robert G. Bushong, Pennsylvania Lmzd Law, I, 332-338.
‘02Zbid., p. 350; 1781, 1 Sm.L. 529; 1784, 2 Sm.L. 102. Under the Duke of York
the clerks of sessions recorded titles. Under the proprietary government a master of
rolls performed this function. See discussion supra.
“’ 1792, 3 Sm.L. 70 sec. 5.
I81 1850 P.L. 434 sets. 5, 10.
26 COUNTY GOVERNMENT
Legislation designed to establish a system for recording instruments re-
lating to the conveyance of land was passed in 1715. In that year the basis
of the present method was instituted when the office of recorder of deeds
was established for the purpose of recording every deed and mortgage
brought to his office.‘“j Subsequent legislation imposed upon him the duty
of keeping appropriate indexes. I96 It was not until 1846, however, that the
recorder of deeds was required to record original patents granted by the
Commonwealth, as well as deeds of sheriffs, coroners, and treasurers.lg7
In 1815 he had beeti directed to record deeds of assignment for the benefit
of creditors,l”” and in 1855, deeds of assignment for the benefit of creditors
filed by nonresidents.‘“” The existing system of recording satisfactions of
mortgages was instituted in 1715 when the mortgagee or his attorney, at
the request of the mortgagor, was required to enter satisfaction on the
margin of the record in the recorder’s office.z00 In 1349 the recorder was
required to keep a record of assignments of mortgages.‘o’
In all. transactions involving land the tract must be identified. The
identification on the record need not be a formal description, but may be
by name,2o2 by number, by adjoiner,zoR or by a description of any house
erected on it.2”4 The method used is to locate the tract and fix either natural
or artificial points on the ground, designating the owners of the adjoining
land, the directions of the boundary lines ascertained by means of a survey-
ing instrument, the length of the boundary lines from point to point, and
the area of the tract.20j
Liens affecting the title to property, other than mortgages, must be re-
corded in the office of the prdthonotary of the court of common pleas. Of
‘Or, 1715, 1 Sm.L. 94 sec. 1. For comment on earlier attempts to establish a recording
system, see Bushong, op. cit., II, 740, 741.
“‘1827 P.L. 154 sec. 5; 1875 P.L. 32 sets. l-4.
‘“‘1846 P.L. 124 No. 100 sec. 1.
lM 1818 P.L. 285 sec. 5; 1901 P.L. 404 sets. 9, 10.
“’ 1855 P.L. 415 sec. 1; 1857 P.L. 298 sec. 2.
‘““1715, 1 Sm.L. 94 sets. 9, 10; 1849 P.L. 524 sec. 14; 1915 P.L. 198 No. 108.
*“’ 1849 P.L. 524 sec. 14. Before 1849 there was a conflict of opinion on the recording
of assigmnents of mortgages under 1775, 1 Sm.L. 422. See Bushong, op. cit., I, 188.
PO’ Glass V. Gilbert, 58 Pa. 266 (1868) ; McClements’ Appeal, 2 Super. 433.
z(L1 Greek-y and Bemis v. Thomas, 56 Pa. 35 (1867) ; W. I. Bachofi V. Stephelt Critch-
low, 142 Pa. 518 (1891) ; Fuller v. Cole, 33 Super. 653 (1907).
“‘I’ Bmrcett v. Bittle, 4 Rawle 339 (1834) ; Rogers V. Smith, 4 Pa. 93 (1846) ; Swartz
I’. Swartz, 4 Pa. 353 (1846) ; Wright v. Chestrzut Hill Iropt Ore Comparcy, 45 Pa. 475
(1863). See also 1868 P.L. 97 sec. 1 and 1917 P.L. 447 sec. 34(a).
A’ Bushong, op. cit., I, 310.
GOVERNMENT ORGANIZATION 27
these the most important are judgments, mechanics’ liens, municipal liens.
liens of inheritance taxes, liquid fuel taxes, Federal taxes, surplus money
bonds, and attachments.
The prothonotary is likewise ‘the custodian of the important records
relating to property. He must keep a partition docket in which he enters
all the proceedings in partition under the jurisdiction of the court of com-
mon pleas.*Oc Partition proceedings of estates under the jurisdiction of
the orphans court must be recorded in a docket kept by the clerk of
orphans’ court.207
Judiciary. The first courts of justice in the area which was later to be-
come Pennsylvania were established under the Swedes and the Dutch.“‘”
In the Swedish settlement apparently Governor Printz himself admin-
istered justice.209 Under the Dutch, the schout, the principal prosecuting
officer of the district, whose duties combined those of a sheriff and district
attorney, convened the justices’ court. Where local courts were established
the justices were known .as schepens. Their jurisdiction was limited to
cases involving 100 guilders; in cases beyond that amount there could be
appeal to the Director General and council of the New Netherlands. The
schepens also had criminal jurisdiction subject to appeal.“” At the last
period of -Dutch dominion three judicial districts were recognized, one for
Whorekill, another for New Amstel, and a third for Upland. The district
of Upland was the portion of southeastern Pennsylvania which was then
settled.*ll
The period of the Duke of York’s rule began in 1664. Dutch and Swed-
ish magistrates were continued in .office but English jurisprudence was
established.212 The principal court was the general court of assizes, held
once a year, presided over by the Governor, and composed of the council,
mayor, and aldermen of New York, and the justices of the various courts
of sessions. It had legislative as well as judicial functions and it heard ap-
“’ 1850 P.L. 569 sec. 27.
‘O’ 1889 P.L. 23 No. 21 sec. 1; 1917 P.L. 337 sec. 42.
we Loyd, ofi. cit., p. 2.
wp Ibid.
‘lo Loyd, op. cif., p. 5. These courts were our earliest county courts and continued as
such till the coming of Penn, ibid., p. 34. The Upland court is really the first county
court on Pennsylvania soil. The court was held by any three of six justices of the
peace named by the Governor. Their commissions were good for 1 year or until
further notice.
=‘I Ibid., p. 7.
“l’Ibid., pp. 9, 10.
28 COUNTY GOVERNMENT
peals from the courts of sessions, tried the more important civil cases and
all capital cases where a special commission of oyer and terminer had not
been established.*13 Courts of sessions, were established in the ridings,
which were held three times a year and were attended by the justices of the
peace. The Governor presided ; if he was unable to attend, then a member
of the council or the senior justice presided. *I* This court had jurisdiction
in actions involving 5 to 20 pounds, could grant letters of administration,
and was bound to keep peace, try petty offenders, and grant liquor licenses.
Provision was also made for a town court consisting of the constables and
overseers. Its functions were chiefly administrative.21”
Under Penn the executive powers were vested in the Governor and
Provincial Council, and the legislative powers in these agencies together
with the General Assembly of the representatives of the freemen of the
province. The judiciary consisted of courts to be erected by the Governor
and Council, the Council nominating a double number of candidates from
whom the Governor was to select a proper number for each office. This
was the only provision for the judiciary in the organic bodies of laws of
this period. The early constitutions were mainly concerned with the ex-
pression of the fundamental rights of man.*16
Penn immediately appointed six justices of the peace for New Castle
and sent out notices for the holding of a court. The province of Pennsyl-
vania was divided into the counties of Philadelphia, Chester, and Bucks
within the first year of the proprietorship, and the county courts continued
as constituted in the Duke of York’s laws. The number of the justices
varied and in some cases a man of importance was commissioned as jus-
tice for the whole province.217 The jurisdiction was vague both as to civil
and criminal matters.*l* Voluntary arbitration was practiced by three
persons chosen yearly as common peacemakers from 1683 to 1692.*la The
county courts were vested with criminal jurisdiction in all except the crimes
of treason, murder, manslaughter, burglary, rape, and arson. At times,
however, special commissions of oyer and terminer were issued to some
of the justices to try a special offender.**O
mIbid., PP. 16, 17; Duke of York’s Book of Laws in Charter to William Penn, p. 11.
‘I’ Loyd, op. cit., p. 17.
‘I= Ibid., p. 19.
=18 Ibid., pp. 46, 47.
=’ Loyd, ofi. cit., p. 48.
ns Ibid.
RB Ibid., PP. 48, 49 i Colonial Records of Pennsylvania, I, 7, 34.
2m Ibid., p. 52.
GOVERNMENT ORGANIZATION 29
In 1683 the justices of each county court were required to sit, twice each
year, as an orphans’ court “That care may be taken for those, that are not
able to care for themselves.” 221 The courts of assizes had been replaced
by the Provincial Council as appellate courts but the business was found to
be too great to take care of all appeals. In 1654, therefore, an act was
passed which provided for five provincial judges,appointed by the Governor,
any three of whom “shall be a Provincial Court and sit twice every year
in the town of Philadelphia.” Any two of them were to go on circuit every
spring and fall and hold court in every county.222 A year later the number
of provincial judges was reduced to three. The original number was re-
stored in 1690.223 Throughout the first 20 years of the proprietorship the
Provincial Council transacted a large amount of judicial business. Prior
to the establishment of the Provincial Court the Council heard all appeals;
after its establishment such hearings were discouraged, but appeals con-
tinued to be brought before the Council for several years. The Council was
also the only court for the trial of serious crimes until 1685 when that
jurisdiction was conferred on the provincial courts.224
With the adoption of the Charter of Privileges in 1701, the government
of the province assumed a form that it was destined to retain, with slight
variations, until the Revolution. The Assembly now had the power to pre-
pare, propose, and enact laws. The Council ceased to exercise judicial
powers. It ceased to be elected but was appointed by the Proprietor in-
stead.225 An act of 1701 provided for the holding of “County Courts of
Sessions,” three justices to constitute a quorum with jurisdiction in civil
and criminal matters except for capital cases.226 These courts were mod-
eled on the English courts of common pleas. The county courts were given
equity powers in addition to their other jurisdiction. The Provincial Court
continued as formerly constituted, to hear appeals from the county courts
and to try capital cases and serious crimes. This same judiciary aot pro-
121Laws of the Assembly, March 1, 1683, in CIzarter to William Pens, p. 131 &.
LXXVII.
“‘Laws of the Assembly, May 10, 1684, in Charter to Wi&am Penvs, p. 11% &.
CLVIII.
*= Laws of the Assembly, May 10, 1685, in Charter to William Penn, p. 178 &.
CLXXXII; Laws of the Assembly, May 10, 1690, in Charter to William Penn, p. 184
ch. CXCVII; Laws of the Assembly, May 1.5 and June 1, 1693, in Charter to Will&m
Penn, p. 225 sec. 3.
2u Loyd, op. cit., pp. 63-69.
“‘Ibid., p. 73.
21o 1701, II St. at L. 148 rep. 1705, II St. at L. 456, 482.
30 COUNTY GOVERNMENT
vided for the duties of the orphans’ court. When the act of 1701 was re-
pealed in 1705 the judicial system was left in a state of confusion. In view
of the controversy over the passage of a new bill, Governor Evans issued
an ordinance for the establishment of the courts. The ordinance for the
first time designated the Provincial Court the “Supreme Court of Penn-
sylvania.” This court was to consist of three judges appointed by separate
commissions and was to sit twice a year in each county. It had appellate
jurisdiction and was given power to hold a court of equity.“’ For the first
time a separate court of quarter sessions of the peace was constituted.
The county courts, designated “County Courts of Common Pleas,” were
to be held by justices of the courts of general quarter sessions of the peace.
These courts had in civil matters practically the same jurisdiction as the
former county courts and all writs and processes were to issue out of the
office of the prothonotary. This provision contains the first use of the term
prothonktary in the Commonwealth. The courts of common pleas were to
hold courts of equity four times a year. Special commissions of oyer and
terminer and jail delivery were to be granted.any county for the trial of
capital offences.
The Evans ordinance remained in force until it was replaced by the
Judiciary Act of 1710-11.““” In this act four judges constituted the Su-
preme Court with appellate jurisdiction in law and equity. The plan of the
Evans ordinance concerning the practice of separate courts of quarter ses-
sions ancl common pleas and a separate commission of oyer and terminer
was retained. This act was repealed in 1713,2’Q and “An act for estab-
lishing Orphans’ Court,” declaring the orphans’ court a court of record, was
passed in the same year. The act of 1713 became the basis of all subsequent
legislation referring to the orphans’ court.2”0 In 1715 an act was passed
regulating appeals to Great Britain.?“l In the same year, in order to meet
the expediency of having all of their acts disallowed, the Assembly decided
to pass separate bills relating to the judiciary. It passed an act for the estab-
lishment of the Supreme Court,232 another for that of the courts of quarter
sessions,233 another for that of the courts of common pleas,234 and still
?“I Eastman, op. cit., I, 187; Loyd, op. cit., p. 80.
y?8 1710-11, II St. at L. 301.
2’o1713, II St. at L. 548.
S” Loyd, op. cit., p. 82.
“’ 1715, III St. at L. 32.
“’ Ibid., 65.
“’ I bid., 33,
X’ Ibid., 69.
GOVERNMENT ORGANIZATION 31
another providing for “the Better Ascertaining the Practice of the Courts
of Judicature in this Province.” zx The only basic difference between these
acts and the act of 1711 was that the Supreme Court was given original
jurisdiction of all matters cognizable by the other courts and was to try all
capital cases which were formerly tried by the commission of oyer and
terminer. All of these acts were repealed in 1719.““” The province was
again- without courts. Governor Keith met this situation by issuing com-
missions to the provincial and county courts authorizing them to try cases.?“’
This expedient, which was found impracticable, was replaced by law
in 1722.“‘” Provision was made for county courts of quarter sessions and
for similar county courts of common pleas, with authority to hold pleas of
assizes and all types of actions, civil, personal, real, and mixed, to be held
after the quarter sessions. These courts were composed of justices ap-
pointed by the Governor. It was provided that a court of record be held
twice yearly in Philadelphia, to be called the Supreme Court and to con-
sist of three persons commissioned by the Governor, with appellate juris-
dictio‘n from the county courts and authority to issue writs of habeas
corpus, certiorari, and other remedial writs. In 1727 an act was passed
which attempted to deprive the Supreme Court of the power to institute
original process, but this measure was short-lived.*“”
By act of September 29, 1759, the judges of the court of common pleas
were appointed to hold the orphans’ court, a duty which had previously
been performed by the quarter sessions. The judges of quarter sessions
were not to sit in common pleas ; the court of common pleas was to consist
of five persons. However, other issues contained in the act caused discus-
sion and difficulty so that it was disapproved on September 2, 176QZ” In
1767 an act of Assembly increased the number of supreme judges to four
and made several procedural changes. M It was the practice prior to the
Revolution to issue a joint commission to the justices of the peace of each
county authorizing three or more of them to hold the quarter sessions and
also assigning any three or more of them to hold the common pleas.
=” Ibid., f3.
“‘Eastman, op. cit., I, 223.
X31 I&torical notes in CharfeY to Wihartz Perkfk, p. 382.
*” 1722, III St. at L. 298.
*” Loyd, ofi. cif., p. 96.
zm Ibid., pp. 98, 99.
2*1 1767, VII St. at L. 107.
32 COUNTY GOVERNMENT
Separate commissions were issued to the Supreme Court justices together
with a joint commission of oyer and terminer.242
Before the beginning of the Revolution the administration of justice was
vested in the county courts of quarter sessions, common pleas, and orphans’
courts. These courts were presided over by the justices of the peace, who
were commissioned by the Governor, and were not required to be learned
in the law. There was a Supreme Provincial Court. It consisted at first
of five, later of three, and finally of four judges, of whom the chief justice
was generally a lawyer or possessed of some legal experience. This court
had original criminal jurisdiction in capital cases and general appellate
jurisdiction. The original jurisdiction in civil cases though not clearly de-
fined, was assumed to exist in cases of fines and common recoveries. Ap-
pealed cases involving issues of fact were tried in the Supreme Court
before a jury. The court sat twice a year in Philadelphia and went on cir-
cuit to the other counties. In certain cases appeals from this court could be
taken to the King in council.. “There were special courts, such as that of
the corporation of Philadelphia and that for the trial of Negroes, and
finally the court of vice-admiralty of the crown.” 243
With the beginning of the Revolution the proprietary government of
the Penns collapsed, and the system of courts which the’y had established
was reorganized. Under the Constitution of 1776, which replaced Penn’s
Charter, the executive power was vested in a General Assembly and a
Supretie Executive Council. The latter was composed of 12 members
whose tenure was 3 years. The president and vice president were elected
by joint ballot of the Council and the Assembly. The selection and grant-
ilig of commissions to all judges and other officers was to be done by the
president and Council, who were also to fill all vacancies. The judiciary
consisted of a Supreme Court, the justices of which were to be commis-
sioned for 7 years and to be removable for misbehavior at any time by the
General Assembly. The other branches of the judiciary were courts of ses-
sions, common pleas, and‘orphans’ courts.244
\ Provision was made for the election of justices of the peace by freehold-
ers of each city and county; that is, the freeholders were to elect two or
more persons for each ward, township, or district and return them to the
President in Council who was to commission one or more for each such
‘“Loyd, OP. cit., pp. 102, 103.
‘“Loyd, op. cit., p. 106.
*41 Eastman, op. cit., I, 271-273 ; 1777, IX St. at L. 29.
GOVERNMENT ORGANIZATION 33
political subdivision to serve for 7 years.“45 An act of 1777 putting these
provisions into effect provided that the courts of quarter sessions and jail
delivery, petty sessions, common pleas, orphans’ courts, Supreme Court,
and courts of oyer and terminer and general jail delivery should be held
in each county with the authority held in the province and the jurisdiction
designated by the constitution. The president and Council were to appoint
one of the elected justices in each county to preside in the respective
courts.24s The authority of the provincial courts was thus continued.
A court of admiralty was created in 1776 247 but admiralty jurisdiction
was made a Federal function with the adoption of the United States Con-
stitution.24s
The Constitution of 1776 was considered quite inadequate and was re-
placed by the Constitution of 1790. The first basic change inaugurated
was the establishment of a bicameral legislature and the office of Governor.
The Supreme Court’s jurisdiction extended over the State and its justices
were declared, by virtue of their offices, to be justices of oyer and terminer
and general jail delivery in the several counties. The judges of the court
of common pleas were to compose the court of quarter sessions of the peace
and the orphans’ court of each county. The register of wills with the
judges of the court of common pleas were to constitute a new court desig-
nated the register’s court. The State was, for the first time, to be divided _
into judicial districts or circuits, none of which should include more than
six or fewer than three counties. Prior to that time each county had been
a judicial unit, a quorum of the justices of the peace for each county con-
stituting the courts. The Governor was authorized to appoint a president
judge for each circuit, and associate judges, no less than three nor more
than four, in each county. They served during good behavior.248
In 1791 the courts were established in conformity with the new consti-
tution and the State was divided into five judicial districts.25a A high court
of errors and appeals was organized under this act, consisting of the jus-
tices of the Supreme Court, the president judges of the common pleas, and
three other persons of “known legal ability commissioned in the same man-
ner as the judges of the Supreme Court.” This court was abolished, how-
“’ Ccnst. of 1776, sec. 30.
M 1777, IX St. at L. 29.
w 1776, VIII St. at L. 519.
248 U. S. Const., art. III, sec. 2.
1 * Const. of 1790, art. V. See List of Judicial Districts, appendix.
m 1791, 3 Sm.L. 28.
34 COUNTY GOVERNMENT
ever, in 1806 and its powers were vested in the Supreme Court.161 Many
experiments were made relating to the Supreme Court, one of the results
being the establishment of a circuit court at Philadelphia. The circuit court
system was soon adopted in Pittsburgh and Lancaster, but it was abolished
for all counties in 1834.252
Important changes relative to the appointment of judges were prescribed
by the Constitution of 1838. The terms of the Supreme Court justices
were fixed at 15 years.2”3 The Governor was empowered to appoint all
judges of the court of common pleas. His appointments became subject to
the approval of the State Senate and the terms of the associate and presi-
dent judges were fixed at 5 and 10 years respectively. This constitution
was amended in 1850 and the judges became elective officials.25” This
amendment was further bolstered by legislation in 1851 when the General
Assembly declared that the qualified electors of each county should elect
one person to serve as president judge of the judicial district in which such
county was located and two associate judges of the courts of such county.
The judicial power of the Commonwealth continued in the hands of the Su-
preme Court, in courts of oyer and terminer and general jail delivery, in a
court of common pleas, orphans’ court, register’s court, and a court of
quarter sessions of the peace for each county, in justices of the peace and in
such other courts as the legislature might wish to establish in the future.256
The final changes effected by an organic body .of laws were those made
by the Constitution of 1874. The judicial power was now vested in a Su-
preme Court, in courts of common pleas, courts of oyer and terminer and
general jail delivery, courts of quarter sessions of the peace, orphans’
courts, magistrates’ .courts, and in such other courts as the General As-
sembly might from time to time establish.250 The judges of the Supreme
Court were to number seven, to be elected, and to hold office for 21 years.257
The courts of common pleas were continued in the same manner and it
was provided that no judicial district shall contain more than four coun-
ties.25s The people were to elect one judge learned in the law and such
“I 1806, 4 Sm.L. 270.
“’ Loyd, op. cit., pp. 135-138.
2’S Const. of 1838, art. V, sec. 2.
‘5’Ibid. as am. 1850. See also 1851 P.L. 648. Under sec. 3 of this act and under
the Const. of 1838 the president judge had to be learned in the law.
265Const. of 1838, art. V, sets. 1-9.
*” Const., art. V, sec. 1.
**‘Ibid., sec. 2.
=a8 Ibid., sec. 4.
GOVERNMENT ORGANIZATION 35
additional judges as the General Assembly might provide. The office of ,
associate judge not learned in the law was abolished in counties constitut-
ing a separate judicial district.250 Judges of the courts of common pleas
learned in the law were declared to be judges of the court of quarter ses-
sions of the peace, oyer and terminer and general jail delivery, and of the
orphans> court, and within their respective districts, justices of the peace
as to criminal matters.*“” The register’s court was abolished.261
Before summarizing the jurisdiction of the various branches of the
judiciary as finally established under the Constitution of 1874 it will be
well to summarize the development of equity jurisdiction and the register’s
and orphans’ courts.
Pennsylvania has,always made some provision for the settlement of suits
in equity, that is suits not triable according to technical forms of law. Yet,
except for a very short period in its history, it has never had a separate
court of chancery. Under the Duke of York equity was administered
through the Court of Assizes at New York.2G2 Later, equity jurisdiction
was conferred on the town courts, if a matter under 5 pounds, and on the
courts of sessions if under 20 pounds.2”3 Penn took over the courts as he
found them. In 1684 an act of Assembly 284 provided that “the Quarter
Sessions be as well a court of Equity as Law” and that the judges of the
Provincial Court should have cognizance of appeals and all causes, both in
law and equitv, not determinable by the county courts. The county courts
were again given equity jurisdiction in 1690 and the Provincial Court was
given appellate jurisdiction in matters both at law and equity.26”
The Judiciary Act of 1701 mentioned earlier in this chapter provided
that.the county courts should hear and determine all such causes of equity
as should come before them, with appeals to the Provincial Court. This
provision was reiterated in the Judiciary Act of 1711. But in 1715 the
Judiciary Act did not confer equity jurisdiction on the courts of common
pleas which were established by an act of Assembly of the same year. In-
stead, this jurisdiction was given to the Supreme Court exclusively. When
judiciary acts were rendered ineffectual, Governor Keith was given power
‘So Ibid., sec. 5.
mIbid., sec. 9.
m Ibid., Sec. 22.
%‘Duke of York’s Laws in Charter to Willianz Pew, p. 35.
‘a Ibid., p. 61.
“8’A~t~ of the Assembly, May 10, 1684, in Charted to William Pew, p. 167.
‘= Laws of the Assembly, May 10, 1690 reen. May 15 and June 1, 1693, in C/zarter to
William Penn, pp. 184, 214, 225.
36 COUNTY GOVERNMENT
by the Council on August 6, 1720, to be a chancellor in equity and to hold
a court of equity for the province. Governor Gordon continued this court
upon assumption of his office in 1726. The courts met with much opposi-
tion and practically died with Gordon in 1736,266 and this was .the first and
last of a separate court of chancery in Pennsylvania. The practice of ad-
ministering equity through common law forms was developed in its stead.
Several acts in 1757,2O’ 1761,2B8 1772,2G0 and 1774 *‘” related to equity
jurisdiction. The Constitution of 1776 gave the Supreme Court and the
courts of common pleas chancery powers as to particularly designated mat-
ters.“l The Supreme Court’s equity powers were extended further in 1786
and 1789.“” Under the Constitution of 1790 all equity jurisdiction was
conferred on the existing courts of common pleas and the Supreme Court
of the State,273 and in 1836 equity powers were clearly defined as consti-
tuting part of the jurisdiction of the courts of common pleas and the Su-
preme Court. Some specific equitable remedies were confined to the court
of common pleas of Philadelphia County,274 but this was extended to all
counties 20 years later. 275 The Supreme Court was eventually deprived of
original equity jurisdiction by the Constitution of 1874 except in cases of
injunction where a corporation was a party defendant.*?” Thus we are
brought up to the present without a separate court of equity or chancery.
The orphans’ court in Pennsylvania followed a somewhat different
course of development. Under the Duke of York provisions were made
for the care of property of decedents. All cases of probate and administra-
tion were to be adjudged in the courts of sessions.277 The probate of wills
was accomplished through the Governor and a department known as the
prerogative court developed in his office. The jurisdiction of this office was
placed in the hands of local delegates where minor matters were concerned.
2W Eastman, op. cit., pp. 234, 235.
2m 1757, V St. at L. 315.
*a 1761, VI St. at L. 100.
Zoo 177’2, VIII St. at L. 245.
“‘1774, VIII St. at L. 254.
“I Const. of 1776, ch:II, sec. 24.
n2 1786, 2 Sm.L. 375; 1789, 2 Sm.L. 500.
lia Gmst. of 1790, art. V, sec. VI.
“’ 1836 P.L. 784 sec. 13.
1To 1857 P.L. 89.
“’ Gmst., art. V, sec. 3.
m Duke of York’s Laws in Charter to William Penn, pp. 5, 6.
GOVERNMENT ORGANIZATION 37
This prerogative court continued to operate until it was succeeded by a
probate court in 1778.“”
In the Laws Agreed upon in England provision was made for a register
of births, marriages, burials, wills, and letters of administration as dis-
tinguished from the office for recording deeds.279 Shortly thereafter this
provision was reiterated in the Great Body of Laws of the Province “’
and a Register General was appointed. Deputies of the Register General
were appointed in each county. In an act of 1705 the duties of the Register
General and his deputies were defined.2s’ This act was really a recognition
of the practice in the appointment of these officers but it also contained de-
tailed provisions for the probate of wills. An act of 1712 provided that
vacancies in the office of Register General should be filled within 3 weeks
by the Governor ; if the Governor failed to act the agents of the proprietary
were to appoint someone; if they failed, the vacancy was to be filled by the
judges of the Philadelphia court of common pleas.*“* The judges of com-
mon pieas were to be called upon for assistance in determining controversies
in the settlement of dispute in the administration of wills.283 This practice
was the forerunner of the register’s court.
In the same period the orphans’ court began to take form. In 1683 the
justices of the respective county courts were required to “sit twice eveiy
year to inspect and take care of the estates, usage and Employment of
Orphans, which shall be called the orphans’ court . . . that care may be
taken for those that are not able to take care for themselves.” 284 Attempts
were made to alter and define the jurisdiction of this court in 1701 285 and
1705-6.‘56 It was the act of 1712-13, however, which really became the
source of orphans’ court jurisdiction for many years to come.287 The jus-
,tices of the court of quarter sessions were empowered to hold a court of
record, called the orphans’ court, with jurisdiction over the accounts of
fiduciaries. Although the orphans’ court was here designated a court of
m Loyd, ofi. cit., p. 216.
“‘Laws Agreed upon in England, April 2, 1682, in Uzarter to William Penn, p. 101.
580 The Great Law or the Body of Laws, December 7, 1682, in Charter to William
Penn, p. 110.
281 1705, II St. at L. 194.
=s* 1712, II St. at L. 421 sec. 1.
m Ibid., sec. 3.
*Acts of the Assembly, March 10, 1683, in Charter to WiEZiam Penn, p. 131. Re-
iterated 1700, II Stat. at L. 81 sec. 1.
*= 1701, II St. at L. 148 sets. 8-11. I
“1705-6, II St. at L. 199.
“1712-13, III St. at L. 14. ,
38 COUNTY GOVERNMENT
record it was not so treated for many years to come. The orphans’ court
was to be held quarterly in each city and county under the Constitution of
1776 288 and its former jurisdiction was reaffirmed in 1777.‘8” The office
of Register General was abolished and registers of wills, instead of deputies
of the Register General, were to perform the necessary work. The registers
were to be appointed for each county by the General Assembly.2D0
The Constitution of 1790 provided that the judges of the court of com-
mon pleas of each county should constitute the orphans’ court and that they
together with the register of wills should compose a register’s court.2g1
It also placed the power of appointment of the registers in the hands of the
Governor.292
In an act of 1832 the register of wills was granted jurisdiction of pro-
bating wills, granting letters of administration, and the passing and filing
of accounts of fiduciaries. Disputes were to be settled in the register’s
court as set up under the Constitution of 1790.*03 In a later act of the same
year the jurisdiction of the orphans’ court was redefined and broadened.294
This act, together with those which followed it, firmly established the
orphans’ court,
The Constitution of 1838 as amended in 1850 made the register of wills
an elective officer and continued the register’s court and orphans’ court as
formerly constituted.2”5
The Constitu,tion of 1874 provided for the establishment of a separate
orphans’ court with separate judges in the counties having a population
of 150,000 or more. The General Assembly was also given the optional
power to establish a separate orphans’ court in all counties. The jurisdic-
tion of the former register’s court was transferred to the orphans’ court
and the register’s court was abolished. *06 In all counties where a separate
orphans’ court was to be established the register of wills was declared to
be clerk of orphans’ court.297
The “seven sister acts” passed in 1917 continued these constitutional
2’S Const. of 1776, ch. II, sec. 26.
me 1777, IX St. at L. 29.
2oo Ibid., 68.
*‘* Const. of 1790, art. V, sec. 7. See also 1791, 3 Sm.L. 28.
*” Const. of 1790, art. V, sec. 11.
‘““1832 P.L. 135.
28’ 1832 P.L. 190.
*“Const. of 1838, art. VI, sec. 3 as am. 1850, art. V, sec. 3.
‘M Const., art. V, sec. 22.
“‘Ibid.
GOVERNMENT ORGANIZATION 39
provisions, summarized the voluminous legislation relating to registers of
wills and the jurisdiction of the orphans’ court, and with their amend-
ments,’ remain today the basic authority for all matters relating to the
estates of decedents and orphans.298
In a brief summary of the judicial hierarchy as it exists today and in ex-
planation of the jurisdiction of the courts which compose this hierarchy
the Supreme Court of Pennsylvania must be considered first. The discus-
sion of the development of the judicial system has indicated that this court
was preceded by the Provincial Courts. Established in Evans’ ordinance
of 1707, it is the highest court in the State as to those matters which come
within its jurisdiction.yQQ It operates for the State as a whole and consists
of seven elective judges who hold their office for 21 years. The judge
whose commission expires first is Chief Ju.stice. By virtue of their offices
the judges are justices of oyer and terminer and general jail delivery iti the
several counties. They have original jurisdiction in cases of injunction
where a corporation is a party defendant, of habeas corpus, of mandamus
to courts of inferior jurisdiction, and of quo warrant0 as to all officers of
the Commonwealth whose jurisdiction extends over the State.300 They
have appellate jurisdiction by appeal, certiorari, or writ of error in civil.
cases involving sums over $2,500 and in criminal casks following felonious
homicide.30’
The Superior Court, established in 1895,30Z is the only other true appel-
late court in Pennsylvania. Its authority is purely statutory and is ex-
pressly limited. It is in a sense an intermediate court of appeal, composed
of seven elected judges learned in the law. Their term is 10 years. This
court has no original jurisdiction except if occasion arises, to issue writs
of habeas corpus returnable to the Superior Court.303 The Superior Court
has final and exclusive appellate jurisdicti,on of all appeals which were at
the time it was instituted allowed to the Supreme Court in cases involving
appeals from the. court of quarter sessions. An exception was made of
‘* 1917 P.L. 337, 363, 388, 403, 415, 429, 447.
28a Governor Evans Ordinance, February 22,1707, in Charter to William Petapt, p. 319 ;
1722, 1 Dall. 171 sec. 11. See also the various judiciary acts referred to sz@a.
‘O” Const., art. V, sec. 3. In some cases the Supreme Court has taken original juris-
diction where unusual public importance and desirability for speed in determining public
action necessitated it. See: Tranter V. Allegheny Comt~j AutkoYity, 316 Pa. 65 (1934) ;
and Corporatiolt for Relief of Widowi v. Philadelphia, 317 Pa. 76 (1935).
‘O’ 1836 P.L. 754 sec. 1 ; Cornm. v. Jots, 303 Pa. 551 (1931) .
sn2 1895 P.L. 212 sec. 1.
3’S Ibid., sec. 3.
40 COUNTY GOVERNMENT
cases involving the right to a public office in which cases appeal still lies to
the Supreme Court. Other cases of appellate jurisdiction taken away from
the Supreme Court and’given to the Superior Court were cases ahpealed
from the courts of oyer and terminer except for felonious homicide;
enumerated cases appealed from the court of common pleas and orphans’
court ; and any case where the parties file an agreement stipulation to have
it heard by the Superior Court, in spite of the fact that the case would have
been appealable directly to the Supreme Court. The civil jurisdiction is
further limited to cases involving less than $2,500.304
Appeal may be taken from the Superior Court only if the jurisdiction
of the Superior Court is in issue, if the’constitution of the United States
is involved, if the State Constitution is involved, or if appeal is allowed
by the Superior Court itself or by one justice of the Supreme C~urt.~‘~
The courts from which all of these appeals are taken are the next rung
down in the judicial ladder. These are the courts of the judicial districts.
They consist of three main branches, the court of common pleas, the court
of quarter sessions, and the court of oyer and terminer. From time to time
the jurisdiction of these courts has been restated.30e In counties where there
is more than one judge learned in law, these courts may try cases on the
same trial list or hold separate courts for the trial of cases in common
pleas, quarter sessions, oyer and terminer, and equity. In those counties
where there is no separate orphans’ court they may also hold orphans’
court.80T
The courts of common pleas have the jurisdiction and the power to hear
and determine all pleas, actions, and suits, civil, personal, real, and mixed
“according to the constitution and laws of this Commonwealth.” Resides
these ordinary powers the courts of common pleas were specifically granted
equity jurisdiction under the constitution. 308 Further jurisdiction of the
common pleas is extended to cases in which the Commonwealth is a party.30”
3M Ibid., sea 1, 7; 1895 P.L. 248 sec. 3 am. 1923 P.L. 3 No. 2 sec. 1.
‘On 1895 P.L. 212 sec. 7.
‘OB For a discussion of the provincial and post-Revolutionary development of the
jurisdiction of these courts, see Eastman, ofi. cit., I, 91, 151, 220, 311. See also the
acts of 1836 P.L. 784 sec. 12; 1860 P.L. 427 sets. 31, 32; 1901 P.L. 605 sec. 1.
8M 1834 P.L. 333 sec. 43; 1875 P.L. 25 sec. 1; 1876 P.L. 19 sec. 1 rep. 1917 P.L.
363 sec. 24.
*OS Const., art. V, sec. 20. See also 1700, II St. at L. 134 sec. 1; 1836 P.L.’ 784
sets. 12, 13.
‘08 1901 P.L. 637 sec. 1. An exception is made to this rule in the tax cases where
the Commonwealth is a party. The court of cotimon pleas of Dauphin County has
express jurisdiction in these matters. See act of 1870 P.L. 57.
GOVERNMENT ORGANIZATION 41
The courts of quarter sessions have jurisdiction over all crimes and
misdemeanors of which exclusive jurisdiction is not given to the court of
oyer and terminer. The quarter sessions may, further, take, continue, or
discharge obligations of individuals bound to keep the peace.310 In addi-
tion to this general criminal jurisdiction, specific jurisdiction over several
civil and quasi-criminal matters such as roads and bridges, disputed
municipal boundaries, the widening of navigable streams, and desertion
and nonsupport has been bestowed upon the court of quarter sessions.311
The quarter sessions court has exclusive jurisdiction over dependent,
neglected, and delinquent children under 18 years of age, except in cases
involving homicide.312 It had exercised jurisdiction over dependent and
. delinquent children as far back as the end of the eighteenth century.313
Hence, in the natural course of its development, this court was given gen-
eral supervision over probation and parole matters as to dependent and
neglected children when that system was established in 1901.3’4 -This sys-
tem was extended in 1909 to adult offenders convicted for the first time
for any but the most serious crimes,315 in 1911, to persons paroled from
county penal institutions s16 and in 1913 to cases of domestic desertion.317
Closely related to the probation and parole work of the court of quarter
sessions is the matter of provision for the detention of juvenile delinquents.
The court of quarter sessions sitting in juvenile cases is sometimes re-
ferred to as the “juvenile court.” There are no separate juvenile courts
in Pennsylvania, except in Allegheny County,318 but the need for the
separation of the trials of juvenile and adult offenders was felt in the
latter part of the nineteenth century. In 1893 provisions were made for
hearing juvenile cases separately, by the criminal courts.31g More specific
rules for the trial of juveniles were made in the Juvenile Court Law of
“’ 1860 P.L. 427 sec. 32.
“‘See Title 36 of Purdon’s Pennsylvania Statutes Amotated, Permunent Edition,,
hereinafter cited as Purdon’s Annotated Statutes; 1867 P.L. 78 sec. 1 ; 1895 P.L. 316
sets. 1, 2; 1879 P.L. 100 sec. 1; 1893 P.L. 284 sec. 3 as rep. and reen.
“* 1903 P.L. 274 sec. 1 am. 1933 P.L. 1433 sec. 1 further am. 1939 P.L. 394 sec. 1.
‘I3 1799, 3 Sm.L. 385 sec. 2; 1836 P.L. 539 sets. 31, 39; 1879 P.L. 84 sec. 1.
‘I4 1901 P.L. 279 sec. 6 rep. 1903 P.L. 274 sec. 12; 1903 P.L. 274 se,c. 3 am. 1909 P.L.
89 sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 17.
“’ 1909 P.L. 495 sec. 1.
‘I6 1911 P.L. 1055 sec. 1 am. 1925 P.L. 554 No. 297 sec. 1; 1911 P.L. 1055 sec. 3 am.
1919 P.L. 569 sec. 1.
‘*‘1913 P.L. 502 sec. 1 sup. 1917 P. L. 268; 1917 P.L. 773 No. 290 sec. 4.
‘18 1933 P.L. 1449 sec. 201.
a19 1893 P.L. 459 No. 328 rep. 1933 P.L. 1433 sec. 28.
42 COUNTY GOVERNMENT
1901.3*0 Two years later separate accommodations were provided for
- juvenile offenders awaiting trial. This was the basis for the later juvenile
detention homes, which are under the control of the county commission-
ers. aSI Various practices have been adopted in different counties to meet
this situation, from the construction of separate buildings to the commit-
ment of delinquent children to the care of their parents.
The court of oyer and terminer has the power to try all crimes committed
in the county and it has exclusive jurisdiction in cases of murder, man-
slaughter, or other homicide, cases of treason, sodomy, buggery, rape, rob-
bery, statutory arson, mayhem, burglary, and other specified crimes.3*2
The orphans’ court, whether it be separate or not, has the jurisdiction
bestowed upon it by the Orphans’ Court Act of 1917. Adoption prdceed- .
ings, the settlement of decedents’ estates and the estates of minors, the
probate of wills, the granting of letters of administration, auditing and
filing accounts of fiduciaries and compelling distribution- are among its
many powers in this respect.323
Justices of the peace, magistrates, and aldermen comprise the lowest
rung of the judicial ladder. These officers are elected in the various wards,
districts, townships, boroughs, and cities for terms of 6 years.324 Their
courts are not courts of record; they have jurisdiction over lesser crimes
and disputes. They may hold over cases brought before them for grand
jury and subsequent trial in the courts of common pleas, quarter sessions,
and oyer and terminer. They have specific jurisdiction in civil matters
where the amount in controversy does not exceed $300; 325 in actions for
penalties for breaches of municipal ordinances; 3zG and in cases where
offenses made punishable by summary conviction have not been conferred
upon any particular court.327
3’01901 P.L. 279 sec. 3 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 1 rep. 1933 P.L.
1433 sec. 28 but reen. in sec. 1.
x1 1903 P.L. 274 No. 205 sec. 7 rep. 1933 P.L. 1433 sec. 28; 1903 P.L. 137 No. 98
sec. 1 am. 1913 P.L. 570 No. 420 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 7 am.
1939 P.L. 394.
“* 1836 P.L. 784 sec. 4 reen. 1560 P.L. 427 sec. 31; 1901 P.L. 879 No. 445 sec. 1.
3”3 1917 P.L. 363.
X’ Const., art. V, sec. 11 ; 1839 P.L. 376 sec. 1.
es 1810 P.L. 208, 5 Sm,L. 161 sec. 1; 1845 P.L. 72 sec. 3; 1879 P.L.. 194 sec. 1.
Philadelphia and Allegheny Counties have their own peculiar setups and the discussion
herein contained may not be applied to them.
“’ 1835 P.L. 291 sec. 7; 1849 P.L. 409 sec.-7. .
“’ 1929 P.L. 824 No. 356 sec. 1.
GOVERNMENT ORGANIZATION 43
Law Enforcewent. The police power of the State is supreme. It re-
mains unchallenged and uninterrupted by the Federal Government. It is
a sovereign power to such an extent that any offense committed by an
individual within its confines is considered an offense against the Com-
monwealth. Only those offenses specifically granted to the Federal courts
by the United States Constitution and the Judiciary Act of 1789 are not
within the jurisdiction of the Commonwealth.
From the earliest times in colonial Pennsylvania the sheriff has been
the chief conservator of the peace within the county on behalf of the
State. One judge wrote in 1844: “On sheriffs and justices is the duty
cast of conserving the public peace. The very name of sheriff indicates his
duties, being derived from two Saxon words, seyre, that is, shire or county,
and i-eave, keeper or guardian. He is, both by the common law and special
commission the keeper of the peace of the Commonwealth within the
county . . . To execute such duties . . . every citizen capable of bearing
arms . . . is bound to yield a prompt obedience to his command, and repair
to meet him at any appointed place of rendezvous within the cdunty.“32?
The sheriff’s power to suppress disorder may also be exercised by the
coroner, by the local justice of the peace, the constable,, or any other
municipal officer.329 The Pennsylvania Motor Police operate in such a
, way as to supplement the work of the law enforcement officers where co-
operation among the counties is necessary.
The investigation of crime and criminals is conducted by these officers
and the district attorney, wha is assisted by the county detectives. It has
always been the duty of the coroner to investigate deaths of a suspicious
or violent nature and to hold inquest. 330 The coroner as a judicial officer
may empanel a jury of not more than six 331 and may compel the attend-
ance of witnesses to assist him in determining the causes of deaths and in
fixing the responsibility. 332 If the jury has determined the responsibility
for a death, it is the coroner’s duty to apprehend the person so charged,
for which purpose he may direct his warrant to the sheriff. The coroner
is also a committing magistrate and if the jury should find a person guilty
of homicide, it is his duty to commit that person to prison, without bail,
329 In Re Riots of 1844, 2 I’a. L. J., 135, 283 (1844).
SW Sylvester B. Sadler, Crintirlal Procedure in Pennsylvania, I, 106.
a’ 1907 P.L. 92.
‘a 1857 P.L. 536 No. 592:
sra Re Power of Coroner, 11 Phil+. 387 (1875).
44 COUNTY GOVERNMENT
to await tria1.333 In the event that there is no coroner bi reason of vacancy
or absence from the county, or should his office be more than 10 miles dis-
tant from the place where ‘the death occurred, a local justice of the peace
may hold the inquest in his stead.334 Where an inquest is necessary the
coroner is empowered to order a post-mortem examination, and he can
bind the county for the services of a physician.“35
In ci-imes other than homicide the investigations leading to arrest are
performed by the district attorney assisted by the county detectives, or out-
side agencies. The returns of the coroners and those of constables of all
offenses punishable at law, together with the presentations of the district
attorney or those of the grand jury itself or of a private prosecutor, culmin-
ate in indictments before prosecution is begun. Bills of indictment may
also be based on presentments or reports of the grand jury made after in-
vestigation of public evils by direction of the court or from the knowledge
of the jurors themselves. However it may be reached, “A formal accusa-
tion is essential to every trial for crime.” a36 The ordinary form is the in-
dictment. The less commonly used form is-the information, also a written
formal accusation but limited by the constitution to cases arising in military
service or by permission of the court in cases involving oppression or mis-
demeanor in office.337 Both the indictment and the information are prepared
by the district attorney. Prior to 1850 this was the duty of a deputy of
the Attorney General. In that year, however, the duties of the deputy were
vested in an elected district attorney.S38
Before the bill of indictment is prepared there must be an arrest based
on information made under oath before a magistrate and there must have
been a preliminary hearing where the defendant might be confronted by
his examiner and witnesses and have an opportunity to cross-examine them ;
if a prima-facie case is then made out the magistrate returns it to the court.
The bill of indictment is then prepared and laid before the grand jury, a
majority of which must concur in order to find a true bill, thus placing
ILs3 Sadler, op. cit., I, 38, 39. See cases cited therein.
ma Ibid.
113s Sadler, op. cit., II, 875.
m Const., art. 1, sec. 8; Sadler, op. cit., I, 238, 243, 251-25.5. For returns of con-
stables, aldermen, and justices of the peace, see 1875 P.L. 28 No. 31 sec. 3.
%‘Const., art. I, sec. IO.
gJs Const., art. XIV, sec. 1; Comm. ex rel. Minerd et al., Appellants v. Margiotti,
32.5 Pa. 17 (1936) ; 1850 P.L. 654 sec. 1; 1929 P.L. 1278 sec. 246 am. 1931 P.L. 401
sec. 1 further am. 1939 P.L. 2619 sec. 1. -
I
GOVERNMENT ORGANIZATION 45
the prisoner on trial. 838 At times the district attorney may present an in-
dictment before a grand jury without previous binding over or commit-
ment of the accused. This power is exercised only when there is an urgent
need to apply the law enforcement machinery.340
The indictment having been sustained, steps for the arrest and trial of the
defendant are taken. The usual method for instituting proceedings in the
apprehension of criminals is by means of a warrant of arrest issued upon
information given under oath before a justice of the peace, sheriff, or dis-
trict attorney. The warrant is directed to an authorized ministerial officer
such as a constable, deputy sheriff, or county detective authorizing the
apprehension of the alleged offender. 841 The judges of the court of quarter
sessions and oyer and terminer may also issue writs, warrants, and other
processes to the sheriff or to the coroner when circumstances demand this
procedure.342 In cases of arrest by warrant, the constable or other officer
must take the person named thereon into custody. In order to do this he
is further empowered to call citizens to his assistance.34s There are cases
where breaking in doors, destroying property, and killing in the execution
of arrest are justified .344 The formal warrant must be specific in form and
content in order to prevent injustice. Arrests may be made without a
formal warrant in some instances. An officer may arrest without a warrant
for an offense he sees committed, or for one recently committed, where
the offender is escaping. 345 He may also arrest without warrant where a
felony has been committed or where he has reasonable grounds to believe
that it has been committed recently and that the person whom he arrests is
actually the offender. He may also arrest without a warrant for mis-
demeanor committed in his presence. He may not arrest without a war-
rant, however, unless the misdemeanor constitutes a breach of peace even
if it is an act in violation of a municipal ordinance.34s Special provisions
for such arrests by policemen have been made in cities of the third class,
permitting them to be ex officio constables. 847 Similar provisions were made
a’s Sadler, op. cit., I, 241.
“‘Ibid., pp. 255, 256.
‘*I Ibid., pp. 77-90.
%* 1860 P.L. 427 sec. 1.
“’ Sadler, op. cit., I, 87.
3M Ibid., pp. 88, 89.
aaaSee 1929 P.L. 177 sec. 712 in which this common law power was extended to
include State Police.
M Philadelphia v. Campbell, 11 Phila. 387 (1875).
““1913 P.L. 568 sec. 7 am. 1919 P.L. 310 sec. 25.
46 COUNTY GOVERNMENT
for <boroughs in 1927, townships of the first class in 1931, and townships
of the second class in 1933.3”s
In cases of arrest without i warrant it is the duty of the officer making
the arrest to take the accused without delay before a justice of the peace’
for formal accusation and hearing before he is incarcerated.34g In 1909,
however, the sheriff, constables, and members of the State Police, now the
Pennsylvania Motor Police, were empowered to detain suspects for 48
hours in lockups dr prisons until their cases could be disposed of according
to law.36o Since 1889 the county commissioners have had the power to offer
a reward for the apprehension or detection of criminals.3”’ After a formal
arrest is made the prisoner may be released on bail or may be committed to
the custody of the sheriff or local constable and placed in jail. While in
jail the accused is in the custody of the warden but must be removed to ,
the custody of the sheriff during trial.
Prisons were provided early in Pennsylvania history for each town
where a court was to be held.’ B j * The sheriff was responsible for the man-
agement of the jail and he appointed employees to aid him in this work.3’3
In 1899 legislation required the establishment of a prison board in every
county, to consist of the sheriff, the county commissioners, and the presi-
dent judge of the court of common pleas. 354 This law was not to be in con-
flict with any preceding special laws and in those counties where prison
boards had already been established by special acts of Assembly before the
adoption of the present constitution this law and similar laws which fol-
lowed had little effect except in counties of the sixth, seventh, and eighth
classes. In 1907 the composition of this prison board was changed to ex-
clude the president judge as a regular member of the board, but his ap-
proval was still required for the rules of the board.““5
In 1909 counties having a population of more than 150,000 and less than
348 1927 P,L. 519 sec. 3102; 1931 P.L. 1206 sec. 1403; 1933 P.L. 103 591. sec.
a43 Sadler, op. cit., I, 91-98.
‘So 1909 P.L. 141 No. 92 1. sec.
“‘1889 P.L. 132 No. 147 sec. 1 am. 1919 P.L. 41 .No. 31 sec. 1 rep. 1929 P.L. 1278
sec. 1051 but reen. in sec. 491.
““Duke of York’s Laws, March 1, 1664, in Charter to William Penn, pp. 47, 65;
Laws of the Assembly, March 10, 1683, in Charter to Wiliianz Penn, p. 139; A Petition
of Rights in Charter to William Penn, June 1, 1693, p. 208.
a53 Duke of York’s Laws, March 1, 1664, in Charter to William Penq pp. 50, 55:
1790, 2 Sm.L. 531 sec. 28.
““1899 P.L. 89.
s35 1907 P.L. 247 sets. 2, 3,
, GOVERNMENT ORG.4NIZATION 47
250,000 were affected by a new regulation which set up a board of in-
spectors of the county jail or prison. This board was to consist of the dis-
trict attorney, sheriff, controller, judges of the court of quarter sessions,
and the county commissioners. In 1921 this provision was extended to all
counties of the third and fourth classes.35” In the. same year the county
commissioners alone were declared the members of a prison board for ail
fifth-class counties.3”i In the smaller counties the sheriff is still in control
of the jail or prison. The jail or prison warden is appointed by the board
of prison inspectors where there is one or by the sheriff where he alone is
responsible for the prison management.
The prosecution of persons accused of crimes begins after the bill of
indictment has been brought into court as a “true biil” by the foreman of
the grand jury. At all such times the district attorney or his assistant is the
legal adviser of the grand jury. It is his duty as prosecuting attorney to
bring proper witnesses before the jury as well as to superintend the exam-
ination of the witnesses and to give instructions on all questions of the
law.3”8 The district attorney, as the successor of the Deputy Attorney Gen-
eral, represents the Commonwealth in criminal prosecutions. He must en-
dorse the bills of indictment and conduct all criminal and other prosecu-
tions in the name of the commonwealth. He may not discharge a prisoner
from custody nor enter a nolle pros without first obtaining the approbation
of the court in writing.3”9
After a verdict of guilty has been rendered by the jury the court of
quarter sessions and oyer and lterminer may sentence the prisoner to a
State penitentiary or to the county jai1.36o In some cases prisoners are com-
mitted to a workhouse as in Allegheny County.361 The length of the prison
term is prescribed by law. Women over 16 years of age are committed to
the State Industrial Home at Muncy, since they may not be imprisoned in
a State penitentiary. 3R2 Male criminals between the ages of 15 and 25 not
known to have been previously sentenced to any State prison may be sent
to the Pennsylvania Industrial School at Huntingdon.3c3 Male or female
“““1909 P.L. 262 No. 171 am. 1913 P.L. 279 but the amendment of 1913 was held
unconstitutional in Comm. v. Thomzs, 248 Pa. 258 (1915) ; 1921 P.L. 579.
m’ 1921 P.L. 470.
358 Sadler, cit., I, 266, 267, 274. op.
“’ 1850 P.L. 654 1. sec.
‘lI” Sadler, cit., I, 732, 733. og.
“’ 1866 P.L. 8; 1871 P.L. 184.
‘li2 1935 P.L. 1165.
3m 1887 P.L. 63 No. 30 4. This sec. school is White Hill. now at
48 COUNTY GOVERNMENT
incorrigible children under the age of 21 years residing in western-Penn-
sylvania may be admitted to the Pennsylvania Training School at Mor-
ganza.364 Dependent, neglected, and delinquent children under 18 may be
committed, after a hearing by the juvenile court, to any society organized
for the protection of children ; to approved families ; or to an industrial or
training schoo1.365 Many counties have established juvenile detention
homes. When a jury acquits a defendant on grounds of insanity, he must
be examined and if found to be insane he is committed to a hospital for
mental diseases under the Mental Health Act of 1923. The county bears
the expense.“66
In all cases it is the duty of the sheriff or his deputy to deliver prisoners
and insane persons to the proper places of confinement.gB7
Finance. The fiscal coutrol of county government is in the hands of the
county commissioners, the treasurer, the auditors and. controller, the sink-
ing fund commission, and the salary board. The board of county com-
missioners plays a highly important role in this connection, especially in
counties which have three county auditors but no controller. The commis-
sioners supervise the levy and collection of taxes, appropriate county funds,
initiate most of the public works projects, and purchase supplies. The
treasurer disburses money as authorized by orders issued by the commis-
sioners. He informs the commissioners of the financial condition of the
county treasury from time to time, collects delinquent taxes, conducts treas-
urer’s sales of property on which taxes have become delinquent, and serves
as a collection agency for certain taxes levied by the Commonwealth. The
controller countersigns all orders issued by the commissioners, scrutinizes
bills to see that they are legally payable, sees that bids for contracts are
made in the proper manner, prepares the county budget, and audits the
accounts of county officers handling county funds. In those counties having
auditors instead of controllers the commissioners handle most of this activ-
ity, the auditors doing the, auditing of county funds. The salaries of the
employees of county officers are fixed by the salary board, and the sinking
fund commission is responsible for the administration of county funds to
be applied toward the bonded indebtedness of the county.
““‘1850 P.L. 538 sec. 15 saved from rep. 1933 P.L. 1433 sec. 29 and 1933 P.L. 1449
sec. 502.
8Bsl933 P.L. 1433 sec. 8 am. 1939 P.L. 394 sec. 1.
*” 1923 P.L. 998 sets. 303, 304, 307, 308. See also 1845 P.L. 440 sec. 10 and 1860
P.L. 427 sec. 66 am. 1929 P.L. 532 sec. 2.
se1 1887 P.L. 63 sec. 9 ; 1917 P.L. 237 No. 129 sec. 1; 1923 P.L. 1044 sec. 3 ; 1929 P.L.
640 sec. 3: 1929 P.L. 1278 sec. 186.
GOVERNMENT ORGANIZATION 49
The expenditures of the following county officers and institutions are
subject to budgetary control : commissioners, solicitor, recorder of deeds,
prothonotary, clerk of courts, register of wills and clerk of orphans’ court,
sheriff, coroner, district attorney, probation and parole officers, jury com-
missioners, treasurer, controller, county superintendent of schools, sur-
veyor, inspector of weights and measures, and several minor officials.
The necessity for auditing county accounts was recognized as early as
1700 when a statute provided that the justices of the county court and the
assessors annually audit the accounts of the county treasurer.3”8 The jus-
tices were relieved of this duty in 1718 and for the next 15 years the com-
missioners joined the assessors in the auditing of these accounts.360 In 1732
the commissioners, assessors, and treasurer were required to exhibit their
accounts to the justices and grand juries annually.37o After the adoption
of the Constitution of 1790 the need was felt for a more complete system
of county auditing. In 1791 the court of common pleas of each county was
authorized to appoint three auditors to “audit, settle, and adjust” the treas-
urer’s and commissioners’ accounts and to file all of these accounts with the
court of common pleas.371 County auditors were made elective in 1809.372
One year later their auditing duties were extended to the accounts of the
sheriff and coroner.3’3 In 1814 the term of county auditors was increased
from 1 to 3 years 37* and finally to 4 years under the Constitution of 1874
as amended in 19O9.3i’ In 1879 the duties of the auditors were extended to
the auditing of the accounts of the directors of the poor.376
A movement to replace the office of county auditors with that of a con-
troller, who would have greater control over county finances than his pre-
decessor, was begut in the middle of the nineteenth century. This was
especially true in the larger counties. The new office was established for
Philadelphia County in 1854 377 and for Allegheny County in 1861.378 In
1893 county auditors were abolished by legislation in counties containing a
8Bs 1700, II St. at L. 23 sec. 3.
x89 1717-18, III St. at L. 175 sec. 11 ; 1724-25, IV St. at L. 10 sec. 13.
“’ 1732, IV St. at L. 234 sec. 2.
“I 1791, 3 Sm.L. 15 sec. 1.
“‘1809 P.L. 42, 5 Sm.L. 19 sec. 1.
“’ 1810 P.L. 208, 5 Sm.L. 161.
374 1814, 6 Sm.L. 1031 sec. 1 rep. 1929 P.L. 1278 sec. 10.51; 1834 P.L. 537 sec. 44 rep.
1929 P.L. 1278 sec. 1051.
8’6Chnst., art. XIV, sec. 2 as am. 1909.
“‘1879 P.L. 30; 1881 P.L. 537 sec. 44.
3”lS54 P.L. 21 sec. 12.
8’8 1861 P.L. 450.
50 COUNTY GOVERNMENT
population exceeding 150,000 and provision was made for a controller to
assume their duties.3’8 This act was held unconstitutional in 1894 because
there was no indication in its title of the purpose of the act.380 It was cor-
rected and reenacted in 1895,“‘l slightly amended in 19O1,38’ and again
amended in 1913.3’” The act of 1913 extended these provisions to include
counties with a population of 100,000 or more and recognized the consti-
tutional amendment of 1909, which increased the term of all county officers
to 4 years. In 1909 counties of less than 150,000 were given the prerogative
to set up this new office by petition.s’4 The act of 1929 repealed the acts
of 1895, 1901, 1909, and 191.3, but reenacted them as amencled.““z
In counties where there are still no controllers accounting is under the
supervision of the county commissioners. The county auditors audit and
adjust the accounts of the commissioners, treasurer, and sheriff and make
an annual report thereof to the court of common p!eas. The commission-
ers must calculate the probable expenses of the county for the coming
year. 380 In counties where there is a controller the duty of preparing a
budget as a check on county expenditures devolves upon hini.““7
In counties where there is no controller the commissioners may fix the
rate of taxation necessary to meet the budgeted expenses.3YY This rate is
determined after the returns of locally elected assessors have been made.
Under the same general law, where there is a controller it is his duty to
prepare a proposed budget at least 30 days before the date set for final
adoption and to transmit it to the county commissioners not later than Feb-
ruary 1. The county commissioners may make any revision which may
appear necessary, adopt the budget, and make the necessary appropriation
to put it into effect. At the time the budget is adopted the county commis-
‘TO 1893 P.L. 393.
380 C~mm. v. Sanzucls et al., Appellards, 163 Pa. 283 (1894) ; Comet. v. Sev~l,
Appellan~ts, 164 Pa. 462 (1894).
Is1 1895 P.L. 403 No. 288.
38z 1901 P.L. 140.
3s3 1913 P.L. 10.
“* 1909 P.L. 434. Counties of the sixth, seventh, and eighth classes may avail them-
selves of this privilege only with the approval of the court, 1929 P.L. 1278 sec. 136 am.
1933 P.L. 948 No. 154.
asa 1929 P.L. 1278 sec. 1051. Reen. in sets. 131, 136, 341-353.
“’ 1717-18, I!1 St. at L. 17.5 sec. 2; 1724-25, IV St. at L. 10 sec. 3; 1799, 4 Dall.
508 sec. 7; 1929 P.L. 1278 sec. 363; 1929 P.L. 1278 sec. 364 am. 193.5 P.L. 1184 sec. 2.
w 1893 P.L. 393 sec. 5; 1895 P.L. 403 No. 288 sec. 5; 1929 P.L. 1278 sec. 346 am.
1935 P.L. 1184 sec. 2.
3sB 1929 P.L. 1278 sec. 361 am. 1935 P.L. 1184 sec. 2.
GOVERNMENT ORGANIZATION 51
Goners may fix the tax rate to raise the necessary amounts in order to meet
the budgeted expenditures.““Q In either type of county, final action may
not be taken on the proposed budget until after at least 10 days public notice,
and the budget must be published at least 20 days prior to the date set for its _
adoption. Within 15 days after adoption, a copy of the budget must be filed
with the Department of Internal Affairs. The commissioners may not in-
crease the expenditures of the county to an amount beyond the taxes as-
sessed, but they may authorize the transfer within the same fund of any
unencumbered balance from one spending agency to another during the
last 9 months of the year.““O Budgets for school districts are prepared by
the board of school directors in the same manner as the county budgets.3g1
Two classes of property, real and personal, are taxable for county pur-
poses in Pennsylvania. Real property includes : lands, houses, lots, mills,
factories, buildings, and structures of all kinds which are attached to the
land. Personal property includes : furniture, horses, cattle, and machinery.
Intangibles, such as mortgages, notes, loans, stocks, and bonds are per-
sonalty and are taxed exclusively for county purposes at the rate of
4 mills.392 This tax was first levied in 1913.3”8 Trades and occupations
are likewise subject to a county levy. All real estate taxable for county
purposes is subject to school taxes by school directors,3”” who, in addition,
may levy a per capita tax.3”E Before 1938 taxes for poor purposes not ex-
ceeding 10 mills were levied by the county commissioners as part of the
general county tax on real estate and occupations. Since that time the!
have been.leviecl by the county institution district board, which is composed
of the county commissioners ex officio.3D6 Specific exemptions fdrom prop-
erty taxes for county, road, poor, and school purposes include: property
of chinches and municipalities, all burial grounds and mausoleums not in
use for private gain, property of educational and charitable institutions, of
“” 1929 P.L. 1278 sec. 346 am. 1935 P.L. 1184 sec. 2 ; 1929 P.L. 1278 sec. 370 added
1935 P.L. 1184 sec. 3.
‘O” Pennsylvania Economic Council, Budget Pvogvams artd Xcqz~irerrzc7rts for Local
Govenlrwrlts irl Per~rqkx~~~iu, p. 31, hereinafter cited as Budget Progrorr7s; 1929 ,P.L.
X278 sec. 370 added 1935 P.L. 1184 sec. 3.
“I Budget Programs, p. 7.
“‘Tanger and Alderfer, op. cit., pp. 215, 216.
389 1913 P.L. 507 No. 335 sec. 1.
*%I911 P.L. 309 sec. 537 am. 1921 P.L. 508 sec. 1.
3’S 1911 P.L. 309 sec. 542 am. 1919 P.L. 997 sec. 1 further am. 1921 P.L. 508 sec. 4.
*86 Poor Relief Admix&ration, Chart No. 1; Pennsylvania Economy League, The
County Institution District-Its OrgaGzation, Powers, Duties, aMd Responsibilities,
p. 4, hereinafter cited as Cowfy Institution District.
52 COUNTY GOVERNMENT
all school hbuses, public libraries and museums, playgrounds, public parks,
courthouses, jails, and poorhouses.
Since 1711 when the office of county commissioners was created to re-
lieve the courts of some of their taxation duties the commissioners have
been the chief assessing authorities. This was especially true after the
abolition of the office of county assessors in 17S0. Today they share the
responsibility with the locally elected assessors.“gy Provision for the elec-
tion of local assessors was made as early as 1760.39s Assessors are now
elected in each political subdivision .in all but first, second, and third-class
counties.400 When vacancies occur in the office of elected assessors the
county commissioners may fill them.4o1 In third-class counties assessors
are selected by the board for the assessment and revision of taxes402
The county commissioners issue their precepts to the assessors to make
triennial assessments of property subject to county taxes. Assessments
were at first prepared by the assessors from inventories sent in by the tax-
paye,rs but now they are also made after personal contacts by the asses-
sors.4o3 Returns must be made by the assessors at times stated by law,
whereupon it becomes the duty of the commissioners to rectify apparent
errors, to publish a list of the total assessments made by each assessor, and
to indicate a date for a hearing by the board of revision for equalization
and review.4o4 The power of revision and assessment at first belonged to
the judges, 405 then’ to the county assessors,4o6 and later to both the county
asi 1933 P.L. 853 sec. 204.
“’ 1889 P.L. 7 No. 8 sec. 1 rep. as to boros. 1927 P.L. 519 sec. 3301 and as to twps.
1917 P.L. 840 sec. 150; 1889 P.L. 7 No. 8 sec. 2 am. 1889 P.L. 133 No. 148 sec. 1 rep.
as to boros. 1927 P.L. 519 sec. 3301.
3oo 1760, VI St. at L. sec. 3; 1764, VI St. at L. 344 sec. 3 ; 1779, IX St. at L. 443
sec. 2; 1795, XV St. at L. 3’2’2 sets. 1, 2; 1799, 3 Sm.L. 393 sec. 4 ; 1835 P.L. 46 sec.
8; 1851 P.L. 325 sec. 601.
“1889 P.L. 7 am. 1889 P.L. 133 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 301.
Prior to 1933 the city councils of third-class cities selected the assessors, 1913 P.L.
568 No. 367 art. XV sec. 1 rep. 1931 P.L. 932 sec. 4701 but reen. in sec. 2501 rep. 1933
P.L. 853 sec. 602.
M’1757-58, V St. at L. 337 sec. 8; 1760, VI St. at L. 3 sec. 7; 1897 P.L. 39 NO. 33
rep. 1933 P.L. 853 sec. 601 but reen. in sec. 304.
*01 1931 P.L. 1379 sec. 4; 1933 P.L. 853 sec. 102.
1o3 1724-25, IV St. at L. 10 sec. 4.
HH 1834 P.L. 507 sec. 6 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 508; 1841 P.L.
393 sec. 6 rep. 1933 P.L. 853 sec. 601.
+W Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, P. 10;
1700, II St. at L. 32 sec. 9.
408 The Frame of Government, October 26, 1696, in Charter to William Pens, P. 258.
GOVERNMENT ORGANIZATION 53
assessors and commissioners. 407 In 1715 this power was transferred to the
commissioners alone 408 and they continued to exercise it until 1842 when
they were named together with the associate judges as an ex officio board
for this purpose. The judges were removed from the board by an amend-
ment passed 2 years later.40” Thus in all except third-class counties the
commissioners alone constitute a board of revision. After revisions are
made, the county commissioners prepare the tax rolls which they must sub-
mit to local tax co11ectors.*10 In third-class counties the procedure is slightly
different. In ,such counties the commissioners neither issue precepts nor
receive returns. Both of these steps are handled by the board for the assess-
ment and revision of taxes.411 In the other counties the commissioners
themselves form the board of revision to hear appeals from dissatisfied
taxpayers. H* The commissioners of fourth-class counties may appoint as-
sistants to aid them with this work.*13
Tax collection as we have indicated in an earlier portion of this chapter,
was made by the town constables under the Duke of York.‘l* Under the
proprietary collectors of taxes were appointed by the assessors.415 After
the office of county commissioners was established they sometimes joined
the assessors in this appointment. ‘I6 Assessors having been abolished in
1780, the duty devolved upon the commissioners who continued to exercise
it until 1885 when provision was made for the election of municipal tax
‘“‘1710-11, II St. at L. 372 sec. 3.
408 1715, III St. at L. 83 sec. 2; 1717, III St. at L. 128 sec. 2; 1724-25, IV
St. at L. 175 sec. 7; 1795, XV St. at L. sec. 6; 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P.L.
509 sec. 13; 1799, 3 Sm.L. 393 sec. 10 sup. 1834 P.L. 509 sec. 15 rep. 1933 P.L. 853
sec. 601.
“‘1842 P.L. 441 sec. 10 am. 1844 P.L. 501 rep. 1933 P.L. 853 sec. 601 but reen. in
sec. 501.
41o Harold F. Alderfer, “The County,” Report of the Pewrwylvania Local Govern-
ment SWWQJ, pp. 53-57, hereinafter cited at Alderfer, ‘The Cowtty; 1842 P.L. 441
sec. 11.
‘I1 1933 P.L. 853 sets. 401,431.
“a1710-11, II St. at L. 372 sec. 3; 1715, III St. at L. 83 sec. 2; 1724-25, IV St. at
L. 10 sec. 7; 1799, 3 Sm.L. 393 sets. 8, 9 sup. 1834 P.L. 509 sets. 8, 10 rep. 1933 P.L.
853 sec. 601 but reen. in sets. 501-510. In 1943, a board of assessment and revision of
taxes, consisting of the county commissioners ex officio, was created in fourth- to
eighth-class counties, See appendix D.
‘la 1915 P.L. 659 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 309; 1929 P.L. 1712
sec. 2 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 506.
u4 Duke of York’s Laws, 1664, in Charter to Williaftt Petin, p. 49.
‘I6 Laws of the Assembly, 1693, 1696, 1699, in Charter to William Pew, pp. 22’2,
254-257, 281; 1700, II St. at L. 34 sec. 2.
u”1710-11, II St. at L, 372 sec. 2; 1711, II St. at L. 388 sec. 2; 1715, III St. at L.
83 sec. 2; 1717-18, III St. at L. 175 sec. 5; 1724-25, IV St. at L. 10 sec. 7.
54 COUNTY GOVERNMENT
collectors locally.4” There are two exceptions to this procedure. In third-
class cities the city treasurer has been authorized to function as a collecting
agency for county taxes,418 and in first-class townships the township treas-
urer acts as tax collector.410
Amounts collected for county purposes must be paid to the county treas-
urer, who must give receipts for taxes paid.420
In all school districts taxes are levied and assessed by the board of school
directors ; *21 they may not exceed 25 mills on the dollar.422 The county
commissioners are required by law to furnish each school district of the
third 423 and fourth classes a list of inhabitants assessed and a certified
duplicate of the last adjusted valuation of all realty, personalty, and occu-
pations, giving the name of each taxpayer and a description of the prop-
erty or occupation assessed. 424 In addition the, school board may levy a
per capita tax of not less than $1 nor more than $5 on each person residing
in the district.425 Tax duplicates must be furnished to local districts by the
board of school directors.4”0
In 1809 the county treasurer was authorized to sell unseated lands for
delinquent taxes, a power formerly exercised by the commissioners and the
sheriff.4”7 This power was extended in 1844 to include the sale of seated
lands for unpaid taxes.4zx Since that time much legislation has been passed
making provision for the sale of lands for nonpayment of taxes. A claim
for taxes constitutes a lien against the land in any sale in execution pro-
ceedings and has priority over other liens. In some cases the land has been
returned to the county commissioners for failure to pay taxes. All seated
and unseated lands sold to the county commissioners may be redeemed
M 1885 P.L. 187 sec. 1; 1893 P.L. 333 No. 273; 1927 P.L. 519 sec. 850; 1933 P.L.
103 sec. 414.
‘Is 1931 P.L. 932 sec. 2552 am. 1935 P.L. 363 sec. 1 further am. 1935 P.L. 719 further
am. 1937 P.L. 2641 further am. 1939 P.L. 153 sec. 1.
“D 1931 P.L. 1206 sec. 805.
aa 1717-18, III St. at L. 175 sec. 6; 1891 P.L. 212 No. 185.
‘*I 1911 P.L. 309 sec. 501.
42216id., sec. 537; 1921 P.L. 508 sec. 1.
“‘Except those co-extensive with third-class cities. Sinke 1931 the city treasurer of
third-class cities has been authorized to collect school taxes as well as county taxes,
1931 P.L. 932 sec. 2552 am. 1935 P.L. 363 sec. 1.
“‘1911 P.L. 309 sec. 541 am. 1921 P.L. 508 sec. 3.
“‘1911 P.L. 309 sec. 542 am. 1919 P.L. 997 sec. 1 furt,her am. 1921 P.L. 508 sec. 4.
“‘1911 P.L. 309 sec. 546.
“1769, VII St. at L. 306 sec. 1. 1795, XV St. at L. 322 sec. 10; 1804 P.L. 517;
1809 P.L. 192 sec. 1.
lzll 1844 P.L. 486 sec. 41; 1929 ‘P.L. 1684; 1931 P.L. 280.
GOVERNMENT ORGANIZATION 55
within a fixed period of. time by the owner, and the county treasurer must
issue receipts for such sales and record the sales4*” The right of re-
demption of seated lands sold for taxes to the county commissioners, who
may purchase the lands in case there are no bidders for a sum equal to the
taxes due and the costs, endures for 2 years.43o Unseated lands may also
be purchased by the commissioners under these conditions, in which case
the right of redemption endures for 5 years.4”1 Payments in both cases are
made by the owner to the county treasurer. Unredeemed seated and LIII-
seated lands may be sold by the commissioners at a public sa1e.432
Revenue from taxes, when collected, is placed in the hands of the county
treasurer 433 who pays it out with all other money on warrants drawn by the
commission&s.“34 In counties having a controller these warrants must be
countersigned by him.4”5 All expenditures therefore actually originate from
the office of the commissioners who, if they find the proceeds from the
taxes insufficient, may borrow money on behalf of the county within desig-
nated legal limits. Other sources of revenue are provided by special types
of taxes.
In 1911 the establishment of a sinking fund commission composed of
the commissioners, the treasurer, and the controller or auditors was au-
thorized for all counties.436 This commission attempts to develop a type of
insurance against contingencies through the purchase and retirement of
tiBFor miscellaneous provisions on different types of tax sales and the right to re-
demption, see acts of 1815 P.L. 177 sec. 4 am. 1935 P.L. 663 sec. 1; 1840 P.L. 349 sec.
7; 1849 P.L. 279’secs. 1, 2 extended 1850 P.L. 569 sec. 33 ; 1879 P.L. 55 No. 52 sec. 1;
1923 P.L. 207.
+S 1885 P.L. 268 sec. 3 am. 1889 P.L. 141 sec. 1.
u1 1815 P.L. 177 sec. 6.
u* Ibid., sec. 3 am. 1889 P.L. 141; 1815 P.L. 177 sec. 7; 1885 P.L. 268 sec. 4; 1931
P.L. 280 sec. 16 am. 1939 P.L. 498 sec. 8; 1931 P.L. 280 sec. 17 am. 1939 P.L. 498
sec. 18.
e3 1710-11, II St. at L. 369 sec. 3; 1710-11, II St. at L. 372 sec. 2; 1777, IX St. at
L. 75 sec. 8; 1799, 3 Sm.L. 393 sec. 16 sup. 1834 P.L. 509 sec. 49 sup. as to twps. 1885
P.L. 187 sec. 3, rep. as to twps. 1917 P.L. 840 sec. 1500; 1891 P.L. 212 sec. 1.
u4 The Frame of Government, October 26, 1696, in Charfer fo Willialn Penn, p. 258
sec. 3; 1700, II St. at L. 34 sec. 3. Prior to 1718 payments were made. by order of
the assessors and the justices of the peace; 1717-18, III St. at L. 175 sec. 11; 1799,
3 Sm.L. 393 sec. 13 sup. 1834 P.L. 537 sec. 37. rep. 1929 P.L. 1278 sec. 1051 but reen.
in sec. 362.
43s 1895 P.L. 403 No. 288 sec. 13 rep. 1929 P.L. 1278 sec. 1051 but reen. in sets. 347,
352.
“‘1909 P.L. 100 No. 59 sec. 1 rep. 1911 P.L. 895 sec. 13 insofar as it was incon-
sistent therewith, wholly rep. 1917 P.L. 199 No. 100; 1911 P.L. 256 sup. 1911 P.L.
89s rep. 1929 P.L. 1278 sec. 1051 but reen. in sets. 395-401.
56 COUNTY GOVERNMENT
bonds and the making of authorized investments for the reduction of the
sinking fund.437
In all counties where there is no controller, claims against the county
are submitted to the county treasurer. The treasurer must keep accounts
of all money received or disbursed and furnish the commissioners with
periodic statements of the transactions of his office. Once a year he must
state his accounts and produce his vouchers. These vouchers are examined
by the commissioners and then laid before the county auditors for settle-
ment.*38 The auditors scrutinize the accounts of county officers and report
annually to the court of common pleas.430 Their reports must be pub-
lished.440
In counties having a controller the system is slightly different. In such
counties all claims must first be presented to the controller, who audits
them and determines whether or not they are legally due. If he approves
them he certifies them to the commissioners.441 The controller must report
monthly, or more often if required, to the commissioners, the amount of
outstanding warrants registered and the amount of money paid into the
county treasury.442 The treasurer may not pay money out of the county
treasury except on warrants drawn by a majority of the commissioners and
countersigned by the controller, who must also cancel them.443
The issuance of licenses and the collection of license taxes is performed
by various county authorities on behalf of the Commonwealth. The county
treasurer functions as an agent of the State in issuing and collecting taxes
for licenses to hunters,444 fishermen,446 operators of kennels, owners of
dogs,44” and mercantile establishnlents.447 From 1933 until 1937 the treas-
urer was authorized to issue malt beverage retail dispenser licenses, but in
&’ 1911 P.L. 895 sets. 2 and 3 rep. 1929 P.L. 1278 sec. 1051 but reen. in sets. 396 and
397 respectively.
u8 1799, XVI St. at L. 375 sec. 14; 1929 P.L. 1278 sec. 362.
““1929 P.L. 1278 sec. 363 am. 1931 P.L. 401 sec. 1.
u” 1929 P.L. 1278 sec. 364 am. 1935 P.L. 1184 sec. 2.
4u 1893 P.L. 393 sets. 8, 9 ; 1895 P.L. 403 No. 288 sets. 8, 9 ; 1929 P.L. 1278 sets.
349, 350.
uz 1929 P.L. 1278 sec. 351.
“’ Ibid., sec. 352.
m 1913 P.L. 85 sec. 7; 1917 P.L. 151 sec. 2; 1923 P.L. 359 sec. 308 am. 1929 P.L.
444 sec. 6; 1935 P.L. 151 sec. 308.
u6 1919 P.L. 778 sec. 6; 1925 P.L. 448 sec. 223 am. 1929 P.L. 451 sec. 4.
““1917 P.L. 818 sets. 4, 11 rep. 1921 P.L. 522 sec. 43 but reen. in sets. 3, 11 am.
1925 P.L. 115 sec. 1 and 1925 P.L. 641 further am. 1927 P,L. 833 sec. 2, 6 further am.
1929 P.L. 456 sec. 3.
“’ 1899 P.L. 184 sec. 5.
GOVERNMENT ORdANIZATION 57
the latter year this responsibility was shifted to the State Liquor Control
Board.448 The clerk of orphans’ court is the Commonwealth’s agent for
issuing marriage licenses and collecting license fees.44g The sheriff issues
licenses and collects taxes for firearms.4”0 All license taxes collected by
these officers must be paid into the State Treasury as part of the State’s
revenue.45’
Since 1921 counties have received contributions from the State liquid
fuels tax fund. Prior to 1931 s-cent per gallon taxes for this fund was
credited to the counties for highway construction. Distributions were made
in direct ratio to the amount of the gasoline tax collection in the county
during the preceding year. 452 Each county now receives amounts in the
ratio that the average return to the county from the fund for the last 3 pre-
ceding years bears to the average amount returned to all counties during
the last 3 preceding years. The sinking fund commission may use the
county allotment from the liquid fuels tax to pay sinking fund charges on
all bonds issued or used for highway or bridge purposes.453
Fines, forfeited recognizances, and other forfeitures imposed in any
court are in most cases to be paid into the State Treasury according to
existing laws. Those which are not covered by these laws, and those col-
lected for the violation of ordinances, must be certified and sent by the
proper court to the oflice of the county commissioners together with the
judgment and orders of the court on all forfeited recognizances sued upon
in that court. All money thus collected must be paid to the county
treasury.464
The county receives and disburses certain funds for special purposes.
Under the provisions of the Federal Social Security Act, Federal grants-
in-aid are made available to the State for the care of neglected children in
rural areas ;458 for the aged ; ‘M for the blind ; 45’i for maternal and child
IuJ 1933 P.L. 252 sec. 6 am. 1933-34 (Sp. Sess.) P.L. 75 NO. 14 sec. 1; 1933 P.L. 25.2
am. 1935 P.L. 1247 further am. 1937 P.L. 1827 sec. 1.
*‘1885 P.L. 146 sec. 1.
Mo 1931 P.L. 497 sec. 7.
%‘1790, VIII St. at L. 486; 1893 P.L. 125 sec. 1.
‘@1921 P.L. 1021 sec. 2 rep. 1923 P.L. 834 sec. 12 but reen. as am. in sec. 9 rep. 1929
P.L. 1037 sec. 17 but reen. in sec. 10 rep. 1931 P.L. 149 sec. 25 but reen. in sec. 10 am.
1935 P.L. 412 sec. 1.
“* 1931 P.L. 149 sec. 10 am. 1935 P.L. 412 sec. 1 further am. 1939 P.L. 634.
m 1929 P.L. 1278 sec. 384.
a 1935, U, S. Stat. 620 ch. 531 Title V sec. 521 (a, b).
aa Ibid., Title I sec. 3 (a).
“‘Ibid., Title X sec.. 1001.
58 COUNTY GOVERNMENT
welfare ;rZa for crippled children ;jsO for vocational rehabilitation $O and
for public health work. 461 The State Council of Education is required to
“promptly invest . . . all receipts derived from or on the account of the
State Forest Reservations, all proceeds from the sales of real estate re-
ceived by the State Treasurer; together with all appropriations, devises,
gifts, and other receipts for this purpose, as a permanent State school fund,
whose income only may be expended.” This fund is intended to aid
financially distressed school districts.4G’ .Federal funds for the promotion
of vocational education are made available by the Smith-Hughes Law of
1917 and the George-Reed Act of 1929.4G3
In school districts of the second and third classes, school accounts are
audited by the controller or auditor of the municipality in which such dis-
trict is located, and by auditors in the townships and boroughs. In fourth-
class school districts accounts are audited by the auditors of boroughs and
townships in which such school district is located.4G4 Although the board
of county commissioners and the county treasurer keep accounts of the
county institution district, it is the county controller or auditors who must
audit these accounts just as they audit accounts of all other county funds.iea
Elections. The .Constitution of Pennsylvania establishes the following
qualifications for suffrage: the elector must be at least 21 years of age,
a citizen of the United States for at least a month, a resident of the State
of Pennsylvania for at least 1 year next preceding the date of election,
and of the election district where he proposes to vote for at least 2 months.
If a once qualified elector or native-born citizen has moved away from
the State and later returns, he is required to have been in residence in the
State for 6 months next preceding the election.““6 The qualifications of
‘“Ibid., Title V sec. 501.
“‘Ibid., sec. 511.
rra Ibid., sec. 531.
l ” Ibid., Title VI sec. 601.
4m Pennsylvania Department of Public Instruction, Biernzinl Report of .S‘zrf~vifrte~~dr~lt
of Public Instruction, 1938, p. 28, hereinafter cited as Biemial Report; 1911 P.L. 309
sec. 2701 am. 1915 P.L. 525 sec. 1 am. 1923 P.L. 143 sec. 1.
“‘Pennsylvania Department of Public Instruction, Oxe Hundred Years of Free
Public Schools ivt Pennsylvania, p. 2.5, hereinafter cited at Schools in Penmylvarzia.
‘81 1911 P.L. 309 sec. 2603 am. 1923 P.L. 949 No. 378 sec. 1 further am. 1925 P.L.
382 sec. 1 further am. 1933 P.L. 1152 sec. 13; 1911 P.L. 309 sec. 2604 am. 1933 P.L.
1152 sec. 14.
4ea 1937 P.L. 2017 sec. 310.
*88 Const., art. VIII, sec. 1 as am. 1901 and 1903; 1937 P.L. 1333 sec. 701.
GOVERNMENT ORGANIZATION 59
electors at primaries are the same as the qualifications of electors entitled
i
to vote at elections.467 As early as 1766 Pennsylvania adopted a tax pay-
ment qualification for suffrage, which requirement, however, no longer
obtains.468
Under the Duke of York and for many years thereafter, anyone pos-
sessing the necessary property qualifications to vote could do ~0.~‘” Ten
years before the Revolution, provisions were made for some control of
registration of voters. The commissioners provided the election officials
with a list of all persons subject to tax in each district. Elected inspectors
were authorized to administer oaths to those whose right to vote was
dubious. Tax lists were used as voting lists.470 Provisions were made for
marking the list to indicate the persons who had voted.471 After 1,840 the
regular assessors were required to prepare annually a register of voters,
and to check each household to see that the persons on the list actually
resided there and were entitled to vote.472 Because of the prevalence of
fraudulent voting, an act was passed in 1869 requiring local assessors to
compile registry lists which, when completed and revised, were sent to the
county commissioners. The commissioners placed these lists in alphabetical
order and furnished two copies of each to the election officers.irs After
1874 special registry assessors were elected to perform these duties.*‘*
“’ 1937 P.L. 1333 sec. 702.
*“‘Tanger and Alderfer, op. cit., p. 4; 1839 P.L. 519 sec. 65 rep. 1937 P.L. 1333
sec. 1901.
m Duke of York’s Book of Laws, March 1, 1664, in Charter to William Pem, p. 51;
Laws Agreed upon in England, May 5, 1682, in Charter to William Penn, p. 99, sets.
2, 3; The Body of Laws, December 7, 1682, in Charter to William Penn, p. 121 ch. LVII, LVIII ; 1700, II St. at L. 24 ch. XX >-III sec. ! ; 1705-6, II St. at L. 212 sec. 30.
“1766, VII St. at L. 32 sets. 5, 8; 1799, 3 Sm.L. 340 sets. 1, 9 rep. 1839 P.L. 519
sec. 174 reen. as am. in sets. 6, 19-21, 63-66, 98 rep. 1937 P.L. 1333 sec. 1901; 1803
P.L. 669, 4 Sm.L. 100 sec. 5 rep. 1839 P.L. 519 sec. 174; 1874 P.L. 44 sec. 3 rep. 1937
P.L. 1333 sec. 1901; 1893 P.L. 419 sec. 21 rep. 1937 P.L. 1333 sec. 1901.
“‘1799, 3 Sm.L. 340 sec. 9 rep. 1839 P.L. 519 sec. 174 but reen. as am. in sets. 6,
19-21, 63-66, 98 rep. 1937 P.L.. 1333 sec. 1901; 1803 P.L. 669, 4 Sm.L. 100 sec. 5 rep.
1839 P.L. 519 sec. 174; 1874 P.L. 44 sec. 3 rep. 1937 P.L. 1333 sec. 1901; 1893 P.L.
419 sec. 21 rep. 1937 P.L. 1333 sec. 1901.
‘n 1840 P.L. 683 sec. 3 rep. 1937 P.L. 1333 sec. 1901; 1874 P.L. 31 sets. 1, 2 am.
1891 P.L. 134 sets. 1, 2 further am. 1895 P.L. 75 sec. 1 further am. 1933-34 (Sp.
Sess.) P.L. 236 sees. 1, 2 rep. 1937 P.L. 487 sec. 46(2, 4, 7, 14).
*” 1869 P.L. 48 sets. 1-3; 1874 P.L. 31 sec. 1 am. 1891 P.L. 134 sec. 1 am. 1933-34
(Sp. Sess.) P.L. 236 sec. 1 rep. 1937 P.L. 487 sec. 46(2, 4, 7, 14).
“‘ 1874 P.L. 31 sec. 15 am. 1933-34 (Sp. Sess.) P.L. 236 sec. 5 rep. 1937 P.L. 487
sec. 46(b). The amendment of 1933-34 provided that in boroughs and townships con-
taining but one district, the tax assessor should act as registry assessor.
60 COUNTY GOVERNMENT
In 1906 a new system was introduced to apply to third-class cities only,
whereby electors were required to register annually in order to vote. Per-
sonal appearance of voters before registrars was the new feature in this
act. Voters were required to reappear and renew their registration each
year. The county commissioners were directed to appoint two registrars
for each election district within the city for the purpose of examining the
qualifications of voters in the primary and general elections.*” In the
boroughs and townships, however, the local assessors continued to operate
under the permanent and nonpersonal registration system in compiling the
original lists. A registration commission composed of the county commis-
sioners ex officio was created in 1935 to supervise the permanent personal
registration of electors of third-class cities and in 1937 the authority of
this commission was extended to the registration of electors in boroughs,
towns, and townships. Registration in various political subdivisions is
effected through clerks and inspectors appointed by the permanent regis-
tration comn&sion,47R
Under the present registration laws an elector who changes his resi-
dence must notify the registration commission of his removal 30 days be-
fore the primary or election, and transfer of the elector’s registration card
must be made by the commission. 477 In case an elector wishes to change
his political affiliation in order to vote at the primaries, notice must be sent
to the commission or to a local registrar and changes made in the register.4’R
The registration commission is further empowered to verify the registra-
tion in any election district. 478 All information pertaining to the qualifica-
tions of a particular voter and relevant changes made in the natural course
of events are carefully recorded. Once registered there is no need for re-
registration except upon failure to vote for 2 successive years.48o All in-
formation on electors thus obtained is eventually used by the county board
“’ 1906 (Sp. Sess.) P.L. 63 am. 1911 P.L. 1014 further am. 1921 P.L. 977 further
am. 1923 P.L. 148 rep. 1935 P.L. 478 No. 195 sec. 41. For a similar system in cities
of the first and second classes, see 1906 (Sp. Sess.) P.L. 49 am. 1911 P.L. 993 further
am. 1913 P.L. 249 No. 274 rep. 1913 P.L. 977 No. 452 sec. 19 reen. as am. in sets. l-18
rep. as to first-class cities 1919 P.L. 857 sec. 52 but reen. for first-class cities in sets.
l-51 rep. 1933-34 (Sp. Sess.) P.L. 140 sec. 45 and 1933-34 (Sp. Sess.) P.L. 250 sec. 44.
“‘1935 P.L. 478 No. 195 rep. and reen. in 1937 P.L. 849; 1937 P.L. 487.
4i’1937 P.L. 487 sets. 26(a), 27; 1937 P.L. 849 sec. 28.
“‘1937 P.L. 487 sec. 28; 1937 P.L. 849 sec. 29.
“’ 1937 P.L. 487 sec. 20; 1937 P. L. 849 sec. 31.
aa 1937 P.L. 487 sec. 19: 1937 P.L. 849 sec. 20.
1
1
) GOVERNMENT ORGANIZATION 61
of elections in determining whether there has been fraud in elections.4s1
The permanent registration commission has the power to hear and de-
termine questions of residence and appeals from rejected applications for
registration.4R2 The commission makes all rules and regulations neces-
sary to the efficient administration of its office.4”3
The qualifications of candidates seeking ofice are prescribed, by the
b constitution. No person may be appointed to any office within the county
i who has not been a citizen and an inhabitant therein for at least a year
before his appointment. 484 A candidate must also have been nominated in
the direct primary according to party rules and regulations.4s5 Before
1937 nomination petitions of candidates for county, loial, and party offices
were filed with the county commissioners,486 and thereafter with the county
board of elections, which is composed of the county commissioners
ex officio.487 With the adoption of the Uniform Primaries Act of 1906,
the local election boards were granted authority to conduct the primaries.488
In 1915 the county was made responsible for necessary expenses.4”g
Prior to 1937 matters relating to elections were in the hands of several
different county agencies. The courts played an important part in their
conduct, as evidenced by the records kept in the office of the prothonotary
and clerk of the quarter sessions. The sheriff and commissioners together
with various other local officers were also concerned with the elections.
The court of quarter sessions divided the county into election districts; 4oo
the sheriff announced the date and place of the proposed elections and the
offices to be filled.4g1 *The commissioners paid the expenses of elections,
provided supplies, prepared ballots, and were responsible for the pri-
“’ 1937 P.L. 1333 sec. 1404(b) .
“’ 1937 P.L. 487 sec. 23 ; 1937 P.L. 849 sec. 24.
* 1937 P.L. 487 sec. 4(a) ; 1937 P.L. 849 sec. 5(a).
uH Con&., art. XIV, sec. 3.
86Tanger and Alderfer, op. cit., pp. 21-32.
L86 Ibid., p. 25.
un1937 P.L. 1333 sec. 913.
-1906 P.L. 36 sets. 1, 7, 8 rep. 1913 P.L. 719zec. 25 but reen. in sets. 11, 12.
(88 1915 P.L. 538.
‘* 1739, IV St. at L. 331 sec. 1; 1854 P.L. 419 sec. 1 rep. 1937 P.L. 1333 sec. 1901.
“’ 1839 P.L. 519 sets. 38, 41; 1893 P.L. 419 sec. 9 am. 1897 P.L. 223 sec. 5 further
am. 1903 P.L. 338 sec. 1; 1893 P.L. 419 sec. 10 am. 1895 P.L. 392 sec. 1; all rep. 1937
P.L. 1333 sec. 1901.
62 COUNTY GOVERNMENT
maries.4Dz The court of common pleas acted as a return board in the gen-
eral elections.4D3 The courts had various duties in the matter of contested
elections.4D4 and in this connection the prothonotary and clerk of the court
of quarter sessions participated to a certain extent.40” In 1937 the need
for organization and coordination of these duties in the hands of one body
culminated in the establishment of a county board of elections.4D6
“’ 1839 P.L. 519‘sec. 93 am. 1840 P.L. 683 sec. 10 further am. 1895 P.L. 290 No. 206;
1840 P.L. 363 sec. 7 sup. 1893 P.L. 419 sec. 10 am. 1895 P.L. 392 sec. 1; 1840 P.L. 683
. see. sup. sec. sec. sec. 7 1893 P.L. 419 19; 1874 P.L. 31 22; 1876 P.L. 136 1; 1929 P.L.
549 sec. 4 am. 1931 P.L. 1185 sec. 3 further am. 1933 P.L. 846; 1891 P.L. 349 sets. 1,
13, 16, 19; 1893 P.L. 419 sets. 1, 13; 1893 P.L. 419 sec. 16 am. 1921 P.L. 1079; 1906
P.L. 36 rep. 1913 P.L. 719 sec. 25; 1913 P.L. 719 sec. 4 am. 1915 P.L. 1044 sec. 1;
1913 P.L. 719 sec. 9; 1913 P.L. 719 sec. 10 am. 1919 P.L. 839 sec. 2 further am. 1935
P.L. 74 sec. 1 further am. 1935 P.L. 74 sec. 1 further am. 1935 P.L. 83 sec. 3; 1913
P.L. 719 sec. 12; 1913 P.L. 719 sec. 14 am. 1919 P.L. 839 sec. 4 am. 1921 P.L. 669
sec. 1 further am. 1923 P.L. 293 sec. 1 further am. 1923 P.L. 920 sec. 1 further am. 1935
P.L. 74 sec. 2; 1913 P.L. 719 sec. 16; all rep. 1937 P.L. 1333 sec. 1901.
“‘1935 P.L. 246 sec. 1 rep. 1937 P.L. 1333 sec. 1901.
“‘1874 P.L. 208 sets. 5, 11, 16; 1906 P.L. 78 sets. 9, 10; 1913 P.L. 719 sec. 15 am.
1919 P.L. 839 sec. 5 further am. 1921 P.L. 1125 sec. 1; 1913 P.L. 719 sec. 20; all rep.
1937 P.L. 1333 sec. 1901.
‘= 1717, III St. at L. 175 (obsolete) 1799; 3 Sm.L. 340 13 1839 P.L. 519 ; sec. rep.
sec. 174; 1839 P.L. 519 sets. 84, 85; 1839 P.L. 559 sec. 3; 1840 P.L. 683 sec. 9; 1850
P.L. 654 sec. 2; 1864 P.L. 990 sets. 17, 18; 1874 P.L. 31 sets. 10, 13; 1874 P.L. 54
sec. 5; 1893 P.L. 419 sec. 3; 1897 P.L. 223 sec. 1; 1899 P.L. 127 sec. 1; 1899 P.L.
254 sec. 1; 1906 P.L. 78 sec. 6; 1909 P.L. 425 sec. 1; 1919 P.L. 438 sec. 2; 1919 P.L.
855 sec. 1; 1921 P.L. 423 sec. 3; 1923 P.L. 267 sec. 1; 1925 P.L. 103 sec. 1; 1927 P.L.
360 sec. 2; all 1937 P.L. 1333 sec. 1901. rep.
“1739, IV St. at L. 331 sec. 1; 1839 P.L. 519 sec. 93 am. 1840 P.L. 683 sec. 10
further am. 1895 P.L. 290 No. 206; 1839 P.L. 519 sets. 38, 41; 1840 P.L. 683 sec. 7
sup. 1893 P.L. 419 sec. 10 am. 1895 P.L. 392 sec. 1; 1840 P.L. 683 sec. 7 sup. 1893
P.L. 419 sec. 19; 1854 P.L. 419 sec. 1; 1874 P.L. 31 sec. 22; 1874 P.L. 208 sets. 5, 11,
16; 1876 P.L. 136 sec. 1; 1891 P.L. 349 sets. 1, 13, 16, 19; 1893 P.L. 419 SW.. 1, 13;
1893 P.L. 419 sec. 9 am. 1897 P.L. 223 sec. 5 further am. 1903 P.L. 338 sec. 1; 1893
P.L. 419 sec. 10 am. 1895 P.L. 392 set 1; 1893 P.L. 419 sec. 16 am. 1921 P.L. 1079;
1906 (Sp. Sess.) P.L. 36 rep. 1913 P.L. 719 sec. 25; 1906 (Sp. Sess.) P.L. 78 sets. 9,
10; 1913 P.L. 719 sec. 15 am. 1919 P.L. 839 sec. 5 further am. 1921 P.L. 1125 sec. 1;
1913 P.L. 719 sec. 20; 1913 P.L. 719 sec. 4 am. 1915 P.L. 1044 sec. 1; 1913 P.L. 719
sec. 10 am. 1919 P.L. 839 sec. 2 further am. 1935 P.L. 74 sec. 1 further am. 1935 P.L.
83 sec. 3; 1913 P.L. 719 sec. 12; 1913 P.L. 719 sec. 14 am. 1919 P.L. 839 sec. 4 further
am. 1921 P.L. 669 sec. 1 further am. 1923 P.L. 293 sec. 1 further am. 1923 P.L. 920
sec. 1 further am. 1935 P.L. 74 sec. 2; 1913 P.L. 719 sets. 9, 16; 1929 P.L. 549 sec. 4
am. 1931 P.L. 1185 sec. 3 further am. 1933 P.L. 846; 1935 P.L. 246 sec. 1. The act
of 1937 P.L. 1333 which set up the county board of elections repealed most of these
acts.
GOVERNMENT ORGANIZATION 63
All primaries and elections are conducted by ballot except in districts
in which vot’ing machines have been authorized. Prior to 1937 all ballots
were provided for and ordered printed by the county commissioners,407
and thereafter by the county board of elections.408 The Election Code
of 1937 requires that separate official ballots be prepared for the primaries,
the names of candidates being arranged under the title of the office for
which they are candidates. The order is determined by the casting of
lots.4”” In general, municipal, and special elections the names of the candi-
dates must be arranged under the title of the office for which they are
candidates, and they must be printed thereunder in the order of the votes
obtained by the presidential electors of the parties at the last presidential
election, beginning with the party obtaining the highest number of votes.50”
If voting machines are used the nam’es of the candidates must appear in
corresponding order.501
All regular elections are held on the Tuesday after the first Monday in
November. General elections at which National and State-wide officers
are voted upon, are held in even-numbered years; municipal elections at
which municipal and county officers, including district judges, are elected,
are held in odd-numbered years.“” Judges of the Superior and Supreme
courts may be chosen at either election. By a two-thirds vote the General
Assembly may change the election day but not the year.5o3
There are two regular direct primaries. The first is the spring primary
held in even-numbered years on the third Tuesday in May, except in years
of nominations for the Presidency, when it is held on the fourth Tuesday
in ApriLso The second is the fall primary held on the second Tuesday in
September of odd-numbered years. It is then that county, municipal, and
other local officers are nominated.505
When vacancies exist in the United States Senate and in the House of
Representatives, and for senator and representative in the General ,4s-
‘*’ 1799, 4 Dall. 332 sec. 6.
“* 1937 P.L. 1333 sec. 1001.
“’ Ibid., sec. 1002( a, b) .
OM 1937 P.L. 1333 sec. 1003(b, f).
““‘1937 P.L. 1333 sec. 1110.
wvz Conk, art. VIII, sec. 2 as am. 1909, sec. 3 as am. 1913 ; 1937 P.L. 1333 sets. 601,
602.
“‘“Tanger and Alderfer, op. cit., p. 39.
“@‘1937 P.L. 1333 sec. 603.
mZbid., sec. 604. Legislation in the 1945 session of the General Assembly moved
the date of this primary to late in the spring, in order to permit a count of the service
vote before the fall election.
64 COUNTY GOVERNMENT
sembly, special elections must be held so that the vacancy may be filled for
the unexpired term.So6
Each township and borough not divided into wards, and each ward of
every city, borough, and township, constitutes a separate election district.
The court of quarter sessions, however, is empowered to subdivide any
borough, township, or city ward into two or more election districts upon
receiving a petition by 20 registered electors or by the county board of
elections.50’
A cleavage exists in Pennsylvania between the county authority or
county board of elections and the precinct election officers. In 1799 the
latter were made elective officials and in 1839 provision was made for their
election on a bipartisan basis. The present constitution recognizes these
offices and their present duties are defined by the Election Code of 1937.608
All primaries and elections are conducted in each election district by the
local board, which consists of a judge of elections, a majority inspector of
elections, and a minority inspector, assisted by clerks, and, where voting
machines are used, by machine inspectors. Judges and inspectors are
elected biennially by the people of the election district.50” The board ap-
points the machine inspectors, and the majority and minority inspectors
appoint the clerks.510 In 1868 provision was made for the appointment by
the court of common pleas of two overseers belonging to opposite political
parties, upon petition of at least five citizens of the election district. This
method is still followed today. 511 A system of supervision of local elections
by watchers was established as early as 1891.G12 Under the present system
each candidate for nomination or election is entitled to two watchers in each
election district.sla
The duty of furnishing election districts with necessary polling places
devolved upon the county commissioners until 1937, when this was made
the responsibility of the county board of elections.614 Polling places must
5M1 Ibid., sets. 626-628.
MConst., art. VIII, sec. 11 as am, 1928; 1937 P.L. 1333 sets. 501-504.
‘08 Edward B. Logan, Supervision of the Conduct of Elections and Retwrs With
Special Referelzce to Pemsylvania, p. 4; 1937 P.L. 1333.
509 1937 P.L. 1333 sec. 401.
“‘Ibid., sec. 404.
‘11 1868 P.L. 30 sec. 9; 1937 P.L. 1333 sec. 415.
“* 1891 P.L. 349 sec. 24.’
‘la 1937 P.L. 1333 sec. 417(a).
‘I’ Ibid., sec. 302 (b) . .’
t I I GOVERNMENT ORGANIZATION 6.5
i consist of a single room and must be furnished with a guard rai1.“15 The
I
board is authorized to fix the compensation for rent, heat, light, and
janitorial services. 516 It has always been the duty of the local law enforce-
i ment officers, such as constables, police officers, and the sheriff or his
deputy, to maintain order at polling places.617
As early as 1813 a statute was enacted, permitting citizens of Pennsyl-
vania serving in the army to vote.s18 Since this section of the law was sub-
sequently declared unconstitutional, an amendment to the Constitution of
1838 was made and later embodied in the present constitution, permitting
citizens in military service under requisition of the President of the United
States or by the authority of the Commonwealth, to vote while absent from
their election districts. The Absentee Voters Act of 1923, permitting
others to vote while away from their voting districts, was declared uncon-
stitutional.619 In 1937, however, provision was again made for absentee
voting by persons in military service.62o
Before 1937 the returns of municipal and general elections were for-
warded by precinct election officers to the prothonotary, who presented
them to the court of common pleas. The judges computed the returns and G
gave certificates of election, under the seal of the court of common pleas,
to the proper persons.521 Upon the adoption of the uniform primaries
laws of 1906 and 1913, returns of primaries were directed to be sent to the
county commissioners, who computed the vote.622 The authority of the
court of common pleas and the county commissioners in this respect was
wholly ministerial since they. merely tabulated the returns as indicated on
the face of the precinct return sheets. Since the passage of the Election
Code of 1937, all returns in the municipal, general, and primary elections
must be sent to the county board of elections. At the close of the polls
the number of votes must be counted, certified, and signed by the judge
and inspectors. The county board of elections also computes and canvasses
‘I5 Ibid., sec. 530 (a).
“‘Ibid., sec. 531.
“‘1839 P.L. 519 sec. 111 rep. 1937 P.L. 1333 sec. 1901 but reen. in sec. 18’21.
m 1813, 6 Sm. L. 70 sup. 1 but reen. in sets. 1303-1333; 1839 P.L. 519 sets. 43-50
rep. 1937 P.L. 1333 sec. 1901.
‘18“Review of Absentee Voters’ Legislation in Pennsylvania,” Universify of Petiti-
sylvuniu Luw Review, LXX111 (1925), 176-181. See dso Const., art. VIII, sec. 6;
1923 P.L. 309 sec. 1-13.
B20 1937 P.L. 1333 WCS. 1301-1330.
“*Logan, op. cit., p. 60.
‘%1906 (Sp. Sess.) P.L. 36; 1913 P.L. 719 sec. 14.
66 COUNTY GOVEriNMENT
the returns ; its duties in this regard are elaborately outlined by statute
and designed to be an effective check on the returns as computed by the
local .election officers.623
Education. For the purpose of administering its public school system,
Pennsylvania is divided into school districts, which in most cases follow
city, borough, and township lines. These districts are divided into four
classes according to population. The Department of Public Instruction
supervises the school system. There is an elected board of school directors
in each district and it is this board which appoints the district superin-
tendent. County superintendents are elected for a 4-year term at meetings
attended by school directors of all districts having schools which come
under their superv.ision, The office expenses are paid by the county. The
county superintendent of schools, however, is not strictly a county officer,
but one who represents the State Department of Public Instruction and
whose salary is paid by the State.
Pennsylvania made an early start in the direction of the education of
its youth. The Dutch and Swedes who preceded the English were possibly
more interested in general education of the people than their immediate
successorssz4 No provision for free public schooling, however, was made
in their regime. Under the proprietary the county court. was instructed
to take care that “all persons . . . having children . . . shall cause such
to be instructed in reading and writing, so that they may be able to read
the Scriptures and to write by the time they attain to twelve years of age.”
At the same time reference was made to what we now describe as voca-
tional education in the following terms: “that then they be taught some
useful trade or skill, that the poor may work to live, and the rich, if they
become poor may not want.“526
The variances of language, religion, custom, and habits of the hetero-
geneous groups comprising the Pennsylvania colony at this time and other
obvious handicaps made it impossible to carry out these precepts.“’
Parochial and pay schools were established in some regions. These humble
schools were built and supported by contributions in most instances. In
the back country German was the language usually used and the variety
‘“1937 P.L. 1333 sets. 1310, 1401-1418.
m’S~ho~l~ in Pennsylvalcia, p. 9.
“‘Laws of the Assembly, March 10, 1683, in Chartel, fo William Perriz, p. 142; see
also ibid., pp. 95, 157, 238, 251.
“’ SChOOZS in PetwsyZwnia, p. 10.
GOVERNMENT ORGANIZATION 67
of subjects taught was limited. There were no academic standards for
teachers and their quality was, generally speaking, poor.B’i
In spite of these conditions the desire for education grew greater and
more general. After the Revolution there were organized efforts to pro-
vide for a free public school system. The Constitution of 1790 admon-
ished the legislature to effectuate a system for the instruction of the poor
throughout the State.s’8 In an act of 1809 the General Assembly directed
each county to provide free education for pauper children between 5 and
12 years of age. This “pauper” provision, however, made it practically
useless because many who could not afford to pay were still not willing to
declare themselves paupers. In 1831 a general system of education was
adopted by the legislature. A system of free public schools was established
shortly thereafter by the Free School Act of 1834 as amended the follow-
ing year. Its passage followed a long and bitter struggle. This law de-
clared every township, borough, and city a separate school district, and
provided for a local board of school directors for each district.6’Q In 1849
many of the permissive features of the act of 1834 became compulsory and
in 1895 the first compulsory attendance law was passed.
Although the public school system has always been an integral part of
State government, supervision between 1834 and 1854 was essentially a
local function. In 1834 the Secretary of the Commonwealth acted as
Superintendent of Common Schools. A law of 1843 made optional the
appointment by the school boards of an inspector of schools in each dis-
trict, to carry out the mandates of the local bodies.530 In 1854 a county
system of supervision was introduced when the office of county superin-
tendent of schools was established, to supersede the authority of the local
inspectors. It became the duty of the county superintendent to visit all
the schools of his county, to examine and certify teachers, and to see that
the curriculum prescribed by law and by local boards was followed.631
In 1857 a State Department of Education, which was later to become
the Department of Public Instruction, was created and a separate appointee
“‘Ibid., pp. 11-14.
628 Const. of 1790, art. VII, sets. 1, 2.
mSchools ifz Pennsylvania, pp. 1.5-18; Joseph J. McCadden, Educatiola AZ Pertnsyl-
vaniu, r80r-1835, and its Debt to Roberts Vaux, p. 109; 1831 P.L. 385 sec. 1; 1834
P.L. 170 sec. 1 supp. 1835 P.L. 365.
“‘Schools in Pennsylvania, p. 60.
651 Ibid.; 1854 P.L. 617 sec. 37.
68 COUNTY GOVERNMENT (
was named as Superintendent of Common Schools, the Secretary of the
Comnwnwealth being thus relieved from these duties.532 1 1
Restrictions were imposed upon the authority of the county superin-
tendent in 1567 when district superintendents were provided for in those
cities having a population of 10,000 or over. Twelve,years later 14 cities
had already elected district superintendents. By 1884 there were 42 such
cities, by 1934 there were 178, and today there are 1S2.533 To further
effectuate local administration, the appointment of supervising principals
by the board of school directors of any third- or fourth-class district was
authorized in 1901. This office continued to be under the direct supervision
of the county superintendent.634
The School Code of 1911 set up the present classification of school dis-
tricts. The city, borough, and township districts are now divided into four
classes based on population.535 There are at present a total of 2,550 school
districts in Pennsylvania ; of this number 2 belong to the first class, 20 to
the second class, 257 to the third class and 2,271 to the fourth class. Of
these totals all first and second-class districts, and 162 third-class districts
are under the dii-ect supervision of district superintendents. The remain-
ing third-class districts and all of the fourth-class districts of Pennsyl-
vania are under the direction of county superintendents acting through
supervising principals.
Before 1911 the county superintendent of schools was elected for a
3-year term at a meeting attended by school directors of all distrjcts under
his supervision. Thereafter his tenure was increased to 4 years.‘jse The
county superintendent may nominate assistants.53’ At present there are
80 assistant county superintendents in Pennsylvania.63s
The basic laws for the establishment of a free school system in Pennsyl-
vania had a numkx-ous offspring and formed the cornerstone for a
hierarchal educational development. The curriculum of schools began to
be definitely planned. New courses were added throughout the nineteenth
century. A growing consciousness of the need for the development of
WaConst., art. IV, sets. 1, 20; 1857 P.L. 263 rep. 1911 P.L. 309; 1911 P.L. 309.
sec. 1001.
m Schools itz Pennsylvania, p. 61; Penmylvawia Manual, 1939, p. 606.
““Schools itz Pemsylvania, p. 61; 1911 P.L. 309 sew 1214, 1215.
a1 1911 P.L. 309 sets. 101-105.
“* Ibid., sets. 1104, 1105 am. 19.23 P.L. 349 No. 222 sec. 1.
w 1911 P.L. 309 sec. 1126 am. 1921 P.L. 1078 sec. 1 reen. 1933 P.L. 1072 sec. 3 and
am. 1937 P.L. 2592 sec. 3.
m Pemtsylva&a Manual, 1939, p. 605.
GOVERNMENT ORGANIZATION : 69
higher or secondary education, for the development of special training
courses for special vocations and handicapped individuals soon followed
in the wake of the act of 1834.
The first high school to be established was the Central High School at
Philadelphia, founded in 1836. 53s A high school was established in Pitts-
burgh in 1849.s40 In 1855 a charter was granted to the “Farmer’s High
School,” which is now The Pennsylvania State College.5’1 But the gen-
eral establishment of public high schools other than these special “central
ones” was not extended until 1887 when legislation authorized high schools
for cities and boroughs which were divided into wards for school pur-
poses. 642 The law of 1893 amending the act of 1554, which was itself later
repealed, permitted the establishment of high schools in boroughs not di-
vided into wards for school purposes and having at least 5,000 popula-
tion.64” In 1895 provision was made for the establishment of high schools
in every district of the State and power was granted to the directors to
form “joint high schools.” 544
By the beginning of the twentieth century the high school had become
recognized to such an extent that when an act was passed providing for the
centralization of township schools the same act contained provisions for
the- establishment of township high schoo1s.545 The High School Act of
1905 required districts not maintaining a high school to pay the tuition of
their pupils in another district.54B The School Code of 1911, which re-
pealed all of these acts, made provision for a complete system of secondary
education and encompassed within its bounds all of the above provisions
in some slightly altered form. w Ten years later the junior high school
11’S 1836 P.L. 525 sec. 23.
‘* 1849 P.L. 528 sec. 17.
“’ Schools in Pennsylvania, p. 81.
&a 1887 P.L. 104 sec. 1. As late as 1860 there were only six public high schools in
the State.
“‘1854 P.L. 617; 1893 P.L. 146 rep. 1911 P.L. 309.
““1895 P.L. 413 sec. 1 rep. 1911 P.L. 309.
M6 1901 P.L. 105.
549 1905 P.L. 40 sec. 1 am. 1907 P.L. 202 sec. 1.
w 1911 P.L. 309 sec. 1701 am. 1921 P.L. 1036 sec. 1 further am. 1925 P.L. 166 sec. 1;
1911 P.L. 309 sec. 1702 rep. 1925 P.L. 166 sec. 3; 1911 P.L. 309 sets. 1704, 1705 am.
1921 P.L. 1036 sets. 2, 3; 1911 P.L. 309 sec. 1707 am. 1915 P.L. 672 further am. 1927
P.L. 689 No. 439; 1911 P.L. 309 sec. 1708 am. 1923 P.L. 455 No. 247 further am.
1925 P.L. 435 sec. 3; 1911 P.L. 309 sec. 1711 am. 1921 P.L. 1036 sec. 4; 1911 P.L.
309 sec. 1711(a) added 1931 P.L. 243 sec. 38 am. 1937 P.L. 564; 1911 P.L. 309 sets.
1703, 1706, 1709, 1710, 1712-1715; 1911 P.L. 309 sec. 1716 added 1925 P.L. 435 sec. 2.
70 COUNTY GOVERNMENT
was recognized as part of the secondary school scheme of the State.“4”
Vocational, industrial, and agricultural education in Pennsylvania was
first defined in 1913. Provision was made for the establishment and regu-
lation of vocational schools. Detailed rules for State and local adminis-
tration and control were included in this act.““” In the same year the legis-
lature made a sizable appropriation to develop and encourage this work.5Z*
At the next session of the legislature the Cdxe Child Labor Act provided
for the general continuation school.“‘l The Showalter Act of 1917 accepted
the provisions of the Federal Smith-Hughes Act granting Federal aid in
the promotion of vocational education. 552 This act was effective in further-
ing the vocational phase in the Pennsylvania educational program.
In order to meet the modern standards demanded for a successful pro-
gram of agricultural and home economics education, the Federal George-
Reed Act of 1929 provided additional funds for these purposes.B63 Addi-
tional Federal George-Reed funds appropriated singe 1937 have made pos-
sible the extension of county supervision in the fields of vocational agricul-
ture and home economics education: 554 The Division of ‘Agricultural Edu-
cation of the Bureau of Instruction is responsible for the administration
of the training of boys for the occupation of farming in the Pennsylvania
public schools. Vocational agriculture is taught in rural high schools and
is under the superirision of a county vocational education advisor. Similaily,
vocational home economics is taught in rural communities through the
services of the county home economics education advisor. Both advisors
are State employees.
A further effort to equalize public educational opportunity was the estab-
lishment of a program of extension education for out-of-school youth and
adults. In 1911 the General Assembly, recognizing a need for such a pro-
gram, gave it legislative sanction. Its purpose is not entirely vocational
training. It aims also at the correction of those handicaps which make it
difficult for individuals to adjust themselves to changing conditions. It
further aims toward the development of skills and the encouragement of
creative ability. An act passed in 1937 provided for courses in parent edu-
‘* 1911 P.L. 309 sec. 1701 am. 1921 P.L. 1036 sec. 1.
54D1913 P.L. 138.
6M 1913 P.L. 1249.
rs1 1915 P.L. 286.
m2 Schools in Pennsylvania, p. 25.
m Ibid.
w Biennial Report, p. 25.
GOVERfiMENT ORGANIZATION 71
cation, the most vital phase of which is the training of foreign-born parents
in American customs and civilization.6j6
The State plan for the 5-year period 1937 to 1942 contains two new
phases of vocational education: preparation for public service occupations
such as firemen, policemen, and tax collectors; and preparation of indi-
viduals in distributive occupations, in the fields of buying and selling.js6
After the passage of the Free School Act of 1834 single-room schools
were constructed in isolated areas because of the scattered population. The
expense entailed in operating these schools and the transportation difficul-
ties involved led to a movement to consolidate rural schools, which culmin-
ated in the passage of the act of 1901. This law provided for the con-
solidation of township schools, and the transporting of pupils to these
central schools at the expense of the district. This authority was reaffirmed
by the act of 1911 and encouraged by the act of 1919, which required
school directors to discontinue one-teacher schools having an average term
attendance of 10 or less, unless the State Council of Education permitted
their continuance. A further stimulus was provided in 1925 when the
State agreed to pay as much as 75 percent of the transportation costs of
these pupils. The State Council of Education has established standards for
motor vehicles transporting children and for stations in rural areas. In
connection with the establishment of consolidated schools, the. task of select-
ing sites, determining routes, and making contracts for transportation of
children is a function shared by the local district authorities and the county
board of school directors, an agency established in 1937.66’
The State Council has further developed a consolidation and transporta-
tion division, its major function being to promote more satisfactory schools
and attendance areas and more efficient units of school administration. The
major services of this division involve school mergers and consolidation
growing out of both internal and external reorganization and direct super-
vision of the development of adequate transportation facilities.55s
Pennsylvania has given an increasing amount of attention to the prob-
lem of education for the physically and mentally handicapped. Individuals
with a philanthropic trend of thought began to develop facilities to care
M6 1911 P.L. 309 sec. 1901 am. 1925 P.L. 159 sec. 1 further am. 1937 P.L. 599;‘1925
P.L. 492 sec. 2 am. 1937 P.L. 599. .
“’ Biemial Report, p 42.
6m 1901 P.L. 105 No. 77 sec. 1; 1911 P.L. 63 sec. 1; 1919 P.L 498 sets. 1-4 am.
1923 P.L. 463 sec. 1 further am. 1925 P.L. 634 sec. 4.
‘m Bienrtial Report, p. 76.
72 COUNTY GOVERNMENT
for these unfortunates and it was not long before the State began to par-
ticipate. Today we have, in addition to elementary, secondary, and voca-
tional schools operated by the school districts, numerous State-owned and
State-aided schools for the teaching of the crippled, the blind, and the
deaf. The Pennsylvania Institution for the Instruction of the Blind, in
Philadelphia, a private but State-aided institution, is maintained principally
for the training of blind children, as is the Western Pennsylvania School for
the Bli,nd at Pittsburgh. The Pennsylvania State Oral School for the
Deaf at Scranton and the Home for Training in Speech of Deaf Children
at Philadelphia, both State-owned, are intended for the instruction of deaf
-children. Other State-aided institutions are the Western Pennsylvania
School for the Deaf at Pittsburgh, and the Pennsylvania School for the
Deaf at Philadelphia.55Q
The School Code of 1911 provided that the State should pay for the
education of impecunious handicapped children between the ages of 8 and
16 outside the school district. This act was amended in 1919 to permit
the State to pay for readers for blind students in higher institutions of
learning. In 1925 the State was authorized to defray “necessary” expenses
of blind or deaf children in colleges and other schools.“Go
Specialized institutions operated by the State are such schools as the
Thaddeus Stevens Industrial School for indigent orphan boys between
16 and 18; the Pennsylvania State Oral School for the Deaf; the Penn-
sylvania Soldiers’ Orphan School Home; and the Pennsylvania State
Nautical School operating the schoolship Asznapolis for the education of
qualified Pennsylvania students in the science of seamanship, marine engi-
neering, and navigation.cG1
In addition to the above State-owned schools, Pennsylvania subsidizes
7 colleges and universities and 12 special schools, which provide training
in commerce, art, science, agriculture, and industry for people of all ages.6o2
When the Free School Act of 1834 was passed the majority of teachers
had completed only the upper grades of common schools. At that time
inspectors of school districts were empowered to adopt requirements for
“‘Schools ilz Pemsylvania, pp. 42, 43 ; Pennsylvania Department of Welfare, Had-
book of State Institutions, pp. 37-19.
m191l P.L. 309 sec. 1439; 1911 P.L. 309 sec. 1440 added 1917 P.L. 206 sec. 2 am.
1925 P.L. 74 sec. 1.
a’ Biennial Report, pp. 247-252. The State Nautical School was closed in February,
1942, because of war conditions.
w Ibid., p. 252.
GOVERNMENT ORGANIZATION 73
the certification of teachers. In 18.57 the Normal School Bill was passed,
dividing the State into 12 districts, subsequently increased to 14, in which
private normal schools might be established. In 1911 the State was author-
ized to purchase these institutions which, in 1926, were reorganized as
State Teachers Colleges giving a 4-year course. The present standard for
certification was adopted in 1937. Temporary certificates are granted to
elementary teachers after 3 years of training, and provisional college certifi-
cates after 4 years of preparation. Teachers in the secondary schools
must be graduates of an accredited 4-year institution, and possess pro-
visional college certificates. The certification of teachers under the present
school law is effected through the State Office of Teacher Education and
Certification and in case of emergency by the county or district superin-
tendents.6R3 The Placement Service of the State Office of Teacher Educa-
tion and Certification assists local school districts so that they may secure
qualified teachers. Many school districts rely on commercial agencies for
lists of teachers.664
As the educational needs of Pennsylvania were recognized from time
to time, the need for funds with whicli to support each new educational
attempt grew greater. The transition from support by voluntary contribu-
tion to taxation to pay for the education of the poor at public expense was
fairly rapid. With the passage of each new provision for the payment of
taxes throughout the State, some provision was made relative to school
taxes. The school revenue system as it exists today may be summarized
in the following manner : In school districts of the third and fourth classes
taxes are levied and assessed on property taxable for county purposes by
the district school boards.“B5 In addition, there is a per capita tax ranging
from one to five dollars as the directors may determine, on every resident
in the district over 21 years of age. 66e Financially distressed districts may 0 receive aid from the school fund. The State has always paid the minimum
salary of the county superintendent and a specified percentage of the trans-
portation of children; and has provided subsidies, stimulated by Federal
grants, for training of a specialized nature as has already been indicated.s5T
Public Health, Planning, and Recreation. The need for a program of
public health was felt early in Pennsylvania history but it did not take an
683 Ibid., p. 17; Schools in Pevmsylvavcia, pp. 32-36.
KB1 Biennial Report, p. 133.
m 1911 P.L. 309 540 1923 P.L. sec. am. 102 sec. 1.
6w 1911 P.L. 309 542 1919 P.L. sec. am. 997 sec. 1 further am. 1921 P.L. 508 sec. 4.
661 Schools in &‘ennsylvania, 72-75. pp.
74 COUNTY GOVERNMENT ’
organized form until the State Department of Health was set up in 1905.668
This Department superseded the State Board of Health with largely in-
creased powers. The act of 1905 was modified somewhat by the County
Code of 1929. Full executive control of .the Department is now under the
Secretary of Health who is appointed by the Governor, subject to the State
Senate’s approval, for a term of 4 years. The Department of Health must
enforce all statutes relating to public health and all rules and regulations
of its advisory board relating to general sanitation, public water supplies,
water pollution, sewage disposal, public health nuisances, communicable
diseases, handling and distribution of milk, and narcotic drugs.“GD The
county system of administration is utilized to do this work although the
agents of the Department are paid by the State. Counties are combined into
districts, in some instances, and these districts are under the control of full-
time district medical officers. Armstrong, Indiana, and Jefferson counties
constitute one district under the control of such an officer; Luzerne alone
constitutes a district under another such officer; Greene and Washington
counties form another district ; and Bucks and Montgomery, a fourth dis-
trict. Fifty-six counties are under the direction of part-time medical
officers.670 The county commissioners have the implied power to appoint
county health officers,“71 but in general it may be said that the counties are
not very active in health work. Actually the work of the State Depart-
ment of Health is administered directly in townships of the second class,
and indirectly through the local boards of health in cities, boroughs, and
townships of the first class. 672 Much of this work has been made possible
through funds provided by the Federal Social Security Act.673
The activity of the counties in tuberculosis prevention and cure has been
negligible in most cases in spite of the fact that legislation has attempted on
several occasions to encourage their cooperation in this matter. In 1911
the poor directors were authorized to acquire land for the erection of
tuberculosis sanatoria and hospitals.674 When the general poor relief act
688 1905 P.L. 312.
“‘Pennsylvania Manual, 1939, pp. 543-546.
‘lo Ibid., pp. 653, 654.
ST1 1929 P.L. 1278 sec. 447. This section authorizes’ the commissioners to appropriate
money for the protection of “health, cleanliness, convenience, comfort, and safety of
the people of the county.”
52 Pennsylvania Manual, 1939, p. 543.
‘* Neva R. Deardorff, Child Welfare Conditions arcd Resources ix Seven Pennsyl-
valtia Counties, p. 66.
F’41911 P.L. 1111 No. 836: The plans for these hospitals were to be approved by
the State Department of Health
GOVERNMENT ORGANIZATION 75
was passed 14 years later, these provisions were reiterated, but repealed in
1937 when the county institution district was established.“‘”
The board of county commissioners had. been authorized to establish
tuberculosis hospitals if the voters should elect to have them do ~0.“~ The
act containing this authority was found to be inconsistent with the consti-
tution insofar as it delegated the management of such hospitals to a board
of trustees. In 1925 the law was repealed and corrected. The management
of tuberculosis hospitals was placed in the hands of the county commission-
ers and an advisory board appointed by the court of common pleas “’ and
consisting of five members. Failing any action on the part of the county,
the State’s Bureau of Tuberculosis Control operates within the county.
In 1939 this bureau created a division of Tuberculosis Clinics and Survey.5’”
Under the Mental Health Act of 1923 the maintenance and care of
indigent insane including epileptics, inebriates, and mental defectives are
the primary responsibility of the Commonwealth, although provision is also
made for their support by their families and the county.“‘O Many State
institutions to meet the needs of this group have been developed since the -
beginning of the century. The act of 1937 provides for payment- by the
county institution district for mental defectives and other public charges
placed in institutions.““0 By virtue of legislative authority the State is re-
sponsible for the maintenance and care of crippled children. Before 1938
this responsibility was shared by the State and county, the former paying
for their support, the latter for their clothing.58’
The county commissioners may construct hospitals for contagious dis-
eases 582 and hospitals for women suffering from nervous diseases.sY3 They
may appropriate money to promote general health activities,5”4 to suppress
animal and plant diseases in cooperation with the State Department of
“’ 1925 P.L. 762 sets. 1200-1203 rep. 1937 P.L. 2017 sec. 702.
6ie 1921 P.L. 944.
““1925 P.L. 65 sets. 3-5. See Const., art. III, sec. 20. The County Code of 1929
P.L. 1278 rep. this act of 1925 in sec. 1051 but reen. it in sets. 622-633.
6’S Pennsyhania ~antd, I939, p. 545.
“‘“1923 P.L. 998 sets. 311, 312, 315, 316 am. 1937 P.L. 973 further am. 1938 (Sp.
Sess.) P.L. 63 sec. 1; 1923 P.L. 998 sets. 313, 314.
68o 1937 P.L. 2017 sec. 401(e).
m1 1923 P.L. 677 No. 276 sec. 1.
=* 1929 P.L. 1278 sec. 617.
683 1929 P.L. 38 sets. l-4.
w 1929 P.L. 1278 sec. 447.
76 COUNTY GOVERNMENT
Agriculture,686 and to support nonsectarian hospitals within the county’s
limits and those outside of the county giving aid to people in the county.6se
In addition to the above services, local city, borough, and first class town-
ship health officers or boards under the general supervision of the State
Department of Health are active in the prevention of contagious diseases
and in enforcing local health mandates. The county or district medical in-
spector, appointed and paid by the State Department of Health, in addition
to correcting oversights of local health authorities in the control of con-
tagious diseases, is active in conducting medical inspection in rural
sdhools.68T In 1939 the duties of the county medical inspector were ex-
tended when he was required to investigate and provide for the care of
children reported born with inflammation of the eyes, and to make reports
containing details of such cases to the State Department of Health.688 In
all school districts containing a population of 5,000 or more, annual medical
inspection is conducted by medical inspectors appointed by local school
boards. The School Medical Inspection Division is responsible for the
physical examination of school children in fourth-class districts, school
sanitation, enforcement of the vaccination law, and the supervision of
medical inspection in first, second, and third-class districts. All of this work
must be conducted according to standards prescribed by the Secretary
of Health.68Q
The Bureau of Public Health Nursing cooperates with the work of the
tuberculosis, venereal diseases, and child health clinics, supervises medical
school examiners in fourth-class districts, and conducts a follow-up pro-
gram for the correction of defects.600
Included in the program for furthering public health is authorization
for appointment by the county commissioners of a mosquito extermination
commission. This appointment may be made only after a petition to the
county commissioners has been followed by a favorable vote. The board
consists of five members who serve for a term of 5 years.5D1 Most counties
have not yet availed themselves of this privilege because they have felt no
need for it. But in those counties which have done so a great deal has been
“‘1935 P.L. 641.
1196 Ibid., sec. 446; 1935 P.L. 226 sec. 1.
me 1929 P.L. 1278 sec. 441 am. 1931 P.L. 401 sec. 1.
@’ Deardorff, op. cit., p. 47.
m 1913 P.L. 443 sets. 2-4, 6 am. 1939 P.L. 363.
mBp 1911 P.L. 309 sec. 1501 am. 1919 P.L. 572 sec. 1 and 1919 P.L. 997 sec. 2 further
am. 1921 P.L. 939 No. 329 sec. 1.
‘* PewsyluaRia Manual, 1939, p. 545.
GOVERNMENT ORGANIZATION 77
accomplished toward health promotion by the elimination of breeding places
of these dangerous pests.
Since 1937 the county commissioners of all counties have been permitted
to appoint a planning commission, consisting of nine members, to make
recommendations for the location of public buildings, streets, railways, and
playgrounds, and for the use of land in the future.6Q2 In order to promote
the health, safety, welfare, and general prosperity of the people the cpunty
commissioners may pass zoning ordinances and appoint a zoning commis-
sion to enforce them and a board of. zoning adjustment.suY In counties
where there is already a planning commission the county commissioners
may request it to do this work.6s4
A great need for park and recreation facilities was recognized by legis-
lation more than 20 years ago. In 1919 authority was granted to county
commissioners to designate parks, playfields, and indoor recreational facili-
ties.5Q3 To build and maintain facilities of this kind the commissioners may
vest the necessary authority in an existing body of the proper .nature or
appoint a recreation board consisting of five members to serve for a term
of 5 years.
Y&J Statistics. The Bureau of Vital Statistics collects all data on births,
deaths, and marriages throughout the State through the efforts of ap-
proximately 750 local registrars who are paid by the counties on a fee
basis.Gga The history of the collection of vital statistics in Pennsylvania
before the State assumed the responsibility is very lean. It is true, how-
ever, that the different laws governing the territory and later the Common-
wealth, sometimes made brief provisions for this work. The Duke of
York’s Laws contained a provision for the minister or town clerk of every
parish to record all births, marriages, and burials.8s7 Under the Laws
Agreed upon in England there was to be a register for births, burials, and
marriages.““s This provision was repeated in the Great Body of Laws
“* 1937 P.L. 2124. Before 1937 planning commissions were permitted in counties of
the second class only. See 1923 P.L. 131 supp. 1925 P.L. 114 rep. 1929 P.L. 1278
sec. 1051 but reen. in sets. 501-506.
=1929 P.L. 1278 sets. 410, 510.1, 510.2, 510.7, 510.10 added 1937 P.L. 2129.
8M 1929 P.L. 1278 sec. 510.2 added 1937 P.L. 2129.
“86 1919 P.L. 784 No. 322 sets. 1, 2 am. 1921 P.L. 484 sets. 1, 2 further am. 1927 P.L.
56 sets. l-3 rep. 1929 P.L. 1278 sec. 1051 but reen. in sets. 650, 651 am. 1935 P.L. 46
sets. 1, 2.
‘WPennsy/vania &fattUUl, I939, p. 54.5.
swDuke of York’s Laws in Charter fo William Penq pp. 13, 14.
5ssLaws Agreed upon in England, April 10, 1682, in Charter to Willkam Pew, p. 101.
78 COUNTY GOVERNMENT
passed the same year.‘9” Acts passed in 1683 and 1684 required certificates
of marriage to be registered ‘O” and another act passed in 1690 required
religious societies to keep a registry of marriages, births, and burials.BO’
Throughout the eighteenth century and the early part of the nineteenth
century only a few acts related to vital statistics.
From 1852 until 1855 it was the duty of the register, of wills to keep
separate books and indexes for recording marriages, births, and deaths
occurring within the county. Oo2 In 1885 this responsibility was shifted to
the State Board of Health which was authorized to receive communica-
tions of vital statistics from local health officers.Go3 In 1905 a State Board
of Health and Vital Statistics was required to have charge of the registra-
tion of births and deaths only. (104 In the same act a Central Bureau of Vital
Statistics &as to be set up under the direction of the State Registrar of
Vital Statistics who was appointed by the Board.Go” The State was to be
divided into districts, each city, borough, and township being a primary
district, and the board was to appoint a local registrar for each district.FoF
Another act passed in the same year provided that the State Board of
Health should be replaced by a Department of Health consisting of an
advisory board and a Commissioner of Health,607 who was to have general
supervision over the registration of births, deaths, marriages, diseases, prac-
titioners of medicine, surgery, midwives, nurses, undertakers, and veter-
inarians. Oo8 The commissioner was to cause their registration in the Rureau
of Vital Statistics.60D He was empowered to divide the State into 10 dis-
tricts and appoint a health officer for each one.‘lO The passage of the act of
1915 and the more recent changes made in State administration have greatly
affected the technique of compilation of vital statistics throughout the State.
The Commissioner of Health has been replaced by a Secretary of Health
“‘The Great Law or the Body of Laws, December 10, 1682, in Charter to W’illk
~Peltn, p. 119.
WLaws of the Assembly, March 10, 1683, and May 10, 1684, in Cknvter to J&W~U?I%
Pelzn, pp. 151, 171.
*ILaws of the Assembly, 1690, in C/tarter to William Perlrt, p. 229.
g”*1852 P.L. 2 sec. 1 rep. 1855 P.L. 4.
“‘1885 P.L. 56 sets. 1, 7.
w19OS P.L. 330 sec. 1.
*‘Ibid., sec. 2.
wB Ibid., sets. 3, 4.
‘“‘1905 P.L. 312 sec. 1.
B(iB Ibid., sec. 10.
-Ibid.
a’ Ibid., sec. 11.
GOVERNMENT ORGANIZATION 79
and the Bureau of Vital Statistics has been abolished as an independent
agency.“’ To effect proper control over the registration of births, deaths,
marriages, and cases of communicable disease the acts of 1915 and 1921612
declared that each city, borough, and township shall constitute a primary
registration district but two or more primary registration districts may be
united into one registration district. The Secretary-of Health has divided
the State into approximately 750 registration districts, each of which is
under the direct supervision of the local registrar, appointed by him for
I a l-year term.
/
The local registrar is required to issue burial permits to undertakers
after a certificate of death has been filed with him ; to register births, still-
births, and deaths as certified by attending physicians ; to notify local health
officers of deaths occurring without medical attendance as reported by
undertakers; and in case of suspicious circumstances to refer the case to
the coroner for his investigation and certnication; and to keep a register
of physicians, midwives, and undertakers. ‘Is He is further required to re-
port weekly the deaths of residents in his districts to the county registration
commission.s’4 All blanks and forms are supplied by the State Registrar of
Vital Statistics. The United States Bureau of Census supplies envelopes
bearing the franking privilege.‘16
The local registrar is required to make a duplicate of each birth and death
certificate registered by him, which must be preserved in his office as a local
record. Once a month he must send all original certificates registered by
I him during the preceding month to the State Registrar of Vital Statistics.610
Each registrar is entitled .to receive a fee of 50 cents for each certificate
i registered with him, which is paid by the county treasurer after proper
certification is made by the State Registrar.617 Certified copies of birth
and death certificates from January 1, 1906, may be obtained at the
Bureau of Vital Statistics in Harrisburg. A fee of 50 cents is charged for
each search, and a fee of $1 for each issuance of a certified copy. The fees
BU 1915 P.L. 900 sees. 1-4; 1923 P.L. 498 sec. 2; 1927 P.L. 207 sec. 2. The duties of
the Bureau of Vital Statistics were taken over by the Department of Health, and a
- similar bureau was set up in that department.
‘“1915 P.L. 900 sets. 1, 3, 4; 1915 P.L. 900 sec. 2 am. 1921 P.L. 181 sec. 1.
aa 1915 P.L. 900 sets. 5-9, 12, 16.
OI’ 1935 P.L. 478 No. 195 sec. 26 ; 1937 P.L. 487 sec. 29 (a) ; 1937 P.L. 849 sec. 30 (a).
“’ Pennsylvania Department of Health, Pemzsylvania Department of Health; Organi-
zation and Functions, p. 22, hereinafter cited as Organization and Functions, Healtk
Department.
61e 1915 P.L. 900 sec. 19.
“‘Ibid., sec. 20 am. 1921 P.L. 181 sec. 3 ; further am. 1927 P.L. 857 No, 434.
80 COUNTY GOVERNMENT
are remitted to the State Department of Revenue and in turn to the State
Treasury.g’8
Public Welfare. Care of the poor was considered a local governmental
liability as early as the regime of the Duke of York. First it was purely a
township matter ; later it was considered the joint responsibility of the sev-
eral towns in each riding. a1Q Under the proprietary, aid to the poor was at
first completely a county function, the justices of the peace being given the
power to determine whether individual applicants for aid were worthy
thereof.62” In 1683 provision was made to a small degree for the education
of indigent children.‘jzl Within the next ten-year period the office of over-
seers of the poor had been established and they performed their duties in
conjunction with the justices of the peace .822 The first poor relief law apply-
ing throughout the Province was passed in 1706 and was of long lasting
effectBz3 The counties’ duties respecting the poor were transferred to the
townships and placed in the hands of overseers, who were first appointed
by the justices of the peace 624 and later elected directly by the people.c25
The township unit began to give way to the county unit of poor relief in
some instances where special legislation was passed to effect this difference.
‘18 Organimtios and Functions, Health Debartmerrt, p. 22.
“‘Duke of York’s Book of Laws, March 1, 1664, in Charter to William Pews,
pp. 58, 64.
“%The Great Law, December 7, 1682, ch. XXX11 in Charter to William Penrr,
p. 115; 1705-6, II St. at L. 251 sec..7 rep. 1771, VIII St. at L. 75 sec. 30 but men. in
sec. 9 sup. 1836 P.L. 539 sec. 6 rep. 1925 P.L. 762 sec. 2.
811 Laws of the ‘4ssembIy, March 10, 1683, ch. CXII in Charter to William Penn,
p. 142.
BZZLaws of the Assembly, May 15, June 1, 1693, in Charter fo William Penn, p. 233,
sec. 17; 1700, II St. at L. 34 sec. 4.
m 1705-6, II St. at L. 251 rep. 1771, VIII St. at L. 75 sec. 30 but reen. as am. in
sets. 1-29 rep. 1937 P.L. 2017 sec. 702.
“‘1705-6, II St. at L. 251 sets. 1, 2 rep. 1771, VIII St. at L. 75 sec. 30 but reen.
and am. in sets. 1, 4, 6, 7 rep. 1937 P.L. 2017 sec. 702.
616 1809, XVIII St. at L. 969 sec. 1 provided that overseers of the poor be chosen in
the same manner as road supervisors who were made elective 1802, 3 Sm.L. 512 sec. 2;
1834 P.L. 537,secs. PO, 94 abolished the office of township overseers of the poor and
required that the overseers’ duties be assumed by the supervisors of highways. HOW- -
ever, 1835 P.L. 45 sec. 9 rep. these provisions and re-established the office of overseer
of the poor except in Erie, Franklin, Venango, Wayne, Warren, Susquehanna, Brad-
ford, Tiog;r, and Luzerne Counties; 1881 P.L. 120 sec. 1 am. 1883 P.L. 66 required that
two overseers of the poor be elected in all townships where the care of the poor
remained a township function. The borough law of 1834 P.L. 163 sec. 5 provided for
the election of overseers for boroughs. See also acts of 1893 P.L. 335 sec. 9 am. 1897
P.L. 88 sec. 1 rep. 1937 P.L. 2017 sec. 702; 1903 P.L. 246.
GOVERNMENT ORGANIZATION 81
Other counties, on the other hand, continued to follow the township or
municipal system until 1938. In those counties where the county system
had been adopted the general practice was to elect three poor directors for
a term of 3 years while overseers of the poor were abolished.626 Combina-
tions of these two systems were sometimes adopted as another method,
resulting in complex structures such as mixed districts. Still other practices
resembled that adopted in 1851 for Crawford County in which the county
unit system was adopted, the county commissioners serving in ex officio
capacity as poor directors.O”’ A general poor law of 1879 made it possible
for many other counties.to adopt this same system. An act of 1925 recog-
nized the county unit as the rule rather than the exceptioqGz8 and it was
then an easy step to the present system put into operation in 1937.62”
As already indicated, during the early years of the history of Pennsyl-
vania ordinary poor relief was administered in the townships and boroughs
by local overseers appointed by the justices of the peace until 1803, and
thereafter elected.F30 Under the provisions of numerous acts, two methods
of poor relief were then provided for the care of all classes of indigent
people. In the first place, outdoor relief might be authorized by township
overseers in the form of orders for food, rent, clothing, and fuel; in the
second place indigent persons, including children, might be indentured by
contract.031 This procedure prevailed until institutional care of indoor relief
was provided for as a supplement to the outdoor and contract methods.
Almshouses were established in all but eight counties.B32 County autonomy
over poor relief was established by the act of 1937 at which time general
control over this function was lodged in the newly created county institution
district composed of the county commissioners ex officio, who replaced the
former poor authorities. 633 All local poor districts were abolished and the
Department of Public Assistance of the Commonwealth made responsible
for the administration of all outdoor direct relief through county boards of
assistance for local administration.
A second line of development was indicated in 1913 when categorical
relief was provided for special groups, providing counties agreed to par-
w” 1798, XVI St. at L: 15.
c’l’ 1851 P.L. 715.
r38 1925 P.L. 762 rep. 1937 P.L. 2017 sec. 702.
“’ 1937 P.L. 2017 sets. 105, 301, 302, 601-605, 701.
“” 1809, 5 Sm.L. 18.
a?’ 1705, II St. at L. 251 sets. 1, 2, 6.
=‘See list of Poor Houses in Pennsylvania, kjr~., pp. 00-00.
813 1937 P.L. 2017.
82 COUNTY GOVERNMENT
ticipate in State programs. This was first granted in the form 01 mothers’
assistance, in which program the commissioners of different counties agreed
to participate at different times, whereupon the Governor appointed a
mothers’ assistance board to administer the funds.““d In 1934 the scope of
categorical relief was extended to include old age “’ and blind assistance.““”
In that year the State enacted appropriate legislation in order to benefit
by the grant-in-aid provisions of the Federal Social Security Act. *he
mothers’ assistance board was replaced by the county assistance board in
1937. In this board today is centralized the administration o$ old age,
blind, and mothers’ assistance fund work, previously performed by the
mothers assistance board, as well as outdoor relief, formerly exercised by
the board of poor directors,03’ and unemployment insurance.
A service made possible through the welfare provisions of the Social
Security Act is the extension unit for child welfare service in areas pre-
dominantly rural. This service operates as a unit of the Pennsylvania
State Department of Welfare, which is active in developing a program of
social service for children needing institutional care in various children’s
homes, or boarding in private homes.
Another form of public relief is veterans’ relief which, in Pennsyl-
vania, is handled by the State Veterans’ Commission in the Department
of Military Affairs. This commission originated in 1929 and operates
through local veterans’ organizations in.disbursing State funds.038 Special
State pension funds for disabled Revolutionary War veterans and their
widows were provided for as early as 1813,63D and payments made by the
county treasurer from State funds in his hands were authorized in 1834.64”
These provisions were extended to include Civil War veterans in 1865.“”
The administration of State institutional relief is handled by the Penn-
sylvania State Department of’ Welfare. Furthermore, State adminis-
trative control over county institutions is centered in this Department. Com-
mitment or admission to State institutions is accomplished by applying to
the court of common pleas. The transportation and maintenance of insane
Bp* 1913 P.L. 118 sec. 2 am. 1915 P.L. 1038 rep. 1919 P.L. 893 sec. 19 but reen. in sets.
1-18; 1919 P.L. 907.
895 1934 (Sp. Sess.) P.L. ‘282 rep. 1936 (Sp. Sess.) P.L. 28 sec. 25 but reen. in sec. I
“‘1934 (Sp. Sess.) P.L. 246 rep. 1935 P.L. 621 No. 220 sec. 16 but reen. in se’c. 1
bli 1937 P.L. 2051 sets. 2, 3.
ws 1929 P.L. 177 sec. 203 am. 1931 6.L. 350 sec. 1; 1929 P.L. 177 sets. 1403, 1411
6’S 1813, 6 Sm.L. 27 sec. 1.
6H) 1834 P.L. 290 sec. 1.
@’ 1865 P.L. 52 No. 37 sec. 1.
GOVERNMENT ORGANIZATION 83
and indigent persons and juveniles of the dependent and delinquent classes
committed by the court are the responsibility of the county institution
district.s42 On the other hand, children between the ages of 6 and 21,
sent to State schools for the deaf and blind, are the joint responsibility
of the school district of which the child is a resident and of the Common-
wealth. The school district must pay 25 percent of the cost of tuition and
maintenance while the State must contribute 75 percent.643
Ptsblic Works. Since 1771 the construction of public roads and bridges
has been primarily a township function 044 although in recent years local
authority has been supplemented by county and State aid. Municipal
authorities may levy an annual road tax and may divide the township into
appropriate road districts. County aid has been authorized for the con-
struction and improvement Of State highways, State-aided, and other high-
ways; for land damages to owners of private property confiscated in the
construction, widening, and changing of grades for State highways and
State-aided highways ; for the construction, repair, and maintenance of
bridges, and causeways and embankments for bridges; and for sidewalk
ccmstruction.B4”
Legislation au’thorizing county aid to the municipalities in building roads
and bridges existed prior to 1900, but present procedures are defined by
the act of 1919 and the County Code adopted in 1929, which revises,
amends, and consolidates earlier legislation and subsequent acts. The act
of 1919 authorizes the county to expend money and incur indebtedness to
pay for the improvements of any State highway, State-aid highway, or
any other highway located within the township, upon petition of the town-
ship officials to the county commissioners. 646 The provisions of this act
were extended to include boroughs in 1921 and cities in 1929. In 1935
the county commissioners were again authorized to make appropriations
for the improvement of State highways, provided that the State Highway
Department approved the project. 647 County aid in the payment of land
damages for State highway purposes was extended to boroughs in 1929
em County Ilzstitvhon District, p. 7.
Ms 1911 P.L. 309 1413 sec. am. 1919 P.L. 1090 further 1925 am. P.L. 70.
a44 1771-72, VIII St. L. at 185.
“’ Pennsylvania Local Government Commission, PewzsyEzkn Stafe-Local Relatiorrs
iv& Roads, Tax Abatement, and Gasoline Tax Distribvttion, pp. 73, 74, hereinafter cited
as State-Local Rehtions.
M81917 P.L. 10 rep. 1919 P.L. 450 sec. 2; 1919 P.L. 450 sec. 1 am. 1921 P.L. 26
further am. 1929 P.L. 1651.
w 1935 P.L. 803 1. sec.
4
84 COUNTY GOVERNMENT
as it had formerly been extended to townships, but the county commis-
sioners were required first to enter into an agreement with property owners
as to the amount of damages to be paid before the State Highway Depart-
ment could proceed with the work.8*”
The county commissioners may enter into contract with local corporate
authorities to improve certain municipal streets. The county may agree
to pay the total cost or the cost may, on agreement, be divided between the
county and the municipality.04Q Under other conditions the county may
agre6 to aid municipalities and special provisions require the sharing ot
costs of construction.0”0
The board of county commissioners may adopt a system of highways
based on population needs for the county, and may, with the approval of
the grand jury arid the court of quarter sessions, take over exclusive con-
trol of any public road. Furthermore, they may open new highways, but
these must be maintained by local authorities. 551 The county may authorize
the construction of guard rails where a township road borders the edge of a
precipice if the expense is too great for the township to bear,652 and the
county may condemn land and widen sidewalks where replacement is neces-
sary owing to State highway construction.663
The county is given similar optional authority to aid municipalities in
building a new bridge or in improving an old one over waterways or rail-
roads, in which case a petition of municipal authorities or citizens must
be submitted to the court of quarter sessions. If the court, grand jury,
and county commissioners consider the bridge to be necessary, on the
basis of a report of the board of viewers, the bridge may, at the discretion
of the county commissioners, be entered as a county bridge.s54 Similarly,
the county commissioners may authorize the building of causeways, and
embankments, and may enter them as a county improvement.655 Bridges
built by boroughs or townships may be given to the county free of charge,
in which case the county commissioners must thereafter maintain and
keep them in repair. GE6 In 1929 the General Assembly made it easier for
84s 1929 P.L. 1596.
R1s 1929 P.L. 1278 sets. 951-55.
(ilo Ibid., sets. 959-963, 965.
861 Ibid., sets. 891, 892.
aa Ibid., sec. 964.
Oaa 1919 P.L. 450 sec. 1 am. 1929 P.L. 1651 sec. 1 further am. 1935 P.L. 803 sec. 1.
BM 1929 P.L. 1278 sets. 751, 755, 757.
“’ Ibid., sec. 754.
mB Ibid., sec. 758.
GOVERNMENT ’ ORGANIZATION 85
the county to aid in the construction of bridges by enabling the commis-
sioners to authorize funds for the building of bridges upon the approval
of the grand jury, of the court of quarter sessions, and of the viewers.g”7
In 1935 this act was amended to allow the approval of the Secretary of
Highways in lieu of all other approval, provided the amount paid by the
county did not exceed $1,500.a68
A comparatively recent innovation is the gasoline tax program initiated
in 1921, and designated to aid the counties in building and maintaining
roads and bridges. The State makes semi-annual payments to the county
of a certain percentage of this tax which the county in turn may delegate
to the municipalities.0s0
In charge of preparing plans, specifications and estimates of the county
in Ithe construction of public works is the county engineer, an appointee
of the county commissioners. This, office was authorized in 1919.eso If
there is no county engineer the commissioners must appoint a registered
engineer to do this work. Viewe,rs to determine the necessity for building
public works and for estimating damages to property have from the earliest
times been appointed by the court of quarter sessions.sa1
It is the duty of the county commissioners to build and maintain neces-
sary public buildings, and with the approval of -the grand jury and of the
court of quarter sessions, to alter or enlarge the same. The title of all
courthouses and prisons together with all other real property owned or
acquired by the county is vested in the county.B6Z Specifications for erecting
proposed county buildings such as detention homes for women must first
be approved by the State Department of Welfare 663 and plans for build-
ing county hospitals for nervous women by the State Department of
Health.e64
The State Board of Education is charged with approving plans and
specifications submitted by local boards for the construction of school
“‘Ibid., sec. 755.
m 1935 P.L. 1037 sec. I.
m State-Local Relations, p. 62.
(yio 1919 P.L. 163 sec. 1; 1927 P.L. 820 No. 415 sec. 1; 1929 P.L. 1278 sec. 166.
w1700, 1 Dali. 16 sec. 2; 1911 P.L. 1123 sec. 1 am. 1929 P.L. 867.
m1929 P.L. 1278 sets. 551. 552.
GE3 1927 P.L. 24 sec. 1 rep. 1929 P.L. 1278 sec. 1051 reen. in sec. 635.
“fd 1929 P.L. 38 sec. 3.
86 COUNTY GOVERNMENT -
buildings; and must furnish, without additional charge, if the proposed
building is not to have more than four classrooms, plans to local boards
on requests. 665 It is the duty of the county superintendent of schools or of
one of his assistants to inspect all school grounds and buildings under their
jurisdiction ; 666 and of the county medical inspector to examine annually,
sanitary conditions of all school buildings and grounds as the regulations
of the State Department of Health or the rules of the local board of health
or board of school directors require.0s7
The Sanitary Water Board administers the sewage and anti-pollution
laws of the State. The Department of Heakh through the Bureau of
Engineering is the investigating, recommending, and enforcement agent
of the Board and its chairman is the Secretary of Health.668
In 1915 the county commissioners were authorized, with the approval
of the grand jury and the court of quarter sessions, to construct and main-
tain sewers and sewage disposal plants. Several counties may, with the
permission of the courts of quarter session, form sewage districts, but
must respect the topography of the counties and the course of natural drain-
age.““” The county commissioners may also appropriate funds for flood
contr01.670
Agriculture. Beginning with the year 1914 many counties created County
Extension Associations in pursuance of the Federal Smith-Lever Act which
provided for agriculture extension work. 671 The responsibility for the ad-
ministration of funds for this purpose is vested in an agricultural college
in cooperation with the United States Department of Agriculture. In addi-
tion to the direct appropriation, the State or county may by matching funds
avail itself of an additional appropriation .6’2 The Pennsylvania General
Assembly agreed in 1913 to accept the Federal legislation then pending in
Congress and authorized the county commissioners to appropriate a sum
not exceeding $1,500 annually for agricultural work. In 1931 this sum
ae6 1911 P.L. 309 sec. 615; 1911 P.L. 309 sec. 616 am. 1931 P.L. 243 sec. 15.
w1911 P.L. 309 sec. 1124.
“’ Ibid., sec. 1.506.
a88 PemSylVania Mamal, 1939, p. 546.
668 1915 P.L. 852 sec. 1; 1929 P.L. 1278 sets. 1001, 1002.
‘~1911 P.L. 260 sets. .I, 2; 1929 P.L. 1278 sec. 461.
“’ 1914, 38 U. S. Stat. 372 sec. 1 ch. 79.
m Ibid.
GOVERNMENT ORGANIZATION 87
was extended to $5,000. 673 At present the counties doing this work con-
tribute varying sums towards its execution.
The commissioners may also provide offices for the association,874 which
in most counties are found in the courthouse. The chief administrative
officer is the county farm agent, an employee of The Pennsylvania State
College. The work of the association is primarily educational, and its object
is to instruct farmers and others on the best practices in agriculture. This
is accomplished through demonstration meetings, farm and home visits,
and pamphlets.
Keeping of Records. One of the most extensive functions of the county
is the keeping and indexing of records relating to private properties, taxes,
court procedure, wills, and many documentary facts relating to county and
local government. The important clerical offices include the prothonotary,
the clerk of the courts of quarter sessions, oyer and terminer and orphans’
court, the register of wills, the recorder of deeds, and the clerk of the county
commissioners. The prothonotary is in charge of records, documents, and
dockets arising out of the court of common pleas. The clerk of the courts
of quarter sessions and oyer and terminer is custodian of records relating
to various activities of the criminal courts. The register of wills and the
clerk of the orphans’ court record documents relating to the settlement of
estates. The chief clerk of the commissioners is in charge of the routine
management of the office of the county commissioners with its extensive
records relating to taxation, finance, elections, and other phases of general
county administration.
The necessity for keeping of records was recognized very early in Penn-
sylvania’s history. The Great Law of 1682 provided that the clerk of
the Sessions keep the record of the court in English.s’6
In 1791 the county commissioners, with the approbation of the court
of quarter sessions and of the grand jury, were directed to erect a build-
ing of brick or stone for holding courts and for the safekeeping of records
of the prothonotary, clerk of the court of quarter sessions, register of
wills and clerk of orphans’ court, and recorder of deeds.Ola In 1827 the
judges of the court of common pleas were given the authority to super-
ma1913 P.L. 204 sec. 1 am. 1919 P.L. 90 rep. 1929 P.L. 1278 sec. 1051 hut reen. in
sec. 444 am. 1931 P.L. 401 sec. 1.
a?i 1929 P.L. 1278 sec. 444 am. 1931 P.L. 401 sec. 1.
“‘The Great Law in Charter to William Penn, p. 117.
“’ 1790, 2 Sm.L. 517.
88 COUNTY GOVERNMENT
vise the records kept by these clerical officers. The judges may direct the
preparation of indexes of all matters contained within their books and may
order the rebindihg of those books and records which require it. Once a
year these officers are required to submit their books of records to the
judges for inspection.677
The judges’ direction over dockets, records, and indexes was later ex-
tended in 1839 when they were required to ascertain whether the records,
books, indexes, and files of all court clerks were kept as the law contem-
plated ; and if neglect were apparent, to direct the correction of any de-
ficiency.078
Again in 1891 they were empowered to alter the mode of preparing the
indexes,6’” and to direct the preparation of new indexes.0so In 1893 all in-
struments in a foreign language were declared acceptable for filing
only if accompanied by a sworn translation.GS1 Whenever a trans-
cription of faded and worn records is made by order of the court, the
proper officer must certify that it is the true copy of the original record.6*2
The books required of the clerical officers and all other officials must be
supplied by the commissioners at the cost of the county.B”” In 1937 county
officials were authorized to record any document by photostatic, photo-
graphic, or other mechanical device.684
The laws of Pennsylvania do not specify that any particular accounting
system be adopted in the keeping of county financial records. In 1935,
however, the Department of Internal Affairs of the Commonwealth was
given power to prescribe uniform budget and annual report forms for
counties.sR6
There are certain general statutory provisions concerning county rec-
ords. Whenever a county has been divided and from it a new county
ET’ 1827 P.L. 154 sec. 4.
“’ 1839 P.L. 676 sec. 1 Res. 8.
6i01878 P.L. 43 sup. 1891 P.L. 129 sec. 1.
880 1891 P.L. 129 sets. 2, 4.
“‘1893 P.L. 188 No. 137 sec. 1 rep. as to orphans’ court 1917 P.L. 363 sec. 24 but
reen. in sec. 8(b, 3) and as to wills 1917 P.L. 415 sec. 26 but reen. in sec. 12(a).
WA* 1827 P.L. 154 sets. 1, 2; 1879 P.L. 136 No. 139 sec. 1.
em 1929 P.L. 1278 sec. 57.
=’ 1937 P.L. 739 No. 199 sec. 1.
a1929 P.L. 1278 sec. 370 added 1935 P.L. 1184 sec. 3.
GOVERNMENT ORGANIZATION 89
formed, all mortgages, judgments, verdicts, orders, and all records affect-
ing lands in the new county but made in the original county may be copied
and certified by the register of wills, the recorder of deeds, the prothono-
tary, the clerk of the court of quarter sessions and oyer and terminer, or
other officer, and entered by the same officer in the new county as part of
the records of his office.“S6 All newly elected county officials are required
to receive records and documents belonging to their office from their pre-
decessors, and any officer refusing to surrender these records and docu-
ments is guilty of a misdemeanor, and is required to pay a fine of $100
i
or to undergo imprisonment.6Yi The county commissioners, treasurer,
sheriff, register of wills, clerk of orphans’ court, recorder of deeds, pro-
thonotary, clerk of the court of quarter sessions and oyer and terminer,
controller, and district attorney are required to keep public records at the
county seat, under a penalty of $500. 68s The minute books and other fiscal
records and documents are open to the inspection of every taxpayer. In
case any county officer should refuse to allow inspection, the taxpayer may,
upon court order, be permitted to examine the records.“89
“” 1901 P.L. 138 1. sec.
“‘I 1804 P.L. 488 l-3 1929 P.L. 1278 1051 but in 58. sets. rep. sec. reen. sec.
BBB 1834 P.L. 537 12 1929 P.L. 1278 1051 but in s&. 56. sec. rep. sec. reen.
R’S 1929 P.L. 1278 111 added 1935 P.L. 730 1. sec. sec.
CHART OF PENNSYLVANIA COUNTY GOVERMENT
1701
CHART BASED ON THE CHARTER OF THE PRIVILEGES OF 1701
COUNTY ELECTORATE
I
0 LEGEND
CONSTITUTIONAL
0 STATUTORY
A INDEFINITE TENURE
---.-.
CHART OF PENNSYLVANIA COUNTY GOVERNMENT
1776
CHART BASED ON CONSTITUTION OF 1776
I
COUNTY ELECTORATE I 1 STAiE. EiECTORATE (
1-m L ----_-____ ----__-_-- _____ - ___________ ---- ..I -,-,a -- -Q- I 1 ,ZZ% ---l---
CHART OF PENNSYLVANIA COUNTY GOVERNMENT
1791
CHART EASED ON CONSTITUTION OF 1790
STATE ELECTORATE -a GcmERNOR _______ -.-__-_---------~~- ----- -- L+“EI\R TClM
CHART BASED ON CONSTITUTION ON ‘183.9
COUNTY ELECTORATE I_
CHART OF PENNSYLVANIA COUNTY GOVERNMENT
1874
GOVERNMENT ORGANIZATION 95
II
BOARD OF COUNTY COMMISSIONERS
Evolution artd Structural Organization. The Duke of York’s laws, which
were extended to the valley of the Delaware in 1676,l vested much of the
local legislative, administrative, and judicial power in the courts.* The
assessing and collecting of taxes, however, were done by the authorities of
the individual parishes or towns. Assessments were made by the constable,
the chief officer of the parish, aided by eight elected “overseers of the
towne.” 3 The assessment of each town or parish was certified to the
justices who were empowered to reduce the assessment of any person
whose property was apparently assessed too highly.4 Taxes were collected
by the constable. 6 Another function of the constable and overseers was the
payment of bounties on wo1ves.E
By the system set up under the proprietary government, these functions
were assigned to the county rather than the smaller political divisions.
Most of the governmental powers were vested in the “county court,”
which, in addition to its judicial duties, performed a number of admin-
istrative and executive functions. It levied the county taxes,’ supervised
the erection of county buildings * and the laying out of roads,” took care
of the poor of the county,lO and paid bounties for the destruction of
wolves.ll
After 1696 the justices received aid in many duties concerned with the
defraying of “the necessary charge in each county, for the support of the
’ Charter to William Penn, p. 455.
= Ibid., p. 457.
a Duke of York’s Book of Laws, 1664, in Chnrier to Wiltiam Pew, pp. 9,22, 44, 48.
‘Ibid., p. 10.
‘Ibid., p. 49.
‘ibid., p. 52.
‘Laws of the Assembly, 1683, in Charter to William Penn, ch. CXXVII, pp. 146,
147.
‘Ibid., ch. CI, pp. 139, 140.
‘Ibid., ch. LXXXIX, p. 136.
lo The Body of Laws, December 7, 1682, in Charter to William Penn, ch. XXXII,
p. 115.
“Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 134 ch.
LXXXVI; Laws of the Assembly, May 10, 1690, in Charter to William Penn, ch.
CXCIII, p. 183.
96
COUNTY COMMISSIONERS 97
poor, building or repairing of prisons, paying for salaries belonging to the
Council & Assembly, paying for wolfs heads, The Judges expenses, &
all just Debts, with many other necessary charges.” In every county six
assessors were to be elected at the usual time and place for choosing the
members .of the Assembly. These assessors and the grand jury -helped the
justices in the work of levying and collecting taxes.‘”
The office of county commissioner was created in 1711 to take over
from the court some of the duties concerned with taxation. The Assembly
appojnted three commissioners in each county to serve until the next ses-
sion.13 From that year until 1722, appointed county commissioners were
always provided for by statute, although the number of members in the
counties varied between three and five, with Philadelphia sometimes having
more commissioners than Eucks and Chester, the only other counties in
existence at the time.l”. The law of 1722 and the one replacing it 3 years
later made the office of commissioner permanent and elective with a 3-year
term. Since that time boards of county commissioners have always con-
sisted of three members.l” The terms of office, however, was increased to
4 years by a constitutional amendment of 1909.16 From time to time the
county commissioners have been given additional duties which originally
belonged to the court; they have received so many responsibilities that
they now are the most important administrative body in the county. Al-
though the office was mentioned in the Constitution of 1776,” it did not
acquire full constitutional status until 1874.l*
A county commissioner must have held citizenship and residence in the
county for at least a year before his election.18 Until 1874 the commission-
ers had overlapping terms of office with one commissioner replaced every
year.“O At present the entire board is elected every 4 years. Each elector
“The Frame of the Government, October 26, 1696, in Cherter ot WiZZiam Pew,
pp. 256-259 ; Laws of the Assembly, May 10, 1699, in Charter to William. Pew, pp. 280-
282; 1700, II St. at L. 34 sets. 1, 2.
“1710-11, II St. at L. 369 sec. 1.
“1710-11, II St. at L. 372; 1712-13, III St. at L. 3; 1715, III St. at L. 83; 1717,
III St. at L. 128; 1717-18, III St. at L. 175.
*51722, III St. at L. 295 sets. 1-3; 1724-25, IV St. at L. 10 sec. 2.
I6 Const., art. XIV, sec. 7 as am. 1909; 1929 P.L. 1278 sec. 101.
” Const. of 1776, ch. II, sec. 31.
I8 Const., art. XIV, sec. 1.
I0 Ibid., sec. 3.
m1722, III St. at L. 295 sec. 3; 1724-25, IV St. at L. 10 sec. 2; 1732, IV St. at L.
234 sec. 1; Const. of 1776, ch. II, sec. 31; 1799, 3 Sm.L. 393 sec. 2; 1834 P.L. 537
sec. 15.
98 COUNTY GOVERNMENT
votes for two candidates ~nSy,~l thus providing for representation of
the minority party. County commissioners may be reelected. Vacancies,
formerly filled by the remaining commissioners and the court of quarter
sessions 22 are now filled by the court alone. The appointee must have
voted for the commissioner whom he replaces.23 Before any county com-
missioner may assume office, he must take an oath 24 which is filed with
the prothonotary. 26 Each commissioner gives a bond, the amount of which
is fixed by the court of common pleas at not less than $2,000. Commission-
ers’ bonds are kept by the controller or by the prothonotary if the county
has no controller.20 At first the county commissioners were paid on a
per diem basis for days actually spent in official duties.27 Now these officers
receive annual salaries ranging from $500 a year in counties with a popu-
lation of less than 20,000 to $6,000 a year in third-class counties.28 The
county also pays any expenses “necessarily incurred and actually paid in
the discharge of their official duties.” 28
Powers and Duties. The corporate power of the’ county is vested in the
commissioners,3o any two of whom constitute a quorum!l The county
‘I Const., art. XIV, sec. 7 as am. 1909; 1929 P.L. 1278 sec. 101.
” 1834 P.L. 537 sec. 16 sup. Con&., art. XIV, sec. 2 and rep. 1929 P.L. 1278 sec.
1051. Prior to 1834 vacancies were filled by the court of common pleas until the next
general election, 1799, 3 Sm.L. 393 sec. 2.
D Const., art. XIV, sec. 7 as am. 1909; 1929 P.L. 1278 sec. 101. (See: A Digest of
the Statute Law of Pennsylvania for the Year 1911, p. 743; Purdon’s Annufated
Statutes, Const., p. 44, Title 16, p. 436) ; Commonwealth v. Wise, 216 Pa. 152 (1907).
” 1799, 3 Sm.L. 393’sec. 3 sup. 1834 P.L. 537 sec. 17 sup. Const., art. VII, sec. 1;
1929 P.L. 1278 sec. 53.
” Between 1834 and 1874 this oath was filed with the clerk of the court of quarter
sessions, 1834 P.L. 537 sec. 17 sup. Const. art. VII, sec. 1 rep. 1929 P.L. 1278 sec. 1051.
*’ 1878 P.L. 118 No. 149 rep. 1929 P.L. 1278 sec. 1051; 1929 P.L. 1278 sec. 54 am.
1933 P.L. 946 No. 182; 1929 P.L. 1278 sec. 102.
*’ 1712-13, III St. at L. 3 sec. 8; 1724-25, IV St. at L. 10 sec. 12; 1799, 3 Sm.L.
393 sec. 22; 1834 P.L. 537 sec. 26 rep. 1929 P.L. 1278 sec. 1051; 1889 P.L. 109 sec. 1
rep. 1929 P.L. 29 No. 26. (There are also numerous special laws which fixed the
compensation of the commjssioners of certain counties. 1905 P.L. 167 sec. 2 rep. all
inconsistent general and special laws.)
“1905 P.L. 167 sec. 1 am. 1911 P.L. 894 further am. 1915 P.L. 936 rep. 1917 P.L.
570 sec. 4; 1917 P.L. 570 sec. 1; 1927 P.L. 403.
=1929 P.L. 1278 sec. 108.
*’ 1834 P.L. 537 sec. 4 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 23.
*’ 1710-11, II St. at L. 369 sec. 1; 1715, III St. at L. 83 sec. 2; 1717-18, III St. at L.
175 sec. 2; 1799, 3 Sm.L. 393 sec. 15; 1834 P.L. 537 sec. 19 rep. 1929 P.L. 1278 set
1051 but reen. in sec. 105.
COUNTY COMMISSIONERS 99
seal is in their32 custody and is afExed to all their official documents.33
They may sue and be sued on behalf of the county.34 The county com-
missioners hold title to all real estate vested in the county,35 and they
may sell or release any of it on petition to the court of common pleas,
which fixes a hearing date. w In seventh-class counties the commissioners
are allowed to sell any property given to the county and reinvest the pro-
ceeds without court approval. 37 County commissioners may perform only
those duties given to them by law. 38 In the performance of these duties
they 3g and their clerk 4o may administer oaths.
Many of the powers and duties of the county commissioners are still
concerned with their original function, aiding the assessors and levying
and collecting taxes. In 1780 the office of county assessor was abolished and
his powers and duties were transferred to the commissioners. Numerous
laws have been passed providing that local assessors be elected in each
borough and township,41 and at present assessors in all but first, second,
and third-class counties are elected in each political subdivision.42 In third-
class counties assessors are chosen by the board for the assessment and re-
vision of taxes 43 which itself is named by the county commissioners.44 A
law of 1937 vesting its appointment in the State Auditor General has been
a’ Laws of the Assembly, 1683, in Charter to William Pknq p. 132; The Petition of
Right, 1693, in Charter to William Penn, ch. XLV, p. 206; 1705-6, II St. at L. 240.
Ba 1834 P.L. 537 sec. 8 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 24.
M 1834 P.L. 537 sec. 8 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 1031.
m 1929 P.L. 1278 sec. 551 am. 1937 P.L. 328 sec. 1.
” 1874 P.L. 154 rep. 1929 P.L. 1278 sec. 1051; 1891 P.L. 168 No. 165 rep. 1929 P.L.
1278 sec. 1051; 1929 P.L. 1278 sec. 676 am. 1937 P.L. 328 sec. 2 ; 1929 P.L. 1278 sec.
676 am. 1937 P.L. 328 sec. 3.
*‘1929 P.L. 607 No. 247.
88 Close v. Bucks County, 2 Woodward 453 (1874).
‘w1715, III St. at L. 83 sec. 1; 1717-18, III St. at L. 175 sec. 4; 1811, 2 Sm.L. 218
sup. 1834 P.L. 537 sec. 25 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 107.
” 1929 P.L. 1278 sec. 110.
u 1760, VI St. at L. 3 sec. 3 ; 1764, VI St. at L. 344 sec. 3 ; 1779, IX St. at L. 443
sec. 2; 1795, XV St. at L. 322 sets. 3, 2; 1799, 3 Sm.L. 393 sec. 4; 1835 P.L. 46 sec. 8;
1851 P.L. 325 sec. 601.
u 1889 P.L. 7 am. 1889 P.L. 133 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 301.
(Prior to 1933 the city councils of third-class cities selected the assessors, 1913 P.L.
568 No. 367 art. XV sec. 1 rep. 1931 P.L. 932 sec. 4701 but reen. in sec. 2501 rep. 1933
P.L. 853 sec. 602.)
a 1931 P.L. 1379 sec. 4; 1933 P.L. 853 sec. 102.
u 1931 P.L. 1379 sec. 1 rep. 1937 P.L. 939 No. 256 sec. 4.
100 COUNTY GOVERNMENT _________
declared unconstitutional. 4s All assessors are paid by the county,4fl even
though their duties include the making of State assessments.47 Assessments
were at first prepared by the assessors from inventories sent in by tax-
payers, 43 but now thev are made after personal visits by the assessors. .-
The duties of the commissioners insofar as the levying of taxes is con-
cerned vary from county to county. In those counties without a controller,
including most of the sixth, seventh, and eighth classes, the commissioners
annually make an estimate of the probable expenditures of the county
during the year to come. On this basis they levy the taxes.*O In counties
having a controller, he prepares the budget which must be approved by the
commissioners.5o In all counties the budget is finally adopted by the com-
missioners only after it has been available for public inspection for 20 days.
Within 15 days after its adoption, a copy must be filed in the office of the
Department of Internal Affairs. During any year the county may not
spend more than the total amount indicated in the budget, but during the
last 9 months of the year they may transfer any “unencumbered balance”
from one spending agency to another. 51 The commissioners fix the tax
rate for the county when the returns from the assessors have been made
and revised.62 The law forbids a higher tax rate for general county pur-
poses than 10 mills on each dollar of the assessed valuation of real and
personal property.63 In order to meet the running expenses of the county,
the commissioners may borrow money secured by the current unpaid taxes.
All such loans must be repaid within a year.64
Every 3 years a complete assessment is made of all property within the
county ; in other years the assessors appraise all property on which a great
* 1937 P.L. 939 No. 256 sets. 1, 2 declared unconstitutional 327 Pa. 148.
*1923 P.L. 1040 sec. 4 am. 1927 P.L. 304 rep. 1933 P.L. 853 sec. 601; 1931 P.L.
1379 sec. 4; 1933 P.L. 8.53 sec. 30.5 am. 1935 P.L. 670 No. 251 further am. 1935 P.L.
694 No. 265; 1933 P.L. 853 sets. 306-308; 1933 P.L. 910 sec. 1 am. 1935 P.L. 670
No. 250 further am. 1935 P.L. 694 No. 264.
n 1846 P.L. 486 sec. 2.
“ 1724-25, IV St. at L. 10 sec. 4.
” 1717-18, III St. at L. 175 sec. 2; 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P.L. 509 sec.
1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 361 am. 1935 P.L. 1184 sec. 2.
wl929 P.L. 1278 sec. 346 am. 1935 P.L. 1184 sec. 2.
m 1935 P.L. 1184 sec. 3.
” 1929 P.L. 1278 sec. 346 am. 1935 P.L. 1184 sec. 2; 1929 P.L. 1278 sec. 361 am.
1935 P.L. 1184’sec. 2.
“1929 P.L. 1278 sec. 371 am. 1937 P.L. 94’2 sec. 1.
=1929 P.L. 1278 sec. 371.1 added 1931 P.L. 401 sec. 11; Commissiowrs of Schuyl-
kill County v. Snyder, 20 Pa. C.C. 649 (1896).
COUNTY COMMISSIONERS 101
change in value has occurred since the preceding triennial assessment.55
At first the county was divided into assessment districts by the county
assessor,66 then by the assessor and comnlissioners.“7 At present, assess-
ment districts must be co-extensive with political subdivisions, except in
third-class counties.5” The commissioners issue precepts for assessnients
and receive returns except in third-class counties where these functions
belong to the board for the assessment and revision of taxes.5s In all coun-
ties except those of the third class the commissioners examine the returns
with the assessors and rectify any apparent errors in them.so They form
a board of revision to hear appeals from persons dissatisfied with the ap-
praisement of their property. 61 The commissioners of fourth-class coun-
ties may appoint “competent persons, resident freeholders,” and other
assistants to help them in the revision of assessments.02 The county com-
missioners may also name interpreters to aid the assessors in their work.g3
In third-class counties all of these duties belong to the board for the assess-
ment and revision of taxes.64 The commissioners of such counties may
prepare for the board any maps and surveys which are necessary to secure
an accurate assessnient.s5 Vacancies in the office of e!ected assessor are
filled by the commissioners when such vacancies are not otherwise filled.66
s 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P.L. 509 sec. 2 rep. 1933 P.L. 853 sec. 601 but
reen. in sets. 401, 431; 1849 P.L. 570 sec. 34 rep. 1933 P.L. 853 sec. 601 but reen. in
sec. 431; Penlzsylvania Stove Cornpatty’s Appeal, 23 Dist. 399 (1914).
“1715, III St. at L. 83 sec. 2; 1724-25, IV St. at L. 10 sec. 7.
” 1757-58, V St. at L. 337 sec. 5 ; 1759, V St. at L. 379 sec. 4; 1760, VI St. at L.
3 sec. 4; 1764, VI St. at L. 344 sec. 4.
.M 1931 P.L. 1379 sec. 4; 1933 P.L. 853 sec. 301.
69 1933 P.L. 853 sets. 401, 431. In 1943 a board of assessment and revision of taxes,
consisting of the commissioners ex officio, was created in fourth- to eighth-class coun-
ties, to carry out all assessment functions. See Appendix D.
@ 1834 P.L. 509 sec. 6 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 508; 1841 P.L.
393 sec. 6 rep. 1933 P.L. 853 sec. 601.
O1 1710, II St. at L. 372 sec. 3 (at this time the assessors aided the commissioners in
hearing appeals) ; 1715, III St. at L. 83 sec. 2; 1724-25, IV St. at L. 10 sec. 7; 1799,
3 Sm.L. 393 sets. 8, 9 sup. 1834 P.L. 509 sets. 8-10 rep. 1933 P.L. 853 sec. 601 but
.reen. in sets. 501-510.
(u 1929 P.L. 1712 sec. 2 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 506.
Q1 1915 .P.L. 695 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 309. (The 1915 act
applied only to counties with more than 200,000 population. The present act applies
to counties of the fourth to eighth classes.)
M 1931 P.L. 1379 sets. 4..19. ’
*Ibid., sec. 17.
M 1757-58, V St. at L. 337 sec. 8; 1760, VI St. at L. 3 sec. 7; 1897 P.L. 39 No. 33
rep. 1933 P.L. 853 sec. 601 but reen. in sec. 304.
102 COUNTY GOVERNMENT
Under the Duke of York’s laws taxes were collected by town constables.67
Later tax collectors were appointed by the assessors.os After the establish-
ment of the office of county commissioner, the commissioners and asses-
sors together sometimes appointed tax collectors, but at other times the
assessors alone continued to do ~0.‘~ From 1780 until 1799 tax collectors
were selected by the commissioners alone, . 7o between 1799 and 1885 the
commissioners appointed the tax collectors, choosing one of two nominees
presented by the local assessors.71 Since 1885 tax collectors have been
elected in all the boroughs and townships of the State,72 except in first-class
townships, where the township treasurer acts as tax co11ector.73 In third-
class cities the city treasurer is ex officio tax co11ector.74 Whenever a
vacancy in the office of township tax collector remains unfilled, the county
commissioners may appoint someone to serve out the unexpired term. If
no resident of the township is available, the county treasurer is named tax
collector.76
Formerly the commissioners were permitted to have the property of
delinquent tax collectors sold, 76 but since 1834, tax collectors’ bonds and
the sale of property on which taxes are unpaid have taken care of this.?l
County commissioners may take measures to have negligent assessors and
tax collectors fined.‘” On petition of 500 taxpayers the commissioners may
change the dates after which reduction of taxes for prompt payment can-
“Duke of York’s Book of Laws, March 1, 1664, in Charter to William Pem, p. 49.
“Laws of the Assembly, May 15, 1693, October 26, 1696, and May 10, 1699, in
Charter to Will&n Pew, pp. 222, 254, 281; 1700, II St. at L. 34 sec. 2
w 1710-11, II St. at L. 372 sec. 2; 1711, II St. at L. 388 sec. 2; 1715, III St. at L.
83 sec. 2; 1717-18, III St. at L. 175 sec. 5 ; 1724-25, IV St. at L. 10 sec. 7.
” 1780, IX St. at L. 238 sec. 6.
n 1799, 3 Sm. L. 393 sec. 10 sup. 1834 P. L. 509 sec. 17 rep. 1885 P. L. 187 sec. 13;
1856 P. L. sec. 1. rep. 1885 P. L. 187 sec. 13.
T1 1885 P. L. 187 sec. 1; 1893 P. L. 333 No. 273 ; 1927 P. L. 519 sec. 850; 1933 P. L.
103 sec. 414.
n 1931 P. L. 1206 sec. 805.
” 1931 P. L. 932 sec. 2556 am. 1935 P. L. 363 sec. 1 further am. 1935 P. L. 719
further am. 1937 P. L. 2641 further am. 1939 P. L. 153 sec. 1.
” 1933 P. L. 103 sec. 423 am. 1935 P. L. 1205.
m 1715, III St. at L. 83 sec. 5 ; 1717, III St. at L. 127 sec. 5; 1724-25, IV St. at L.
175 sec. 10; 1799, 3 Sm. L. 393 sec. 19.
n 1834 P. L. 509 sets. 19-21; 1891 P. L. 212 No. 185.
Is 1710-11, II St. at L. 369 sec. 4; 1715 III St. at L. 83 sec. 7; 1799, 3 Sm. L. 393
sec. 23 sup. 1834 P. L. 509 sec. 24 rep. 1933 P. L. 853 sec. 601 but reen. in sec. 310.
COUNTY COMMISSIONERS 103
not be made.?O The commissioners are empowered to refund any taxes
and license fees erroneously paid to the county *O and to appraise the per-
sonal property of anyone neglecting to file a return. In the latter case they
add 50 percent to their appraisaLgl
From 1769 to 1795 the commissioners were empowered to sell unim-
proved land on which taxes were not paid.8Z Since 1809 the treasurer has
sold property for delinquent ‘taxes. 83 When a property offered for sale
fails to find a purchaser the county commissioners pay the taxes and hold
it themselves. If it has not been redeemed by the original owner within
2 years the commissioners sell it at a public sale, giving a deed to the pur-
chaser.&’ The property may be sold at a private sale with the approval
of the court of common pleas. 85 With s,imilar court approval the com-
missioners may make an agreement with the former owner or his heirs to
accept less than the whole amount due. The proceeds are then distributed
in proportion to the claims of the taxing authorities concerned.8E Before
selling any unredeemed land, the commissioners must offer it to the De-
partment of Forests and Waters and to the Board of Game Commissioners.
If these agencies want the land they buy it for an amount equal to the
taxes due for not more than 5 years, plus the interest on that amount.8’
At their discretion the commissioners may use unredeemed lands taken
over for taxes as sites for county forests.88
Prior to 1718 all money spent by the county was paid by the treasurer
on orders of the assessors and justices of the peace, but in that year pro-
vision was made for the commissioners to replace the justices in the per-
formance of that duty.8Q Since 1780 the treasurer, at that time an ap-
‘O 1885 P. L. 204 sets. 1, 2.
“1834 P. L. 509 sec. 48; 1929 P. L. 1656 No. 518 am. 1935 P. L. 1210 rep. 1937
P. L. 786 sec. 3 ; 1937 P. L. 786 sets. 1, 2.
‘I 1913 P. L. 507 sec. 5 am. 1923 P. L. 474 No. 260 further am. 1927 P. L. 98.5 No.
476 further am. 1931 P. L. 544.
” 1769, VII St. at L. 306 sec. 1; 1795, XV St. at L. 322 sec. 10 and 1804 P. L. 517
gave this power to the sheriff.
Lu 1809, 5 Sm. L. 73 sec. 1; 1815, 6 Sm. L. 299 sec. 2.
” 1815 P. L. 177, 6 Sm. L. 268 sec. 3 am. 1889 P. L. 141; 1931 P. L. 280 sec. 16 am.
1939 P. L. 498 sec. 8; 1931 P. L. 280 sec. 17 am. 1939 P. L. 498 sec. 18.
=1933 P. L. 1019 am. 1935 P. L. 1168 No. 378.
“1933 P. L. 1018 sec. 1 am. 1935 P. L. 1122; 1933 P. L. 1018 sets. 2, 3.
” 1897 P. L. 11 sets. 1, 2 (sec. 2 am. 1899 P. L. 98) sup. 1915 P. L. 140 sec. 1 am.
1933 P. L. 943; 1915 P. L. 140 sec. 2 am. 1933 P. L. 943 further am. 1937 P. L. 199.
” 1933 P. L. 35 sec. 2.
8o 1717-18, III St, at L. 175 sec. 11; 1724-25, IV St. at L. 10 sec. 4.
104 COUNTY GOVERNMENT
pointee of the commissioners,B” has paid out all money on warrants of the
county commissioners. Q1 In every county with a controller, however, no
warrant may be drawn until the bill or claim which it proposes to pay has
been examined, approved, and certified by the controller, who then counter-
signs the warrant. Q2 The commissioners of third-class counties select one
or nlore depositories for all county funds. These depositories must furnish
a bond in the amount determined by the commissioners.Q3
All contracts involving expenditures of county funds are awarded by
the county commissioners.Q4 It is a misdemeanor, punishable by fine and
removal from office if convicted, for the commissioners to be financially
interested in such a contract. Q5 In counties with a controller all contracts
over $100 except those concerned with bridge repairs must be in writing
and filed with the controller. All over $300 must be awarded to the lowest
and best bidder.96
The commissioners apprppriate all money for county use either from
the general county funds which are secured from the taxes they levy, by
levying an additional tax allowed by law for certain purposes, or by bor-
rowing money within the legal limitations. For example, the salaries of
county officers are paid from the general fund ; roads may be built with
the proceeds of a special road tax; and money may be borrowed and bonds
issued to build a new courthouse. Prior to 1874 the legislature often passed
special laws permitting a certain county to borrow or to levy a special tax
or to use some of the county funds in various ways not generally permitted.
These special laws were so varied that it is desirable to examine a few
examples. In 1844 the commissioners of Berks County were authorized
OOBefore 1780 the treasurer was appointed by the commissioners and the assessors.
The assessors were abolished in 1780 and the commissioners alone appointed the
treasurer until 1841 when he became an elective official. 1710-11, II St. at L. 372 sec.
2; 1711, II St. at L. 388 sec. 2; 1724-25, IV St. at L. 10 sec. 13; 1780, X St. at L. 238
sec. 6; 1799, 3 Sm. L. 393 sec. 13 sup. 1834 P. L. 537 sec. 27 sup. 1841 P. L. 400 sec.
1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 141,
p’1780, X St. at L. 238 sec. 6; 1799, 3 Sm. L. 393 sec. 14 sup. 1834 P. L. 537 sec.
37 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 362.
02 1929 P. L. 1278 sets. 349-351.
RI 1929 P. L. 1278 sec. 408 added 1933 P. L. 954 No. 189 sec. 2.
W1929 P. L. 1278 sec. 22; Warrerz-Ehret Co+n$any v. Lzcserne Cozuzty Commk-
sioners, 15 Luz. L. Reg. Rep. 267 (1910) ; McGovern v. Armstrong, 75 Pa. L. J.
373 (1927).
w 1806 P. L. 548, 4 Sm. L. 324 sup. 1834 P. L. 537 sec. 43 rep. 1929 P. L. 1278 sec.
1051 but reen. in sec. 64.
m 1929 P. L. 1278 sec. 348 am. 1935 P. L. 143.
COUNTY COMMISSIONERS 105
to subscribe to stock in the Birdsboro Bridge Company and to vote at the
directors’ meetings. 87 Special permission was given to the Greene County
commissioners to support agricultural societies.g” The commissioners of
Lancaster County were authorized to purchase a certain bridge, erect toll
gates, and appoint a toll collector. The court was allowed to declare it a
free bridge when the purchase price of the bridge was returned to the
county in tollsgB In Warren County the commissioners are given the addi-
tional title of “Commissioners of the Rouse estate,” and to this day they
act as administrators of the money left to th,e county by Henry R. Rouse.100
Most of these special laws, however, were only temporary in character, and
little trace of them remains today. Some of their provisions have since
been embodied in general laws.
County commissioners are required to provide money for some purposes,
while other appropriations are optional. The commissioners select and
buy all land for the public buildings of the county.lO’ Before constructing,
altering, or enlarging the county buildings, approval of the grand jury and
the court of quarter sessions must be secured,lo2 and the plans for such
buildings must be approved by the court.10” Thereafter the commissioners
are obliged to provide for the upkeep of the courthouse, jail, and other
county buildings,lo4 as well as the county roads lo5 and bridges.loB When
the courthouse has been damaged they select another place for temporary
use.lO’ In fourth-class counties with the prison located at the county seat,
the commissioners may have a new jail built elsewhere. The old building
may be removed or used for other purposes.1o8
” 1844 P. L. 131 No. 87 sec. 16.
“1827 P. L. 320 No. 134; 1833 P. L. 82 No. 48.
“1812 P. L. 178 sec. 5.
‘OO1862 P. L. 407.
“01 1790, 2 Sm. L. 520 sec. 2; 1834 P. L. 537 sec. 10 rep. 1939 P. L. 1278 sec. 1051
but reen. in sets. 513-517, 566; 1929 P. L. 1278 sec. 518 am. 1931 P. L. 401 sec. 1.
‘Oa 1834 P. L. 537 sec. 11 rep. 1929 P. L. 1278 sec. 1051 #but reen. in sec. 552.
lo31895 P. L. 38 sec. 1 am. 1923 P. L. 1092 sec. 1 rep. 1929 P. L. 1278 sec. 1051
but reen. in sec. 561.
lM 1717-18, III St. at L. 175 sec. 2; 1929 P. L. 1278 sec. 552.
UJ 1929 P. L. 1278 sec. 874 am. 1937 P. L. 261.
lw 1903 P. L. 228 No. 167 rep. 1929 P. L. 1278 sec. 1051; 1905 P. L. 81 No. 57 rep.
1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sec. 901.
lo1 1879 P. L. 32 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 552.
lw) 1921 P. L. 100 sec. 1 am. 1927 P. L. 423 rep. 1929 P. L. 1278 sec. 1051 but recn.
in sec. 570.
106 COUNTY GOVERNMENT
The commissioners must provide the salaries of county officers and the
office furnishings, supplies, heat, light, telephone, and janitor service for
each one whose office is located at the county seat.lo9 With the consent of
th’e grand jury and the court of quarter sessions they build county roads
and bridges which they thereaf,ter maintain.llO They must provide a jury
wheel ‘I1 and all supplies and services needed for elections,‘1z including
voting machines for any political divisions deciding to use them.l13
Various expenses connected with the maintenance of certain classes of
people must be paid by the county commissioners. They furnish all food,
clothing, and supplies used by the county prison I14 and the poorhouse.115
Separate accommodations for wom’en jurors I18 and a separate room or
building for juvenile offenders awaiting trial must be provided.l17 The
county pays for the maintenance of all inmates of the State penitentiaries,llY
the State Industrial Home for Women,110 and the Huntingdon Industrial
School lzo who were convicted within the county. Whenever an inmate of
the Huntingdon institution I21 or the State Industrial Home for Women lz2
is convicted of a new crime committed while serving sentence there, his
maintenance and the cost of the new trial must be paid by the county from
which he was originally sentenced. The county commissioners pay half the
expens,es of children in homes of refuge lz3 and the entire cost of main-
1o9 1889 P. L. 52 No. 54 am. 1895 P. L. 197 No. 120 further am. 1907 P. L. 308 sec.
1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 57 am. 1933 P. L. 992.
‘lo 1732, IV St. at L. 234 sec. 3 ; 1799, 3 Sm. L. 393 sec. 24; 1836 P. L. 551 sec. 36
rep. 1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sets. 701, 724, 871, 874.
s” 1834 P. L. 333 sets. 81, 83.
‘la 1799, XVI St. at L. 163 sets. 3, 21, 23 rep. 1839 P.L. 519 sec. 174 but sup. in
1840 P. L. 683 sec..7 rep. 1937 P. L. 1333 sec. 1901 but reen. in sets. 302, 305(a).
“‘1929 P. L. 549 sec. 4 rep. 1937 P. L. 1333 sec. 1901 but reen. in sets. 1104, 1108.
‘I’ 1786, XII St. at L. 280 sec. 12; 1790, 2 Sm. L. 531 sec. 30.
“‘1937 P. L. 2017 sec. 305.
1181921 P. L. 384 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 554.
“‘1901 P. L. 279 sec. 10 rep. 1903 P. L. 274 sec. 12; 1903 P. L. 137 No. 98 sec. 1
am. 1913 P. L. 870 No. 420 sec. 1 rep. 1933 P. L. 1433 sec. 28 but reen. in sec. 7; 1929
P. L. 1278 sec. 555.
11* 1829, 10 Sm. L. 431 sec. 9 sup. 19.29 P. L. 694 sec. 1; Pennsylvania, Attorney
General, Officiul Opiniorts, vol. 1927-28, pp. 152-164, hereinafter cited as Attorney
General’s Opinions.
““1913 P. L. 1311 .sec. 25 am. 1929 P. L. 698.
I20 1887 P. L. 63 sec. 17 am. 1929 P. L. 697. This school is now at White Hill.
“I 1893 P. L. 280 sec. 1.
1”2 1913 P. L. 1311 sets. 22-24; sec. 24 am. 1929 P. L. 698.
12s1901 P. L. 158 sec. 1 sup. 1903 P. L. 83 No. 77 am. 1925 P. L. 156 No. 115
COUNTY COMMISSIONERS 107
tenance of children in the training school for delinquents at Morganza lz4
and of indigent patients in tuberculosis sanatoria.‘26 They pay for the
burial of all indigent people of the county.120 Since 1901 they have had to
pay the expenses of a board of visitors which inspects all institutions re-
ceiving aid from the county.‘*’
Prior to 1883 indigent insane persons were generally sent to the poor-
house, but in that year all places in which two or more insane persons were
detained were put under th’e supervision of the Board of Public Charities,lZs
the powers of which were later vested in the Department of Welfare.‘z9
A law of 1883 provided that the expenses for the care and maintenance of
the indigent insane were to be divided between the State and the county in
which the patient had resided. I30 A law of 1889 provided that the county
or poor district was responsible for the first $1.75 of the weekly expenses
of each patient and that the State should pay the remainder, which was
not, however, to exceed $2 a week. This system remained in force, although
the expense limits were raised, and in 1923 it began to apply to semi-State
as well as State institutions. I81 Under this system the commissioners or
the authorities in charge of the poor district had to report to the Auditor
General four times a year concerning the number of indigent insane trans-
ferred to State hospitals from the county or district, mentioning the name
of the patient and the time for which he was cared for at the hospital. If
this report was not sent, the negligent county or poor district did not re-
ceive its share of the State appropriation.132 A law of 1895 provided that
the county was primarily liable but could recover any money expended
Ia4 1929 P. L. 699.
m 1911 P. L. 623 sets. 1, 2 sup. 1929 P. L. 1278 sec. 442.
a 1883 P. L. 119 sec. 2 am. 1915 P. L. 479 further am. 1915 P. L. 506 sec. 2 further
am. 1919 P. L. 152 sec. 1 further am. 1921 P. L. 167 sec. 1 further am. 1937 P. L. 411
sec. 2 further am. 1939 P. L. 369.
l?l 1901 P. L. 279 sec. 18 rep. 1903 P. L. 274 sec. 12; 1903 P. L. 8 sec. 1 am. 1913
P. L. 452 sec. 2.
tls 1883 P. L. 21 No. 18 sec. 1.
I*’ 1921 P. L. 1144 sec. 32.
D1883 P. L. 92 sec. 3 rep. 1889 P. L. 258 sec. 2.
m 1889 P. L. 258 sets. 1, 3 am. 1917 P. L. 72 sec. 1 further am. 1921 P. L. 132 No.
81 sec. 1 further am. 1923 P. L. 443 sec. 1 further am. 1925 P. L. 139 sec. 1 rep. 1938
(Sp. Sess.) P, L. 53 sec. 9 but continued in effect until May 31, 1941 by 1939 P. L.
195; 1923 P. L. 998 sec. 503 ; 1929 P. L. 707 No. 305.
us 1887 P. L. 282 No. 168; 1891 P. L. 144; 1893 P. L. 270 No. 238; 1889 P. L. 277;
1901 P. L. 676 No. 341; 1903 P. L. 130 No. 93; 1905 P. L. 102; 1907 P. L. 155.
108 COUNTY GOVERNMENT ____--~
from the persons concerned or the poor district.133 An act of 1938 as
amended a year later, provides that after June 1, 1941 all indigent mental
patients are to be cared for entirely at State expense in State-owned or
State-aided hospitals.‘34 The only exception occurs when a prisoner be-
comes insane. The county commissioners must then pay for his support
in a mental hospital for the period of his original sentence.135 The State
also cares for indigent mental defectives. I36 Prior to 1903, the expenses for
the care of indigent inebriates in State hospitals were shared by the county
and State,13? but since that time inebriates in mental hospitals are under
the sime provisions as other mental patients.13s
Whenever the court of common pleas decides that any of the county
records are not in good cotidition, the county commissioners must pay to
have them copied. 139 The commissioners are obliged to provide law books
for the district attorney I40 and rooms and supplies for certain judges.141
In counties with a population of less than 300,000, the commissioners must
have lists of the rules of court printed for the use of members of the bar.14*
In most counties the commissioners are obliged to keep at the county
ust be
I have
iieyors
seat true standards of all the legal weights and measures. These m
tested every 5 years. 143 The county commissioners are required ta
the meridian line marked somewhere in the county so that all sur
can adjust their instruments by it.144
I” 1895 P. L. 276 sec. 1 rep. as to insane prisoners, 1917 P. L. 678 sec. 2, whi
rep. by 1923 P. L. 994 sec. 704.
*= 1923 P. L. 998 sec. 503 am. 1938 (Sp. Sess.) P. L. 63 sec. 1 further an
P. L. 195.
m1923 P. L. 998 sec. 507 am. 1937 P. L. 973 sec. 1.
180 1923 P. L. 998 sec. 309 am. 1937 P. L. 973 sec. 1 further am. 1938 (Sp.
P. L. 63 sec. 1.
ch was
n. 1939
Sess.)
w 1915 P. L. 120 sec. 5 rep. 1923 P. L. 998 sec. 704.
188 1923 P. L. 998 sets. 315, 316.
l*” 1827 P.L. 154.
ec. 250 l’O1929 P. L. 476 No. 193 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 so
added 1931 P. L. 401 sec. 9.
I=1929 P.L. 1278 sec. 556 am. 1931 P.L. 401 sec. 1.
1*X 1903 P. T;. 222.
‘=170G, 1 Sm.L. 18 sec. 1 sup. 1834 P.L. 524 sets. 9, 10; 1845 P.L. 443 2
4 rep. as to Berks, Franklin, Lancaster, Bucks, Montgomery, Lehigh, Dauphi
Westmoreland counties, 1859 P. L. 198 sec. 1, again extended to Montgomery (
1867 P. L. 233 and to Dauphin County, 1872 P. L. 121, rep. as to Lebanon, 1
Washington, Cumberland, and Perry Counties, 1860 P. L. 511, rep. as to
County, 1858 P. L. 44.
le 1850 P. L. 595.
iecs. 2,
in, and
%unty,
Adams,
York
COUNTY COMMISSIONERS 109 --
The board of county commissioners has always had a number of duties
concerned with military affairs. Formerly it was in charge of preparing
the lists of those persons liable to military service, determining who were
exempt, and imposing and collecting a tax or fine for exenlption.146 Its
present military functions are concerned chiefly with expenditures which it
may make. It is required to provide funerals for veterans 146 and the
widows of veterans I47 who die in the county, supply headstones for
veterans’ graves,14R finance the registration of such graves,14” buy new
flags for them every year,150 and see that they are kept in good order.lK1
Every year for Memorial Day the board must appropriate $50 to every
G.A.R. post in the county with the exception of those located in third-class
cities. Similar appropriations are made to organizations taking the place
of former G.A.R. posts. The money is used for grave decoration and if
more than 500 graves are cared for by one organization it receives $100.16*
The county commissioners likewise make appropriations to other veterans’
1’S 1777, IX St. at L. 49; 1777, IX St. at L. 124 sec. 1; 1799, XVI St. at L. 276 see.
1; 1802 P. L. 207 sec. 1; 1822, 7 Sm. L. 607 sec. 71; 1849 P. L. 665 sees. 5, 6, 8, 10;
1858 P. L. 421 rep. 1887 P. L. 23 sec. 135; 1887 P. L. 23 sets. 111-120; 1899 P. L. 266
sets. 3-8 rep. 1921 P. L. 54 No. 27.
lB1885 P. L. 17 sec. 1 am. 1909 P. L. 152 sec. 1 further am. 1911 P. L. 875 sec. 1
rep. 1915 P. L. 870 sec. 8 but reen. in sec. 1 am. 1917 P. L. 77 No. 40 further am. 1919
P. L. 294 sec. 1 further am. 1919 P. L. 519 sec. 1 further am. 1921 P. L. 268 No. 134
sec. 1 further am. 1923 P. L. 971 sec. 1 sup. 1925 P. L. 676 am. 1929 P. L. 611 sec. 1
rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 422 am. 1933 P. L. 955 sec. 1 further
am. 1935 P. L. 683 sec. 2; 1929 P. L. 1278 sets. 424, 425; Long v. Centre County,
18 Dist. 717 (1908) ; Aftovwy General’s Opinio~zs, vol. 1923-24, pp. 393-395.
I” 1915 P. L. 132 am. 1917 P. L. 78 No. 41 rep. 1923 P. L. 60 sec. 4. (The law of
1915 made this expenditure optional. The amendment of 1917 made it compulsory).
1923 P. L. 60 sec. 1 sup. 1925 P. L. 676 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen.
in sec. 423 am. 1933 P. L. 956 further am. 1935 P. L. 683 sec. 3.
‘a 1885 P. L. 17 sec. 4 rep. 1915 P. L. 870 sec. 8 but reen. in sec. 5 am. 1921 P. L.
473 sec. 5 am. 1923 P. L. 82 sec. 1 further am. 1923 P. L. 937 sec. 1 sup. 1925 P. L.
676 sec. 6 rep. 1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sec. 426 am. 1931 P. L. 401
sec. 1 further am. 1933 P. L. 957 further am. 1935 P. L. 683 sec. 5 further am. 1939
P. L. 339 sec. 1; Attorney Gepberal’s Opinion’s, vol. 1895-96, p. 107.
“4’1929 P. L. 609 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 439 added 1931
P. L. 401 sec. 16 am. 1935 P. L. 683 sec. 8 further am. 1937 P. L. 329.
m 1923 P. L. 88 No. 62 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 432 am.
1933 P. L. 955 sec. 2 further am. 1935 P. L. 683 sec. 7.
1m 1929 P. L. 1278 sec. 428 added 1931 P. L. 401 sec. 15 am. 1935 P. L. 683 sec. 6.
‘“1907 P. L. 22 sec. 1 am. 1917 P. L. 299 further am. 1921 P. L. 897 No. 313 sec. 1
further am. 1927 P. L. 812 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 430.
110 COUNTY GOVERNMENT
organizations for the same purpose.1153 During the Civil War special laws
authorized the commissioners of several of the counties to pay bounties
to men who enlisted in the Union Army.154
Another duty, once very important but now almost negligible SO far as
the commissioners are concerned, is the payment of bounties for the de-
struction of undesirable birds and animals. It has already been noted that
this was a duty of the administrative authorities of the county even before
the office of commissioner was established ; the responsibility soon devolved
upon the commissioners. Is5 Since that time numerous laws have been passed
providing that anyone who killed any noxious animals such as wolves,
squirrels, panthers, wildcats, foxes, minks, weasels, hawks, and owls should
take the pelt to a justice of the peace and give affidavit as to the time and
place of killing the animal or bird. The justice mutilated the pelt in such
a way that it could not again be used to claim a bounty and gave the ap-
plicant a certificate entitling him to collect the. premium set by law -for
destroying the animal or bircl.15” In addition to the general laws on the
subject, many counties had local laws to cover special situations. Beginning
in 1907 the State began to reimburse the counties for bounties paid on
wildcats, foxes, weasels, and minks. 15? After 1915, the State paid bounties
directly,ls8 using for this purpose money secured from hunting license
fees.lsg
The last general law authorizing the county commissioners to pay
bounties remained on the statute books until 1927.1a0 Recently, however,
an exception has been made to the usual situation that the State alone pays
bounties. The county commissioners of sixth, seventh, and eighth-class
‘“s1929 P. L. 1278 sec. 431.
I” Some examples of these laws include 1864 P. L. 965 (Berks) ; 1864 P. L. 798
(Montgomery) ; 1864 P. L. 753 (Chester).
lM 1717-18, III St. at L. 175 sec. 3; 1724-25, IV St. at L. 10 sec. 5.
lw 1748-49, V St. at L. 68 am. 1749-50, V St. at L. 97; 1779, IX St. at L. 402 sec. 3 :
1782, X St. at L. 460 rep. 1806, P.L. 411, 4 Sm.L. 288 sec. 2 sup. in sec. 1 am. 1907
P.L. 3, 4 Sm.L. 3.57 sup. 1819 P.L. 114, 7 Sm.L. 173 rep. in par. 1844 P.L. 190,
wholly rep. 1885 P. L. 141 sec. 5 reen. in am. form in sets. 1-4 rep. 1887 P. L. 116 sec.
2 reen. in am. form in sec. 1 am. 1889 P. L. 54 am. 1897 P. L. 233 sec. 5 rep. 1927
P. L. 776 No. 404.
‘“‘1907 P.L. 60 sec. 1 sup. 1913 P.L. 1036 rep. 1915 P.L. 126 sec. 8.
I68 1915 P. L. 126 sets. l-4 rep. 1923 P. L. 359 sec. 1301, XXXVII but reen. in sets.
1001-1003 rep. 1937 P. L. 1225 sec. 1501, IV but reen in sec. 1101-1105.
“’ 1913 P. L. 85 sec. 12 am. 1917 P. L. 796 sec. 1 rep. 1923 P. L. 359 sec. 1301.
I80 1927 P. L. 776 No. 404.
COUNTY COMMISSI\)NERS 111
counties may pay 50 cents for each porcupine killed within the county, and
$1 for every rattlesnake and copperhead.lS1
Before the Free School Act lo2 was put into effect, the commissioners
had to pay for the education of all poor children of the county. In fact,
in a few places where that law was not accepted, this system continued in
effect until 1854 when a new Common School Act was passed. Under the
act of 1854 schools were supported by taxes levied by the school boards.lf13
At present the only educational expenses which must be paid by the county
are those concerned with the county teachers’ institute, the expenses of
which are taken from county funds.B’i From 1911 until 1933 the county
also compensated the teachers for attending the institute, but now this ex-
pense is the responsibility of the local school districts.‘G5 The commission-
ers are required to provide the county superintendent of schools with an
office, storage space, and various supplies.lG6
The compensation of owners of sheep and livestock destroyed by dogs
was formerly a duty of the county commissioners. In many counties special
laws passed in the early part of the nineteenth century required that a tax
be paid on each dog living in the county. The money thus realized was
known as the “dog fund” and was used to pay damages to owners of sheep
destroyed by dogs. In 1578 a general law was passed which contained
similar provisions. Each county without a special law on the subject was
permitted to vote whether to accept the provisions of the Dog Law of
1878.167 Under this law any money left in the dog fund at the end of the
year was given to the school funds of the individual boroughs and town-
ships in proportion to the dog tax collected in each municipality.168 A law
of 1889 made the assessment of dogs and the payment of damages in
counties without special laws a wholly municipal function.*Ga But in 1893
it again became a county responsibility when provisions similar to the 1873
“‘1929 P. L. 1278 sec. 491.1 added 1937 P. L. 1190 sec. 1.
“‘1834 P. L. 170 No. 102; 1836 P. L. 525.
‘O 1804, XVII St. at L. 720 ch. 2565 sec. 2 (in effect for 3 years) ; 1809, 5 Sm. L.
73; 1824 P. L. 137 sec. 67 rep. 1826 P. L. 52 and act of 1809 revived, sup. 1854
P. L. 617.
I” 1911 P. L. 309 sec. 2102 am. 1933 P. L. 1152 sec. 12 further am. 1935 P. L. 1204.
lBJ 1911 P. L. 309 sec. 2104 am. 1933 P. L. 1152 sec. 12. (Prior to 1911 the school
boards also paid this expense, 1887 P. L. 20).
1B6l9ll P. L. 309 sec. 1125 am. 1913 P. L. 129 No. 85.
lfl 1878 P. L. 198 No. 131 rep. 1917 P. L. 818 sec. 41.
Ia 1878 P. L. 198 No. 131 sec. 8.
“‘1889 P. L. 222 rep. 1917 P. L. 818 sec. 41.
‘112 COUNTY GOVERNMENT -_____
law were adopted. The act of 1893 was compulsory for all counties with-
out special laws, and money remaining in the dog fund at the end of the
year went into the general county funds.l’O Since 1921, however, the State
through the county treasurers has collected the dog tax in all counties.
Damages to livestock and poultry and damages from the bite of a mad dog
are paid by the State Department of Agriculture I?1 from the dog fund.172
A law of 1901 provided that in all counties with a population of less
than 150,000 the county commissioners should establish a law library to
be supported by one-half of the fines and forfeitures to which the county
is entitled.lT3 In 1903 the provisions of this act were extended to all coun-
ties.174 After a law library is set up, however, the commissioners have no
authority over it, for it is under the supervision of a committee of five
members of the bar appointed by the court.li5 Since 1913 the commission-
ers have been required to appropriate additional money to the law library
as directed by the president judge.l’” They may also make additional ap-
propriations for the library. 171 Today fines and forfeitures are applied to
the law library in the proportion directed by the court.17s
From 1907 until 1917 the county commissioners were obliged to pay to
the county agricultural associations definite amounts of money to cover
the prizes given at agricultural fairs. *7s The State repaid to the commis-
sioners the money which they had expended.lEo Since 1917 the State has
given this money directly to the associations.
“’ 1893 P. L. 136 No. 88 am. 1901 P. L. 92 further am. 1905 P. L. 28 further am.
1911 P. L. 968 sets. 1, 2 further am. 1915 P. L. 791 rep. 1917 P. L. 818 sec. 41 reen.
as am. in sees. 4, 5, 15, 16, 28, 31, 34 rep. 1921 P. L. 522 sec. 43.
“I 1921 P. L. 522 sec. 26 am. 1923 P. L. 16 sec. 2 further am. 1927 P. L. 833 sec. 12
further am. 1929 P. L. 1713 sec. 1 further am. 1931 P. L. 311 furt,her am. 1933 P. L.
1036 sec. 2 further am. 1935 P. L. 219 sec. 4.
Ii’ 1921 P. L. 522 sec. 29 am. 1923 P. L. 16 sec. 5 further am. 1927 P. L. 833 sec. 14
further am. 1931 P. L. 311 sec. 2 further am. 1933 P. L. 1036 sec. 4 further am. 1935
P. L. 219 sec. 4.
IT3 1901 P. L. 165 sets. 1, 2.
“’ 1903 P. L. 53.
I” 1901 P. L. 165 sec. 2; 1929 P. L. 1278 sec. 481.
“’ 1901 P. L. 165 sec. 2 am. 1913 P. L. 450 No. 299; 1929 P. L. 1278 sec. 481.
I” 1929 P. L. 1278 sec. 482.
“‘Ibid., sec. 483 am. 1931 P.L. 401 sec. 1; 1923 P.L. 941 sec. 1 rep. 1929 P.L.
1278 sec. 1051 but reen. in sec. 484.
lT8 1907 P. L. 702 am, 1911 P. L. 58 sec. 1 further am. 1913 P. L. 420 No. 279 rep.
1915 P. L. 1035 sec. 8 but reen. in sec. 1-7 rep. 1917 P. L. 1195 sec. 8.
““1917 P. L. 1195 sets. l-7.-
COUNTY COMMISSIONERS 113 _-----
In addition to these things which the board of county commissioners are
required to provide for the county at large or for certain classes of its
people, there are numerous appropriations which they may make either at
their own discretion or at the bidding of the court, the grand jury, the
eIectorate, or a combination of these agencies. On its otin responsibility
the board may levy a tax of not more than 2 mills on the dollar for road
construction and repairs Is1 and may borrow up to 2 percent of the as-
sessed valuation of the county for the same purpose,18z It may take over
and maintain borough and township roads and bridges,lS3 rebuild destroyed
bridges, including those not originally county bridges,Is4 and aid in the
construction and repair of local roads and bridges.ls6 The board is allowed
to enter into contracts with the Department of Highways under which it
contributes money to the Department for the construction and improvement
of more mileage in the county than could be taken care of otherwise with
Commonwealth money. In such cases the Highway Department consults
with the commissioners concerning the roads to be improved.lss The com-
missioners are permitted to procure the right of way of any abandoned
railroad for future use as a road by the county.1s7
When the commissioners have been authorized to build a county hridge
they may construct a pedestrian bridge if they believe that such a structure
alone will care for all the needs of traffic in that location.lss They are
allowed to build dikes, causeways, banks, and sluiceways to protect a county
bridge from flood.‘s9
la1 1929 P. L. 1278 sec. 875 am. 1933 P. L. 959.
‘8z1901 P.L. 631 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 876 am. 1937 P.L.
942 sec. 3.
B31891 P. L. 31 am. 1915 P. L. 639 further am. 1917 P. L. 807 rep. 1929 P. L. 1278
sec. 1051; 1897 P. L. 103 rep. 1929 P. L. 1278 sec. 1051; 1899 P. L. 91 rep. 1929 P. L.
1278 see. 1051; 1903 P. L. 323 No. 253 rep. 1929 P. L. 1278 sec. 1051; 1909 P. L. 494
rep. 1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sets. 757, 758, 831, 832, 903.
“1897 P. L. 46 and 1881 P. L. 67 No. 71 am. 1891 P. L. 305 further am, 1895 P. L.
39; both acts rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 821, 822; 1929 P. L. 1278
sec. 732 am. 1937 P. L. 942 sec. 3.
“’ 1879 P. L, 146 sec. 1 am. 1887 P. L. 268 further am. 1903 P. L. 74 No. 72 further
am. 1911 P. L. 970 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 755 am. 1935
P. L. 1037; 1929 P. L. 1278 sets 951-958.
la81929 P. L. 1052 sets. 2, 3.
W 1929 P. L. 1278 sec. 871.1 added 1931 P. L. 401 sec. 22.
m 1911 P. L. 1048 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 731.
““191i P.L. 19 rep. 1929 P.L. i278 sec. 1051 but reen. in sec. 717 am. 1931 P.L.
401 sec. 1.
0
114 COUNTY GOVERNMENT
County associations of township supervisors, commissioners, and other
persons concerned with the upkeep of roads have been formed since 1913.
The county commissioners may attend these meetings, but they are not
permitted to vote. Moreover, except in the case of first-class townships,
the county pays the limited expenses of the meeting.lO”
County commissioners may appropriate and borrow money for flood con-
trol work lgl and may aid subordinate political divisions in building sewers
and sewage treatment plants *W and in constructing airports.ls3 They may
appropriate money for repairing, preserving, and maintaining any public
monument located within the county,l”’ and may join with the county seat
in the erection of a joint county and municipal building.lQ6 Also in con-
junction with the county seat or any city or borough containing 10,000 or
more inhabitants, the commissioners may construct and maintain comfort
stations.*SE They are permitted to install ornamental illumination for the
street on which the courthouse is located.ls7
The county commissioners are empowered to establish various recreation
facilities such as parks, playgrounds, and swimming po01s.~~~ Bonds may
be issued and an extra tax levied to finance the purchase of property to
be used for these purposes and for other expenses concerned with these
county recreation areas.lQ8 Auditoriums and libraries may be set up by the
commissioners.2oo They may provide a digest of the laws and court de-
‘““1913 P. L. 159 No. 109 rep. 1917 P. L. 840 sec. 1500 but reen. in sets. 195-198
rep. as to first-class twps. 1931 P. L. 1206 sec. 3,501 but reen. as am. in sets. 610-612;
the act of 1917 was rep. as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in
sets. 601-604.
“’ 1911 P. L. 260 rep. 1929 P. L. ln8 sec. 1051 but reen. as am. in sec. 461.
aa 1915 P. L. 852 rep. 1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sec. 448 added 1931
P. L. 401 sec. 17.
la*1929 P. L. 1278 No. 446 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 493
added 1931 P. L. 401 sec. 18.
Is’ 1915 P. L. 33 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 603.
lffi 1913 P. L. 96 sec. 1 am. 1915 P. L. 12 sec. 1; 1919 P. L. 130.
I *RI 1915 P. L. 174 rep. 1929 P. L. 1278 sec. 1051; 1919 P. L. 761 rep. 1929 P. L. 1278
sec. 1051 but reen. in sec. 580 am. 1931 P.L. 401 sec. 1 further am. 1937 P.L. 1622. I
I W’ 1925 P. L. 118 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 576.
I - ‘- 1919 P. L. 784 No. 322 sec. 1 am. 1927 P. L. 56 sec. 1 further am. 1929 P. L.
I 1278 sec. 650 further am. 1935 P. L. 46 sec. 1.
I *” 1929 P. L. 1278 see. 670 am. 1937 P. L. 942 sec. 1.
I m 1917 P. L. 1143 ; 1925 P. L. 340 rep, 1929 P. L. 1278 sec. 1051 but reen. in ~ecs
605608.
COUNTY COMMISSIONERS 115
cisions of Pennsylvania to be available at all reasonable times to justices
of the peace.2o1 The county commissioners may set up and manage a county
children’s home *02 or an industrial children’s home.203 They are permitted
to establish and maintain a school for children under the jurisdiction of the
juvenile court. Such schools are under the supervision of boards of man-
agers, appointed by the court of common pleas.2o4 A contagious disease
hospital may also be set up by the county commissioners.2o5 In third-class
counties the commissioners may contribute money to general hospitals to
which they send indigents suffering from contagious diseases. The money
may be used for the construction of better facilities for the treatment of
such illnesses.2o6 In addition, the county commissioners are authorized to
set up a county home for delinquent women 207 and to have additional build-
ings constructed on the almshouse grounds.208
A law of 1913 permitted any county to participate in the mothers’ as-
sistance plan if the commissioners appropriated an arount equal to that
contributed by the State.2oo Subsequent laws -provldmg for old age 210
and blind 211 pensions paid with State and Federal funds required that oper-
ating expenses be borne by the county commissioners. But since all of these
acts were repealed by the Public Assistance Law the county no longer pro-
vides for any part of the work.212
Various miscellaneous appropriations may be made by the county com-
missioners. FOJ- instance, they are allowed to appropriate a limited amount
*” 1929 P. L. 1278 sec. 485.
m2 1921 P. L. 489; 1921 P. L. 666 No. 281 am. 1931 P. L. 22 No. 21; 1929 P. L.
1278 sets. 611-614.
W 1921 P. L. 1030. See essay on Homes for Dependent and Delinquent Children.
“41917 P. L. 693. See essay on Homes for Dependent and Delinquept Children.
“‘1917 P. L. 297 sec. 2 supp. 1925 P. L. 3 sec. 1 rep. 1929 P. L. 1278 sec. 1051
but reen. in sets. 617, 621; 1919 P.L. 255 sec. 1.
‘“1939 P. L. 337.
w 1927 P. L. 24 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 635.
‘“* 1929 P. L. 1278 sec. 615.
2o”1913 P. L. 118 am. 1915 P. L. 1038 rep. 1919 P. L. 893 sec. 19 but reen. in sets.
l-18 am. 1923 P. L. 307 further am. 1936 (Sp. Sess.) P. L. 118.
2x’ 1933-34 (Sp. Sess.) P. L. 282 rep. 1936 (Sp. Sess.) P. L. 28 sec. 25 reen. as am.
in sets. 1-24 further am. 1937 P. L. 2049. -4 former Old Age Assistance Act, 1923
P. L. 189 provided that assistance payments be made by the State and administration
costs be borne by the county. This law was declared unconstitutional, Busser V. SKY-
der, 28 Pa. 440 (1926).
911 1933-34 (Sp. Sess.) P. L. 246 rep. 1935 P. L. 621 No. 220 sec. 16 but reen. as am
in sets. I-15, 17.
‘- 1937 P. L. 2051. See essay on Board of Assistance.
116 COUNTY GOVERNMENT
to pay their expenses at the annual meeting of the State Association of
County Commissioners. Their clerk and solicitor may accompany them to
these meetings. 213 They may purchase burial ground for veterans,‘14 and
offer and pay rewards for the apprehension of criminals.*16 The county
commissioners are permitted to make appropriations to various organiza-
tions such as charitable hospitals and homes for children,*l” tuberculosis
societies,217 agricultural and horticultural societies,218 societies for the pre-
vention of cruelty to animals,“” and county historical societies.220 They
may also pay wholly or in part for the writing of a county war history.**l
Appropriations for health work may be made in cooperation with the State
Department of Health and the boroughs and first-class townships of the
county.*”
The county commissioners are permitted to help support a National
Guard company 223 or an armory,224 and in time of war may appropriate
money to civilian rifle clubs. 225 Appropriations may also be made to build
war monuments 22G furnish rooms for any of the veterans’ organizations,‘*’ 9
or aid any naval reserve unit or amateur radio league.228
The board of county commissioners may contribute as much as $5,000
‘I* 1913 P.L. 199 am. 1917 P.L. 202 sec. 1 further am. 1921 P.L. 76 sec. 1 rep.
1929 P. L. 1278 sec. 1051 but reen. in sets. 71, 72.
‘“1915 P. L. 870 sec. 7 rep. 1921 P. L. 473 sec. 8 but reen. in sec. 7 sup. 1925 P. L.
676 sec. 7 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 427.
2’S 1821 P. L. 90, 7 Sm. L. 358 (this act provides only for the apprehension of horse
thieves) ; 1889 P. L. 23 No, 22 sec. 1 rep. 1929 P. L. 1278 sec. 1051; 1889 P. L. 132
No. 147 sec. 1 am. 1919 P. L. 41 No. 31 sec. 1 rep. 1929 P. L. 1278 sec. 1051; 1929
P. L. 1278 sec. 491.
*” 1915 P. L. 532 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 441 am. 1931 P. L.
401 sec. 1.
=’ 1915 P. L. 193; 1929 P. L. 1278 sec. 442.
218 1851 P.L. 289 sec. 1 sup. 1923 P.L. 77 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but
reen. in sec. 445.
‘lo 1921 P. L. 132 No. 80 sup. 1929 P. L. 1278 sec. 443.
w19O1 P. L. 274 am. 1915 P. L. 36 No. 20 further am. 1919 P. L. 101 rep. 1929
P. L. 1278 sec. 1051 but reen. in sec. 437.
2211923 P. L. 688 No. 283 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 436.
2321925 P. L..34 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 447.
2’13 1929 P. L. 1278 sec. 412 am. 1937 P. L. 42.
“‘1909 P. L. 33 No. 15 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 411.
zzJ 1917 P. L. 750 rep. 1929 P. L. 1278 sec. 1051 but reen in sec. 413.
ne 1919 P. L. 374 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 590, 591.
zzT1919 P. L. 784 No. 321 rep. 1929 P. L. 1278 sec. 1051 but reen in sec. 560.
“‘1929 P. L. 1278 sec. 450 added 1937 P. L. 1968 sec. 1.
COUNTY COMMISSIONERS 117
annually for agricultural extension work **O and may make appropriations
for the suppression of animal and plant diseases in cooperation with the
State Department of Agriculture. XJO It is permitted to purchase real estate
which seems suitable for use for an agricultural fair and if it is not used
for that purpose within 5 years the board may sell it with the approval of
the court of common pleas, 231 The commissioners of fourth-class counties
may appropriate money to any State park or to the State Park and Harbor
Commission for the construction, improvement, and maintenance of roads
within a State park.232
Certain other appropriations and purchases may be made by the county
only if approval is granted by one or more agencies. On recommendation
of the grand jury and approval of the court, the commissioners may con-
struct a building for the custody of vagrants,233 enlarge county bridges,234
and aid townships to eliminate grade crossings.235 With the consent of two
successive grand juries, the commissioners are allowed to establish a work-
house 236 or morgue. 237 Formerly this approval was required before the
coun,ty commissioners could purchase land for county buildings,238 but
today consent of the court alone is sufficient.2”0
When a stipulated number of citizens petition the commission’ers for the
establishment or construction of a certain institution, the matter is voted
upon by the electorate, and if approved, the commissioners provide the
innovation. This procedure is adopted in the case of the building of canals
or waterways,240 the construction of memorial halls,*‘l the erection or
z’sl9l3 P. L. 204 am. 1919 P. L. 90 further am. 1929 P. L. 545 rep. 1429 P. L. 1278
sec. 1051 but reen. in sec. 444 am. 1931 P. L. 401 sec. 1.
- 1o 1923 P. L. 73 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 446 am. 1935
P. L. 226.
~~‘1937 P. L. 2612.
=‘1925 P. L. 11.
m 1876 P. L. 154 sec. 6.
=1929 P. L. 1278 sec. 732 am. 1931 P. L. 401 sec. 1 further am. 1937 P. L. 942
sec. 2.
WE 1903 P. L. 164 No. 123.
=a 1767, 1 Sm.L. 268 sets. 4-6; 1895 P.L. 377 No. 269; 1929 P.L. 1278 sec. 568.
“‘1893 P.L. 457 sec. 1 par. 1 am. 1899 P.L. 52.
‘38 1883 P. L. 58 sec. 1 am. 1911 P. L. 1039 further am. 1921 P. L. 271 rep. 1929
‘P. L. 1278 sec. 1051.
zl9 1929 P. L. 1278 sec. 566.
pM 1929 P. L. 1278 sets. 471-477.
%1907 P. L. 148 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 592-600; 1909
P. L. 18 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 601, 602.
118 COUNTY GOVERNMENT
completion of soldiers’ monuments,24’ the purchase and freeing of toll
roads and bridges, 243 the construction of a county tuberculosis hospital 244
or hospital for women with nervous diseases,24s and the setting up of a
county mosquito extermination commission.24B
The county commissioners have always held a number of ex officio posi-
tions. As has been mentioned, except in third-class counties they form a
board of revision for tax assessments. 247 From 1835 until 1842 they con-
stituted a board to appraise all land on which any purchase money was due
the State.z48 Between 1805 and 1867 they, with the sheriff, took charge
c of filling the jury wheel and drawing the names of jurors.24s Now, how-
ever, the jury commissioners have been given all the duties of the county
commissioners in this respect.2jo The county commissioners are official
visitors of the State penitentiaries. 261 Since 1935 they have been allowed
to act as “authorities” to enter into contracts with the Federal Govern-
men or any of its agencies. 252 In most counties the commissioners, with
the treasurer and the controller or auditors, have been organized as a
county sinking fund commissionzC3
The county commissioners have been given powers which have placed
them in charge of elections. Various acts have required them to provide -___
I
“’ 1895 P. L. 96 sec. 1 am. 1901 P. L. IS4 further am. 1903 P. L. 136 No. 97 further
am. 1911 P. L. 53 further am. 1915 P. L. 487 rep. 1929 P. L. 1278 sec. 1051; 1913
P. L. 207 No. 145 rep. 1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sec. 592.
2e 1876 P.L. 131; 1899 P.L. 79 sets. 1, 8; 1909 P.L. 69 No. 41 sets. 1, 8;. 1909
P. L. 73; 1911 P. L. 109 sec. 1; 1919 P. L. 199, all rep. 1929 P. L. 1278 sec. 1051 but
reen. in sets. 811-813; 1929 P. L. 1278 sec. 941.
*& 1921 P. L. 944 rep. 1925 P. L. 65 sec. 14 reen. as am. in sets. l-13 rep. 1929
P. L. 1278 sec. 1051 but reen. in sets. 622-633.
2M 1929 P. L. 38.
‘““1935 P. L. 641.
“’ 1715, III St. at L. 83 sec. 2 ; 1724-2.5, IV St. at L. 10 sec. 7; 1799, 3 Sm. L. 393
sets. 8, 9 sup. 1834 P. L. 509 sets. S-10 rep. 1933 P. L. 853 sec. 601 but reen. in sets.
501-510; 1841 P. L. 441 sec. 10 am. 1844 P. L. 501 rep. 1933 P. L. 853 sec. 601 but
reen. in sec. 501.
W.1835 P. L. 148 sec. 1.
“‘“1805, 4 Sm. L. 237 sec. 1 sup. 1834 P. L. 333 sec. 79.
a60 1867 P. L. 62.
261 1829 P. L. 341 sec. 8 art. VII.
ZJZ’ 1935 P. L. 463 am. 1937 P. L. 739 further am. 1939 P. L. 167.
‘@ 1911 P.L. 256 sec. 1 (applied only to counties with a population of 150,000 to
250,000) sup. for all counties 1911 P. L. 895 sec. 1 rep. 1929 P. L. 1278 sec. 1051
but reen. in sec. 395. See essay on Sinking Fund Commission.
COUNTY COMMISSIONERS 119
supplies and official lists, appoint custodians, and select polling p!aces.254
In 1935 the commissioners became the registration commission for regis-
tering voters in third-class cities,255 while 2 years later they began to per-
form the same duties for boroughs and townships.266 In 19,37 all other
election duties were given to the county board of elections, composed
solely of the county commissioners.267
Some of the ex officio positions of the county commissioners vary in
counties of different classes. In counties of the third to sixth classes in-
clusive, they belong to the salary board, which is composed of the com-
missioners and the treasurer in sixth-class counties,26s and of the com-
missioners and controller 25s in the remaining counties. In third and fourth-
class counties without special laws to the contrary, the commissioners, to-
gether with the controller, sheriff, district attorney, and quarter sessions
judges act as a board of inspectors of the county jail or prison.26o In fifth-
class &unties the commissioners alone act as a prison board,261 and in
counties of the sixth, seventh, and eighth classes, the commissioners and
the sheriff form a board for the employment of prisoners.262 The com-
missioners of third-class counties are members of the board of managers
of the house of detention.263
The responsibilities of the county ,commissioners in reference to the
poor of the county, although now uniform throughout the State, formerly
varied widely from county to county. Originally indigent persons were
cared for by the respective boroughs and townships, in each of which two
m 1876 P. L. 136 sec. 1 rep. 1937 P. L. 1333 sec. 1901; 1893 P. L. 419 sets. 1, 9, 1.1,
12, 16, 19, 23 rep. 1937 P. L. 1333 sec. 1901.
“‘1935 P. L. 478 No. 195 sec. 3 rep. 1937 P. L. 849 sec. 47(a) but reen. in sec.
3 (a). See essay on Registration Commission.
=’ 1937 P. L. 487 sec. 3(a). See essay on Registration Commission.
26’ 1937 P. L. 1333 sec. 301 (b). See essay on Board of Elections.
I* 1923 P. L. 944 sec. 5 am. 1933 P. L. 250 further am. 1937 P. L. 567.
W 1876 P. L. 13 sec. 7 rep. 1879 P. L. 72 sec. 1 but the repealing sec. itself rep.
1883 P. L. 182 sec. 1 (except in first-class cities) ; 1921 P. L. 1006 sec. 7; 1923 P. L.
1054 sec. 7 (the last two acts provide that in fifth-class countries the controller or
auditors shall act with the commissioners in this capacity). But 1929 P. L. 1278 sec.
131 am. 1931 P. L. 401 sec. 1 requires the office of controller be established in fifth-
class counties. See essay on Salary Board.
‘“1921 P. L. 579 sec. 1. See essay on Prison Authorities.
“I 1921 P. L. 470. See essay on Prison Authorities.
*” 1899 P. L. 89 sec. 3 (this act made the president judge a member of tiis board)
rep. 1907 P. L. 247 sec. 8 reen. as am. in sets. 3, 4. See essay on Prison Authorities
‘= 1921 P. L. 840 sec. 1. See essay on Juvenile Detention Home.
, i
120 COUNTY GOVERNMENT /
overseers of the poor were chosen by the justices of the peace.2B4 After
1809 overseers were elected.2s6 In some counties, particularly in the north-
ern and central parts of the State, this system continued in force until
1937. From 1798 until 1874, however, special laws were passed for many
counties providing that poor relief be administered on a county-wide basis,
under the supervision of elected poor directors. Such laws were in effect
in virtually all the counties in the southern half of the State. The general
poor laws of 1879 26E and 1925 ‘M attempted to make every county a
separate poor district, administered either by the elected poor directors
provided for in special laws or by the county commissioners. The latter
plan was adopted chiefly in the northern and western sections of Penn-
sylvania. Still other systems were used in Westmoreland and Erie coun-
ties, and three large poor districts extending across county lines were in
existence in the anthracite coal region.2ss A uniform system for the ad-
ministration of poor relief in Pennsylvania was established in 1937 ‘through
the mandatory County Institution District Law. Every county now forms
an institution district and all poor districts are abolished. The county
commissioners, acting as the county institution district board, are the
administrative officers and receive no additional compensation for their
services in this capacity except in seventh and eighth-class counties where
each commissioner annually receives an additional sum of $800 and $300
respectively.2s0
Wide powers of appointing and removing 270 county officers and em-
ployees have been given to the county commissioners. They were early
required to appoint a clerk to keep their records and accounts, record their
minutes, and attest all orders and warrants issued by them.2T1 They select
all employees of the courthouse and its grounds,272 and may name one or
‘BL 1771, VIII St. at L. 75 sec. 1.
238 1809, 5 Sm. L. 18 sec. 1.
2w 1879 P. L. 78.
“’ 1925 P. L. 762.
268 Poor Relief Administration pp. 14-24.
‘““1937 P. L. 2017 sets. 301-304. See essay on Institution District Board.
‘To Smith v. Philadelphia County, 2 Pars. 293 (1851).
gn1715, III St. at L. 83 sec. 7 (this statute permitted the commissioners to appoint
a clerk; subsequent laws require them to do so) ; 1799, 3 Sm. L. 393 sets. 11, 12 sup.
1834 P. L. 537 sec. 20 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 109, 110; 1899
P. L. 56 am. 1913 P. L. 161 No. 110 sup. 1929 P. L. 1278 sets. 109, 110; 1891 P. L. 22
No. 16 sec. 1 sup. 1899 P. L. 56 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen. in
sec. 53.
“1895 P. L. 236 NO. 136 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 5.58.
COUNTY COMMISSIONERS 121
more watchmen to guard the county buildings.273 The commissioners ap-
point the employees of most of the commissions, institutions, and boards
which they set up. They choose and fix the salary of the county solicitor,
who handles their legal problems,“4 and in times of unusually difficult or
excessive litiigation, they are authorized to name additional attorneys to
help the solicitor.275 The county engineer is another appointee of the
commissioners who fix his salary and prescribe his exact duties.278 Other . officials selected by the board of county commissioners are a sealer of
weights and measures 27T and a veterans’ grave registrar.278 In most coun-
ties the latter is not a permanent official, but is discontinued after the
veterans’ grave register has been compiled. In some counties the commis-
sioners’ clerk acted as registrar. The commissioners may appoint county
road caretakers to inspect and maintain county roads. These men have
the powers of constables and are provided with badges.27D
In 1846 county commissioners were given the power to appoint mercan-
tile appraisers,2po but since 1919 these officers have been chosen by the
State Auditor General.2S1 From 1870 until 1925 the commissioners selected
wardens to find and punish persons causing forest fires. The county paid
the entire cost of this service until 1897 when the State began to pay half.*“’
At present the State alone employs and pays fire wardens.2E3 Between the
years 1885 and 1921 the commissioners had to appoint in each township
and ward of the county persons to take care of the burial of all honorably
*” 1889 P. L. 139 No. 1.57 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen as am. in
sec. 558.
*“1895 P. L. 101 No. 75 am. 1903 P. L. 11 No. 11 rep. 1929 P. L. 1278 sec. 1051
but reen. in sets. 151, 152. See essay on Solicitor.
2’1Cumberland County v. Belezhoover, 19 Pa. 614 (1897) ; Carpenter v. Northum-
bevland County, 26 Dist. 46 (1916) ; Light v. Lebanon County, 292 Pa. 494 (1928) ;
Maxheim v. Board of County Contnzissiolrers of Venango County, 330 Pa. 95 (1938).
2’S 1919 P. L. 163 ; 1929 P. L. 1278 sets. 166, 167. See essay on Engineer.
*” 1911 P. L. 275 sec. 1 am. 1913 P. L. 960 No. 444 further am. 1917 P. L. 1102.
See essay on Sealer of Weights and Measures.
“‘1929 P. L. 1278 sec. 439 added 1931 P. L. 401 sec. 16 am. 1937 P. L. 329 sec. 1.
““1917 P. L. 137 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 981-984.
Lsu 1846 P.L. 486 sec. 12. See essay on Mercantile Appraiser.
?81 1899 P. L. 184 sec. 3 am. 1919 P. L. 963 sec. 1. Later, mercantile appraisers were
named by the Secretary of Revenue.
“‘1870 P. L. 1316 am. 1897 P. L. 295 sec. 1 rep. 1925 P. L. 88 Nos. 57, 58. See
also 1901 P. L. 119 rep. 1925 P. L. 89 No. 60. (Between 1907 and 1915 the State paid
more than half, see 1907 P. L. 101 sec. 3 rep. 1909 P. L. 514 sec. 2; 1909 P. L. 781
sec. 11 rep. 1915 P. L. 797).
113 1923 P.L. 498 sec. 1602(h) rep. 1929 P.L. 177 sec. 3001 but reen. in sec. 1802(h).
122 COUNTY GOVERNMENT
discharged soldiers, sailors, and marines, who died in the county. These
officials investigated the%ircumstances of all such cases, took care of the
burial, and reported upon their actions to the county commissioners.284
During the period between 1889 and 1929, the commissioners of any
county were allowed to employ detectives ‘-‘for the detection and appre-
hension of any person charged with or perpetrating any felony or aiding
and abetting the same.” After 1919, however, the commissioners rarely
appointed detectives, for not only did such appointments require the ap-
proval of the president judge, but the provisions of the 1889 law were
‘not to apply to any county where a similar power was vested in other
officialsZs5
Other officials whom the county commissioners may appoint are county
health officers,2*6 a park or recreation board,2”7 a planning commission,2””
a housing authority,Z”g and a zoning commissionZQO The commissioners
may determine the manner of appointment of a board of zoning adjust-
ment 201 and may make zoning ordinances.2Q2
In third-class counties the commissioners may establish a county retire-
ment system administered by a retirement. board which consists of the
chairman of the board of county commissioners or his representative, the
controller, and one county employee selected by his fellow employees. In
counties in which the system is in effect all county employees must belong
to the retirement system and county officers may join it if they wish.‘“3
Since the board of county commissioners is the central agency of county
government ?t is expected to prepare various reports concerning its diversi-
fied activities. Many of these reports relate to taxation. The commis-
‘“‘1885 P. L. 17 sets. 1, 2 am. 1909 P. L. i52 sets. 1, 2 further am. 1911 P. L. 875
sets. 1, 2 rep. 1915 P. L. 870 sec. 8 but reen. in sets. 1, 2 am. 1917 P. L. 77 No. 40
rep. 1921 P. L. 473 sec. 8.
2’S 1889 P L. 132 No. 147 am, 1919 P. L. 41 rep. 1929 P. L. 1278 sec. 1051.
wB 1929 P. L. 1278 sec. 447.
‘*‘1919 P. L. 784 No. 322 sets. 2-4 am. 1921 P. L. 484 further am. 1927 P. L. 56
sets. 2-4 further am. 1929 P. L. 1278 sec. 652 am. 1931 P. L. 401 sec. 1 further am.
1935 P. L. 46 sec. 2; 1929 P. L. 1278 sec. 653. See essay on Park or Recreation
Board.
“’ 1929 P. L. 1278 sec. 501 am. 1937 P. L. 2124. See essay on Planning Commission.
288 1937 P. L. 955 sec. 5.
280 1929 P. L. 1275 sec. 510.2 added 1937 P. L. 2129 sec. 3. See essay on Zoning
Commission and Board of Zoning Adjustment.
181 1929 P. L. 1278 sec. 510.10 added 1937 P. L. 2129 sec. 3.
z8?1929 P. L. 1278 sec. 410 added 1937 P. L. 2129 sec. 1.
~1937 P.L. 1625. See essay on Retirement Board.
COUNTY COMMISSIONERS 123
sioners prepare a statement for the prothonotary noting the amount of
taxes due and unpaid by each tax collector,2Q4 and they furnish the county
treasurer with the names of the tax collectors and the amount for which
each is responsible. 285 The commissioners make an annual statement for
the Secretary of Internal Affairs of all property taxable for county pur-
poses *06 and for the State Treasurer of all property taxable for State
purposes. “’ A list of all the taxable inhabitants of the county must be
sent to the Governor and a duplicate to the court of quarter sessions.““*
Extensive reports are sent to the Department of Internal Affairs. The
president of the board of county commissioners notifies the Department
of all proceedings for incurring or increasing county indebtedness except
l-year notes in anticipation of revenue. w The commissioners send to the
Department an annual record of all taxes paid in the county and its subor-
dinate political divisions.300 They furnish to the Department of Internal
Affairs any information which it requests concerning the assessing and
collecting of taxes. 301 They prepare an annual report for the Secretary of
the Commonwealth stating county expenditures for all matters pertaining
to crime, including expenses for the criminal courts and for forfeited
bonds.302 Twice a year the commissioners make a report to the Depart-
ment of Revenue showing the receipt and disbursement of all money re-
ceived during the preceding 6 months as the county’s share of the liquid
fuels tax fund. Further payments to the county are withheld until this
report is filed.3o3
Between 1887 and 1895 the commissioners of every county on the border
of the State were responsible for the care of State boundary markers.
They had to make a periodic inspection and transmit to the Department
of Internal Affairs a detailed report on the condition of the markers.304
*84 1835 P. L..45 sec. 3; 1885 P. L. 187 sec. 11 rep. 1937 P. L. 2780 sec. 7 but reen.
in sec. 1.
28(1 1835 P.L. 45 sec. 3.
288 1874 P. L. 193 sec. 1.
*w 1878 P. L. 126 sec. 2.
288 1821, 7 Sm. L. 341 sets. 2, 3 (1779, IX St. at L. 326 sec. 1 required that this list
be sent to the assembly).
m 1929 P. L. 91 sec. 3 am. 1933 P. L. 97.
800 1889 P. L. 157 sees. 1, 2.
ao1 1919 P. L. 239 sec. 1.
m1847 P. L. 172 sec. 3.
808 1931 P. L. 149 sec. 10 am. 1935 P. L. 412 further am. 1939 P. L. 634.
8oL 1887 P. L. 133 am. 1889 P. L. 63 sec. 2 rep. 1895 P. L. 61.
1
124 COUNTY GOVERNMENT
The county. commissioners were made responsibld for having various
list made. The law requires that they have a census made every 7 years 305
with the deaf and dumb 306 and the blind So’ noted separately. One copy
is to be sent to the Governor 3o8 and another to the court of quarter ses-
sions.30s The tax lists were used as a basis for preparing voting lists.3*0
From 1819 until 1822 the commissioners had to send to the legislature
transcripts of the county receipts and expenditures.311 Until 1909 they
were obliged to publish annually a full and accurate statement of all the
receipts and disbursements of the county during the preceding year.312
The commissioners’ minute book, fiscal records, and other documents are
open to the public.313
Records.
The records of the board of county commissioners are described below :
Minutes.
GENERAL ADMINISTRATION
Commissioners’ Minute Book, 1715-. (In.counties established after
1715 this record has been kept since the date of erection of the
county.) Title varies : County Commissioners’. Record Book ;
Commissioners’ Day Book; Record.
This is a record of all meetings of the county commissioners and is kept
by the commissioners’ clerk. It shows the resolutions made, the motions
on bills, and all business transacted, and usually each entry is signed by
the commissioners and their clerk. In many counties there are incorporated
into the commissioners’ minutes records of the meetings of one or more
of the ex officio boards on which the commissioners hold membership.
““51800, XVI St. at L. 434; 1807, XVIII St. at L. 437; 18.21 P. L. 4, 7 Sm. L.
341 sec. 1.
a’6 1821 P. L. 98, 7 Sm. L. 393 sec. 1.
‘“’ 1836 P. L. 328 sec. 2.
aou 1821 P. L. 4, 7 Sm. L. 341 sec. 2.
8ooo Ibid., sec. 3.
‘lo 1766, VII St. at L. 32; 1799, 3 Sm. L. 340 sec. 6 rep. 1839 P. L. 519 sec. 174 but
reen. in sets. 57-59.
‘= 1819 P. L. 86 rep. 1822 P. L. 94. ’
a’2 1799, 3 Sm. L. 393 sec. 27 sup. 1834 P. L. 537 sec. 22 am. 1903 P. L. 234 rep.
1909 P. L. 473.
*= 1929 P. L. 1278 sec. 111 am. 1935 P. L. 730.
COUNTY COMMISSION.ERS 125
These include the registration commission, county board of elections, board
of revision, and institution district board.314
Bonds and Oaths
Officials’ Bonds, 1929-. (Kept by the commissioners in counties
without a controller.)
The commissioners keep on file the bonds posted by all county officials
except themselves. Each bond shows the following : the date ; names of
principal and surety ; official’s title ; amount of bond ; conditions of obliga-
tions, signatures of principal, surety, and witnesses ; court approval ; and
date filed.316-
Controllers’ Bonds, date from the establishment of the office of
x controller in the county.
The bonds posted by the county controllers, containing the same informa-
tion as is in Officials’ Bonds.316
Contractors’ Bonds, usually of very recent dates. Title varies:
Bridge Bonds.
The contractors engaged in work for the county give bonds which show
the names and addresses of bonding companies and principals; conditions
and obligations ; and signatures of principals, sureties, and witnesses. In
some counties ithese bonds are filed with Contracts and Agreements.s17
Assessors’ Oaths, 1799-.
These are the oaths taken by the local assessors before assuming office.8’s
Tax Collectors’ Oaths, 1841-.
The oaths of office taken by tax collectors are here filed.318
Bids and Proposals.
This is a file of the bids and proposals received by the county commis-
sioners for construction, repairs,. and supplies. Each paper shows the
‘I’ 1715, III St. at L. 83 sec. 7; 1799, 3 Sm. L. 393 sec. 11 sup. 1834 P. L. 537 sec.
20 rep. 1929 P. L. 1278 sec. 1051 but reen in sec. 110.
3u 1929 P. L. 1278 s&c. 54 am. 1933 P. L. 946 No. 182.
‘I8 1893 P. L. 393 sec. 3 sup. 1895 P. L. 493 No. 288 sec. 3 rep. 1929 P. L. 1278 sec.
1051 but reen. in sec. 54 am. 1933 P. L. 946 No. 182.
*W There is no legal requirement for the keeping of these bonds.
m 1799, 3 Sm. L. 393 sec. 6 sup. 1834 P. L. 537 sec. 88 rep. 1933 P. L. 853 sets.
302, 303.
‘lD 1846 P. L. 486 No. 19.
126 COUNTY GOVERNMENT
name of contracting firm ; date, subject, and amount of bid ; itemized state-
ment of charge for every item included ; and the bidders authorized state-
ment.320
Contracts and Agreements.
Contracts and agreements entered into by the county, each one showing
the names of parties concerned, conditions of contract, date contract was
fulfilled, and signatures of contracting parties and commissioners’ chief
clerk.321
Specification Book, 1870.-
This book contains the specifications for all county buildings and bridges
which are to be constructed, altered, or enlarged. It is kept for the use
of the contractors who are interested in bidding for the work.322
Equipment, Supplies, and County-owed Property 323
Deeds.
The deeds to the county-owned property are filed here.324
Titles.
Certificates of title to county-owned motor vehicles make up this record.
Each certificate shows the owner’s name ; date of purchase ; make and
model of machine; engine, title, and manufacturer’s numbers; and signa-
ture of Secretary of Revenue.325
‘*a These are kept by the controller in counties where that office has been established.
1895 P.L. 403 No. 288 sec. 12 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 348 am.
1935 P.L. 143.
“lThese are kept by the controller in counties where that oflice has been established.
1895 P. L. 403 No. 288 sec. 12 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 348
am. 1935 P. L. 143.
*” 1870 P. L. 834 sets. 1-4. This law is in effect in the following counties: Bucks.
Adams, Lancaster, Erie, Juniata, Mercer, Venango, Westmoreland, Clarion, Mont-
gomery, and Schuylkill. In many counties, plans, specifications, and blueprints of
various county buildings have been kept.
=TThese records are not required by law, but are often kept as a matter of con-
venience.
‘** In counties where the office of controller has been established, the controller keeps
these papers. 1895 P. L. 403 No. 288 sec. 12 rep. 1929 P. L. 1278 sec. 1051 but reen.
in sec. 343.
COUNTY COMMISSIONERS 127
Leases, current.
These are the leases for buildings used by the county, each lease showing
the conditions and duration of lease, location of property, the considera-
tion, and signatures of lessor and county commissioners.
Insurance Policies. Title varies : Automobiles.
Insurance policies covering the courthouse, the county jail, and other
county-owned property are usually placed on file. Each policy shows the
expiration date, the property covered, amount of insurance and premium,
policy number, names and addresses of insurance company and agent.
Requisitions, Orders, and Receipts for Supplies. Title varies:
Day Book; Sundries.
These papers which vary greatly in different counties, concern the office
supplies for the county officers. They usually show the date of purchase,
names of the vendor and the office for which purchase was made, price
paid for items purchased, dates of delivery and payment, and official
signatures.
County 0 bligations
Bonds and Coupons.
These include the unsold bonds and the canceled bonds of the county.
Each bond gives the following information: face value, bond number,
date, creditor’s name, interest rate, and signatures of county commission-
ers and their chief clerk. The coupons show date when interest payment
was due, amount of interest, bond number, date of the series, and signa-
tures of the commissioners.32E
Bond Record. Title varies: Note Ledger-Bonds.
A record of all bonds floated by the county is contained in this book which
shows the serial letter and number of each bond, year of issue, bond num-
ber, face value, interest rate, purchaser’s name and address, date of ma-
turity, dates of interest payments, and itemized statement of interest
paid.327
Bond Transfer Book.
This is a record of the transfer of county bonds, and usually shows the
8mThe controller keeps these papers when that office has been established. 1895
P. L. 403 No. 288 sec. 12 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 343.
mThe controller prepares and keeps this book in counties with a controller. 1895
P. L. 403 No. ‘288 sec. 12 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 343.
128 COUNTY GOVERNMENT
date, number, and amount of bond; name of person to whom it was trans-
ferred ; and signatures of original owner and witnesses.3”8
Decisions on the Issuance of Bonds. Title varies: Bond Issues.
This consists of certified copies of the commissioners’ resolutions on county
bond issues and returns of special elections concerning increase of indebt-
edness of municipalities. The resolutions show the names of the members
of the board, the body of the resolutions, and the date passed. The returns
show the question voted upon and‘the date and results of the election.320
Coriespondence
Commissioners’ Correspondence. Title varies : Commissioners’
Record ; Promiscuous Papers. .
This is a file of the correspondence pertaining to the transactions of the
county commissioners’ office.330
Personnel Records 331
TAXATION
Lists of Tax Collectors and Assessors, dates vary, but usually are
current only. Title varies : Memorandum-Tax Collectors.
These records usually consist of the names and addresses of assessors and
collectors of taxes within the county. In some cases they also show the
amount of bond posted by the individual officers.
Tax Collectors’ Resignations and Appointments.
The resignations show the date, name of district, township, or borough,
and collector’s signature and address. The petitions for appointment show
the name of district, borough, or township where the vacancy exists ; names
of former collector and aspirant ; and occupations, addresses, and signatures
of petitioners.
Petitions for Appointment of Assessors.
These are petitions of the electorate to the county commissioners request-
ing the appointment of assessors to fill vacancies. They give the date,
names of assessors and district, and the petitioners’ signatures.
-A separate record of bond transfers is not required and is seldom kept.
mThe separate filing of these papers is not obligatory. In most counties the resolu-
tions are found only in the Commissioners’ Minute Book, and the special election
returns are not kept separately from the general election returns.
““Although the law does not require that their official correspondence be kept on
file, most county commissioners do so.
Bs1 These records are frequently kept as a matter of convenience.
COUNTY COMMISSIONERS 129
Assesment Returns s32
Assessments, dates from origin of the county. Title varies: An-
nual and Triennial Assessment; Transcript; Assess Book; Annual
Assessment ; Triennial Assessment ; Property Roll ; County Rates
and Levies; Unseated Road, School and Bounty Tax.
These records are the returns sent in by the assessors and by the taxpayers
themselves on all property taxable for county purposes. Sometimes the
assessment on all types of taxable property is found in a single record, but
often returns are filed separately according to the type of property which
is taxed. These records cover all the taxable inhabitants of the county.33”
This record usually consists of a list of all inhabitants within the assess-
ment district, showing the address and occupation of each person. There is
also a description of the taxable property owned by each and the amount
of every type of tax due a34 upon each of the items taxed.
Assessments on Seated Land, dates from the origin of the county.
This record is in almost every case a part of the record entitled Assess-
ments. It contains similar information, but shows the assessment and the
taxes due on seated land only.835
Assessments on Unseated Land, a36 dates from the origin of the
county. Title varies : Returns of Unseated Lands ; Unseated Land ;
Unseated Land Tax.
This record gives the assessments on unseated land, showing tax year, name
of civil division, number of the duplicate, names of warrantee and taxpayer,
location and description of property, amount of tax, and date paid.S37
Record of Unseated Lands, 1804-.Title varies : List of Wild Lands
Returned by Deputy Surveyor.
This is a record of the returns of unseated lands which are made by the
85’ In all third-class counties these records are kept, not by the county commis-
sioners, but by the board for the assessment and revision of taxes. 1931 P. L. 1379
sec. 5.
835 1799, 3 Sm. L. 393 sec. 7 sup. 1834 P. L. 509 sec. 6; 1841 P. L. 393 sec. 6; 1919
P. L. 1005. All rep. 1933 P. L. 853 sec. 601 but reen. in sec. 403.
834 School tax, poor tax, road tax, etc.
SW 1799, 3 Sm.L. 393 sec. 8 sup. 1834 P. L. 509 sec. 4 rep. 1933 P. L. 853 sec. 601
but reen. in sets. 201 (a), 411-413.
we In many cases this is found in the general assessment returns.
SZ’ 1799 3 Sm.L. 393 sec. 25 rep. 1804 P. L. 517, 4 Sm.L. 201 sec. 7 but reen. in- sec.
2 rep. in’part 1815 P. L. 177 sec. 11, rep. as to unseated lands 1933 P. L. 853 set: 601
but reen. in sec. 410.
130 COUNTY GOVERNMENT
deputy surveyor and his successor. 338 It shows the number of acres in
every such tract, the original owner’s name, boundaries of the land, as-
sessed valuation, and amount of taxes levied.33s
Occupation Tax Assessments, 340 dates from the origin of the
county.
This is a record of the assessment for the occupation tax and shows the
date ; name of district ; name, address, occupation, and classification of
taxpayer; and amount of tax levied.341
Personal Property Tax Returns, dates from origin of the county.
These are the annual personal property returns prepared by the taxpayer.342
They cpntain the date, name of district, taxpayer’s name and address,
itemized statement of personal property owned by him, its valuatioh, tax
rate, taxpayer’s signature, and notarial sea1.343
Returns of Tax-Exempt Property,344 dates from origin of the
county.
The assessor must make returns of this property, even though no tax is
paid on it. The information contained is similar to that found in the gen-
eral assessment returns.a4a
Returns of Timber Lands, 1883-.
These are the assessments of lands entitled to a reduction in tax rate be-
cause they contain a certain number of trees per acre.s46 For each tract
W This record exists in very few counties today.
p8 1804 P. L. 201.
Mo In some cases these assessments appear in the general assessment returns.
u1 1799, 3 Sm.L. 393 sec. 8 sup. 1834 P. L. 509 sec. 4 rep. 1933 P. L. 853 sec. 601 but
reen. in sec. 201(b). In third-class counties a poll tax may be substituted for the
occupation tax (1933 P. L. 853 sec. 202)) while in all counties there is a poll tax of
50 cents for every Federal employee (1929 P. L. 21 No. 31 rep. 1933 P. L. 853 sec.
601 but reen. in sec. 203).
WI! early days this was reported by the assessor, and therefore is found with the
general assessments.
aa Personal property is taxable for both State and county purposes. 1799, 3 Sm.L.
393. sec. 8 sup. 1834 P. L. 509 sec. 4 rep. 1933 P. L. 853 sec. 601 but reen. in sec.
201 (c) ; 1840 P. L. 612 (temporary act) ; 1879 P. L. 112 sec. 1 supp. 1885 P. L. 193
further supp. 1889 P. L. 420 rep. 1913 P. L. SO7 sec. 19; 1913 P. L. 507 sec. 1 am.
1929 P. L. 871 further am. 1929 P. L. 1509 further am. 1933 P. L. 54 further am.
1935 P. L. 414 sec. 17 further am. 1939 P. L. 413 sec. 1.
“In almost all cases, this is found in the Assessment Returns.
*a 1933 P. L. 853 sec. 405.
““In most cases this is found in Assessment Returns.
COUNTY COMMISSIO-NERS 131
of land assessed, the number of cleared acres, and the number of forested
acres are listed separately.347
Assessment of Coal Lands, 1923-. Title varies : Coai; Coal
Statements; Coal Acreage Mined.
In cases where the life tenant of the land assessed does not have the right
to mine the coal lying beneath it, the coal and the land above it are sepa-
rately assessed.s48
Retwm of Obsolete Taxes a40
Poor Tax Returns, prior to 1938.350
These are the assessors’ returns for the poor tax which was levied sepa-
rately in 24 of Pennsylvania’s 67 counties.351
. Alien Tax Returns, 1897-1901.
These are the quarterly reports prepared by everyone who employed any
aliens. They were sent to the commissioners with the sum of 3 cents for
every day an alien was employed.s52
Bicycle Tax Returns,353 1899-1919.
This is a return on all bicycles in the county. The tax levied on bicycles
was used to build side paths.35h
84’ 1883 P. L. 112 rep. 1933 P. L. 853 sec. 601 but reen. in sec. 418; 1901 P. L. 77
No. 48 sec. 1 rep. 1905 P. L. 118 sec. 3 but reen. in sec. 1; 1913 P. L. 405 No. 269
sec. 2 rep. 1933 P. L. 853 sec. 601 but reen. in sets. 418, 419.
8a 1923 P. L. 175 No. 129 sec. 2 rep. 1933 P. L. 853 sec. 601 but reen. in sec. 415.
In some cases this is not a separate record but is, found in the general assessment
returns.
*U These records are found in very few counties.
raoIn a given county these records usually date from the time when that county
became a separate poor district. See essay in Institution District Board.
*” 1925 P. L. 217 sec. 17 rep. 1937 P. L. 2017 sec. 702 ; Poor Relief Adnzinistration,
pp. 16, 17.
“‘1897 P. L. 166 declared unconstitutional 187 Pa. 193, 40A 977. 1901 P. L. 265
No. 172 provided that the money secured from this fund should be returned to the
aliens.
868 These records are found only in those counties for which side path commissioners
were appointed by the court.
=I899 P, L. 36 sets. 4-8 declared unconstitutional; 1915 P. L. 708 No. 325 provided
I
that the money in this fund might be used for road building.
132 COUNTY GOVERNMENT
Reports 365
Unseated Lands, 1933-.
This record is a file of statements prepared by persons acquiring unseated
lands. It contains a description of each tract; name of original grantee,
nature, number, and date of original title; date present owner received it;
and the grantor’s name.a5a
Record of Land Transfers, 1911-. Title varies : Recorders Daily
Report; Recorder’s Report of Land Transfers ; Transfers.
These are reports made once a month by the recorder of deeds. They con-
tain a record of every deed and conveyance of land which was presented
for recording during that month. This record shows the date of report,
entry number, date of instrument, names of grantor and grantee, grantee’s
address, the consideration, location and description of property, inclusive
dates of the report, and the recorder’s signature.367
Record of Mortgages and Agreements, 1879-. Title varies: Real
Estate Returns ; Transfers.
These, like the Record of Land Transfers, are monthly reports by the
recorder of deeds of every mortgage and other agreement to secure the
payment of money which was presented for recording. Each report con-
tains a list of new, assigned, and satisfied mortgages, showing the date the
report was made, names of tax district of assignees, date of entry, name
of mortgagor, name and address of assignee, acreage and location of mort-
gaged property, amount of mortgage, date of assignment, volume and page
of its-location in the Mortgage Book, the amount paid on the mortgage,
inclusive dates of the report, and the recorders’ signature.353
Prothonotary’s Daily Record, 1879-. Title varies: Record of
Mortgages, Bonds, Judgments, and Other Evidences of Debt.
These reports, made monthly by the prothonotary, list all instruments se-
=These reports are used to aid the assessors in their work and to check on the
returns of the personal property tax. Like assessment returns, these reports are
sent to the hoard for the assessment and revision of taxes in third-class counties.
3s’1933 P. L. 853 sec. 409.
“’ 1911 P. L. 62 sees. 1, ‘2 (applied only to counties of less than 400,000 population)
rep. 1933 P. L. 853 sec. 601 but reen. for counties of classes three to eight inclusive in
sec. 407(a, b) ; 1929 P. L. 620 No. 258.
a58 1879 P. L. 112 sec. 7 supp. 1889 P. L. 420 sec. 7 am. 1905 P. L. 186 rep. 1913
P. L. 507 No. 335 sec. 19 but reen. in sec. 7; 1899 P. L. 41; 1909 P. L. 289.
COUNTY COMMISSIONERS 133
curing a debt which are recorded in the prothonotary’s oftice. It shows all
new, assigned, satisfied judgments; dates of report and recording; name
and address of plaintiff or assignee, * defendant’s name ; date, amount, and
character of instrument; court term and case number; and date of satis-
faction.g6s
Assessment Maps 3Eo
Property Maps.
These maps vary greatly in different counties. The information which they
may include, however, is as follows: Boundaries of assessment districts,
property lines, names of owners of all land, streets, improved and unim-
proved roads, route numbers, churches, schools, streams, railroads, acreage
of property, scale of miles, and compass points. In some cases the amounts
of assessments are also included.
Exonerations
Abatements and Exonerations, 1834-.
A record of all exonerations and abatements of taxes which were granted
by the county commissioners, showing the names of persons who were
granted abatements or exonerations, amount of taxes levied, adjusted
amount of taxes paid, and the reason for such actions by the commis-
sioners.s61
Collection of Taxes
Tax Collectors’ Returns, 1891-.
These are reports made by the tax collectors each month when they pay
over to the treasurer the money which they have received. Each report
shows the district, period covered, tax collector’s signature, tax year, date
paid, receipt number, taxpayers’ names, type of tax, and remarks.302
Tax Collectors’ Data, 1835-( in Commissioners’ Minute Book).
On the minutes of the county commissioners is entered the name of each
tax collector and the amount of taxes for which he is responsible.363
x6’ 1879 P. L. 112 supp. 1885 P. L. 193 further supp. 1889 P. L. 420 sets. 8-11 rep.
1913 P. L. 507 No. 335 sec. 19 but reen. in sets. 8-11.
““These maps are prepared and kept for the convience of the assessors and to aid
in properly equalizing assessments.
*(11 1834 P. L. 509 sec. 18 am. 1917 P. L. 840 sec. 1500. (Even earlier records of
abatements and exonerations may be found, since the commissioners were empowered
to grant them from the earliest times.)
=@=1891 P. L. 212.
368 1835 P. L, 45 sec. 4.
134 COUNTY GOVERNMENT
Treasurer’s Reports, dates from origin of the county.
These are the quarterly reports of the treasurer, showing all money re-
ceived or disbursed since the last statement was made, the amount of
taxes collected, and the amount still due from each tax collector.3n4
Tax Collector’s Accounts, may date from the establishment of the
county. Title varies : Taxes Collected ; Commissioners’ Tax Ledger ;
Tax Settlements.
This record shows the name of the district, date and amount of taxes col-
lected, collectors’ names and addresses, date and amount of each collector’s
bond, name of surety, amount of collector’s warrant for the year including
cash rebates, commissions, exonerations, and abatements.366
County Tax Stubs.
The receipt stubs of county taxes paid make up this record. On each one
may be found the name and ward or district number of the taxpayer; the
tax year; amounts of tax, rebates, and penalties; totals; and dates and
amounts of payments.3ea
Auditor General’s Annual Statements, 1868-1913. Title varies :
Tax Collection Reports and Statements.
These are copies of the annual statement by the Auditor General of per-
sonal property taxes due the State. This report showed the date ; total
amount due to State and county; previous year’s balance ; amounts of col-
lections, commissions, refunds, and abatements ; amount due ; approval ;
and seals and signatures of Auditor General and State Treasurer.3s7
Statements to the State Board of Revenue Commissioners, 1878-.
Title varies : Tax Collectors’ Reports and Statements.
These are copies of annual statements which are made by the county com-
missioners to the State Board of Revenue Commissioners concerning the
personal property taxes levied in each municipality. These statements
m 1700, II St. at L. 34 sec. 3; 1724-25, IV St. at L. 10 sec. 13; 1732, IV St. at L.
\ 234 sec. 2; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P. L. 537 sec. 37 rep. 1939 P. L. 1278
sec. 1051 but reen. in sec. 360.
a86 Such a record is frequently kept as a matter of convenience.
““Although there are no legal requirements to keep these stubs, they are frequently
found.
m The Auditor General made this annual report as a matter of convenience.
COUNTY COMMISSIONERS 135
show the date, name of municipality, name and address of tax assessor,
amount of personal property tax levied, and totals.368
State Treasurer’s Annual Statements, 1868-1913. Title varies :
Tax Collections ; Reports and Statements.
These statements were madk by the State Treasurer to the county com-
missioners and concerned the State taxes which were due from the county.
Each report gives the date of report, tax year, amount of asssesed valua- I _
tion, amount of taxes collectible, deductions, commissions, rebates, amount
due the State, and the Treasurer’s signature.369
Delinquency 37o
Delinquent Tax Return. Title varies : Seated Land Return ; Tax
Returns-Returns of Seated Land ; Tax Returns ; Land Returns.
The tax collectors’ returns of unpaid taxes are very frequently kept on file
by the commissioners. The information contained is usually the following:
the date; names of district, tax collector, and taxpayer; location and de-
scription of property; type and amount of delinquent tax ; and signature of
tax c0llector.3’1
Tax Return Docket, 1931-. Title varies : Certified List of Seated
Lands.
All seated lands on which taxes are due and unpaid is reported in this
docket, which contains a description of the land, the name of the owner
against whom taxes were levied, amount of taxes unpaid, and year during
which the taxes were assessed and levied. When a lien has been entered
against the property, the page of the Tax Lien Docket where it is recorded
is also entered here. This record must be alphabetically indexed within each
ward and township.372
3yI 1878 P. L. 126 sec. 2. The commissioners of very few counties retain copies
of this report.
“‘This record, like the Auditor General’s Statements, was made as a matter of
convenience prior to the passage of the personal property tax act of 1913 P. L. 507.
xi’ Similiar earlier records are frequently found since these procedures were being
followed for many years before definite record-keeping requirements were made.
“I There is no requirement that these returns be preserved, but they are often found
in the various counties.
“’ 1931 P. L. 2889 sec. 1 am. 1939 P. L. 498 sec. 1; 1931 P. L. 280 sets. 2, 3.
136 COUNTY GOVERNME
Delinquencies on Unseated Lands. Title varies : Transcript of I
seated Lands ; Certified List of Unseated Lands ; Transcript
Unseated Land Taxes Certified by Treasurer to Commissioners.
This record is similar to the Tax Return Docket, but deals with unsea
lands rather than seated lands.373
Docket of Tax Liens.
This is a record of liens filed against properties for nonpayment of tar
and shows date filed, court term and case number, tax year, owner’s na
and address, location and description of property, assessed valuation; i
amounts of delinquency and penalties.3r4
Tax Lien Ledger.
A record of tax lien payments showing date of filing lien, court term i
case number, name of municipality, amount of lien, date paid, and volu
and page where it is recorded.37a
Treasurer’s Sale of Seated Land, 1885-.
Lists of all seated lands sold for taxes are found in this book, which gi
for each property the owner’s name; amount of land sold; amount of ta
and costs ; and whether it was sold for school, road, or other taxes.37s
Treasurer’s Sale of Unseated Lands.
This record is similar to Sale of Seated Lands, but covers only unsea
lands sold for taxes.3T7
Treasurer’s Sales to Commissioners, 1815-. Title varies: Cc
missioners’ Seated Land Docket; Returns of Seated and Unsea
Lands ; County Owned Properties ; Commissioners’ Deed Book.
This is a record of the lands bought by the county commissioners at tre
urer’s sales. It contains the following information : date of purchase; :
number ; former owner’s name ; location and description of property ; ye
for which the taxes are delinquent; new taxes which have fallen due si
the purchase by the commissioners ; total amount of taxes, penalties, :
interest due ; and if redeemed, by whom.8T8
8m Although the keeping of such a record is not obligatory, it is frequently foun
“‘The commissioners are not required to keep such a record, for the prothono!
must keep a Tax Lien Docket (1899 P. L. 120). In a few counties, however, a s:
liar record is found in the commissioners’ office.
=’ This is a record occasionally kept as a matter of conven&nce.
“‘1885 P. L. 268 sec. 1.
sn This is not a required record and is very infrequently found.
8’S 1815, 6 Sm.L. 299 sec. 5; 1929 P. L. 1684 sec. 13 rep. 1931 P. L. 280 sec. 22
reen. in sec. 10.
NT -
Jn-
of
ted
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COUNTY COMMISSIONERS
Treasurer’s Deeds, lSl5-.
137
The deeds to property bought by the commissioners at treasurer’s sales,
showing date of sale, location and description of property, amount of un-
paid taxes, cost of property, names of former owner and treasurer, wit-
nesses’ signatures, and acknowledgment of deed.870
Sheriff’s Deeds, 1799-1809.
Prior to 1809 the sheriff rather than the treasurer, sold land for delinquency
in taxes. These deeds are similar to the treasurer’s deeds now issued after
such sales are completed.380
Redemption Record.
This is a record of the redemption of properties sold for delinquent taxes,
showing the number, names of warrantee and purchaser, location and
description of property, dates of sale and redemption, and amount paid
at time of purchase and redemption.381
. Commissioners’ Appraisement Records, 1835-42. Title varies : Day
Book.
A report of the valuation given by the county commissioners to land on
which purchase money was due the State is here found.3s2 Each report
contains the purchaser’s name, date when warrant was granted, number of
acres, and valuation of the land.s38
SUPERVISION OVER ROADS AND BRIDGES
Road and Bridge Petitions.
Petitions received by the county commissioners for county aid in the con-
struction and repair of roads and bridges are found in this file. These
papers usually show: date of petition, route number, request and reason
for it, and signatures and addresses of petitioners.as4
““1799, 3 Sm.L. 393 sec. 25 rep. 1804 P. L. 517, 4 Sm.L. 201 sec. 7 but reen. in sec.
2; 1809, P. L. 192, 5 Sm.L. 73 sec. 1 gave this responsibility to the treasurer.
ml This is not a required record and is very infrequently kept, since this information
is now found in a number of other records, such as Treasurer’s Sales to Corn:
missioners.
as2 Today this record is found in very few counties.
=1835 P. L. 148 sec. 4.
lgl The law does not require that these petitions be filed, but they often are. With
these petitions in some counties are found petitions from the county commissioners
to the State Department of Highways.
138 COUNTY GOVERNMENT
Bridge Proceedings, 1879-.
All proceedings by the com&ioners for the repair of township bridges
are here recorded.3sa
Release of Road and Bridge Damages. Title varies: Leeds of Re-
lease.
Each of these releases usually shows the name and location of the road
or bridge, the changes made, amount paid to property owner, agreement
of release, date, and property owner’s signature.3’6
Maps and Plans for Roads and Bridges. Title varies: Types of
Roads ; Right of Ways.
Among the maps and plans found in the commissioners’ office are hand
drawn and printed maps of the county road system, plans of bridges and
roads which are to be built, and maps of the highway system of the State.3s’
MILITARY FUNCTIONS
Enrollment
Military Roll, 1858-1921. Title varies : Commissioners’ Enrollment
Book.
This contains the name, address, district, age, occupation, and marital status
of every man liable for military service. 3s8 In addition it shows exemption
from service and why. It also contains a record of delinquencies in the
military tax.3s0
Militia Fines, 1858-1921. Title varies : Military Exonerations ; Ab-
sentee Fines.
This is a record of fines collected from those who refused military duty,
showing the names of civil division and collector, date, amount of fine, and
name of person refusing to perform military service.30o
a86 1879 P. L. 146 sec. 2 rep. 1929 P. L. 1278 sec. 1951 but reen. in sec. 756 am. 1933
P. L. 958. These are almost always entered in the Commissioners’ Minute Bodk.
=“This is not a required record, and is not often found.
=‘These ari: not required records and vary greatly in diffeient counties.
*@ Earlier muster rolls’ and militia lists, particularly for the Revolutionary War
period, are frequently found.
8881858 P. L. 421 sets. 2, 3 rep. 1887 P. L. 23 sec. 135 but reen: in sets. 111-115 sup.
1899 P. L. 266 sets. 2-6 rep. 1921 P. L. 54 No. 27 sec. 1; 1864 P. L. 222 sec. 2 rep.
1887 P. L. 23 sec. 135.
*‘“This is very seldom kept as a separate record, but is usually entered on the
Military Roll.
i
COUNTY COMMISSIONERS 139
Civil War Military Records aa1
Bounty Records, 1862-65.
A number of counties were authorized to pay bounties to residents of the
county who entered the Union Army. The records vary greatly and include
the following: lists of men affected by the bounty, bounty warrants, bonds
issued to cover the cost of bounties, and receipts for interest paid to volun-
teers on deferred payment of bounties.
Records of Soldiers’ Relief, 1861-65. Title varies: Payroll Relief
Fund ; Soldiers’ Accounts ; Application for Relief ; Relief Receipt
Book; Relief Accounts.
In some cases the counties gave relief to families of enlisted men. These
papers relate to such matters and usually give the soldier’s name, name
and address of his family, amount of relief, date it was received, and signa-
ture of recipient.
Burial Records
Veterans’ Burial, 1885-1921.
This record contains transcripts of reports made by the persons in charge
of the burial of veterans who died within the county. The information in
these reports is as follows : name of deceased soldier, sailor, or marine ;
rank or command at time of service ; last occupation ; date of death ; and
place of burial. There is also included an itemized statement of the expenses .
of burial which is signed by three witnesses.sB2
Widows’ Burial, 1915-23.
These are transcriptions of reports similar to those in Veterans’ Burial,
but dealing with the burial of the widows of former soldiers, sailors, and
marines.ss3
Applications for Burial of Soldiers and their Widows, 1885-.
Title varies ; Soldiers’ Burial ; Veterans’ Burial Allowances.
These are the applications received by the commissioners for the burial of
veterans since 1885 and of their widows since 1915. The information on
“‘None of these records from the Civil War were required by law, and most of them
reflect the provisions of special laws.
ass 1885 P. L. 17 sets. 2, 3 am. 1909 P. L. 1.52 sets. 2, 3 further am. 1911 P. L. 875
sec. 2 rep. 1915 P. L. 870 sec. 8 but reen. in sec. 2, 3 rep. 1921 P. L. 473 sec. 8.
aas 1915 P. L. 132 sets. 2, 3 rep. 1923 P. L. 60 sec. 4. This record may be combined
with Veterans’ Burial.
140 COUNTY GOVERNMI
their applications includes the date and number of the applicat
veteran’s name, occupation, and service record ; appraisement of veter
real and personal property ; date and place of burial ; and itemized SI
ment of burial expenses. With the applications are a statement of amc
appropriated, certification with notary’s seal and signature, approval
signatures of commissioners, and undertaker’s receipt.304
Veterans’ Grave Markers, 1885-.
The petitions for headstones and markers for veterans’ graves are SC
times preserved. Each application shows name and service record of
ceased veteran, date and place of death and burial, signatures of appli
and approver, certification, and date. With each- petition is usually
the order of the county commissioners to erect marker. This order sh
date of approval, cost of marker, and certificate of erection showing c
pletion of order.305
Register of Veterans’ Graves
Veterans’ Grave Register, 1775- (completed during or after 19
Title varies: Cemetery Plot Book.
This record deals with the places within the county where veterans o
wars are buried. It shows the veteran’s name, branch and length of s
ice, military record, dates of birth and death, name of cemetery, locatio
grave, type of marker, name of informer, and date when information
secured. This information is entered on forms prescribed by the Del
ment of Military Affairs.306
Veterans’ Grave Registration Maps, prepared during or after 1
Such a record usually consists of separate maps of the various cemetc
in the county in which veterans have been buried. They indicate the I
tion of cemetery and grave and give the plot and grave numbers, and
registration number of the grave. The war in which the veteran serve
“I This is not a required record, but such applications have been kept in a nu
of counties.
aa’ 1885 P. L. 17 sec. 4 rep. 1915 P. L. 870 sec. 8 but reen. in sec. 5 am. 192i
473 sec. 5 further am. 1923 P. L. 82 further am. 1923 P. L. 937 sec. 1 sup. 1925
676 sec. 6 rep. 1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sec. 426 am. 1931 P. L
sec. 1 further am. 1933 P. L. 957 further am. 1935 P. L. 683 sec. 5 further am.
P. L. 339; Attorney General’s Opinions, vol. 1895-96, p. 107.
M 1929 P. L. 609 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 439 added
P. L. 401 sec. 16 am. 1937 P. L. 329 ; 1937 P. L. 399.
ENT
ion ;
‘an’s
3unt
and
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929.
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loca-
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:mber
P. L.
P. L.
I. 401
1939
1931
COUNTY COMMISSIONERS 141
also noted. Sometimes a key map of the county has been prepared which
shows the location of the cemeteries in relation to each other.897
SHEEP AND BOUNTY PAYMENTS
Bounty Claims, prior to 1927 except in sixth, seventh, and eighth-
class counties. Title varies: Scalps ; Fox Bounty ; Scalp Certifi-
cates.
These records usually consist of the sworn statements of justices of the
peace attesting to the killing of noxious animals for which a bounty was
paid. These affidavits shows the date, name of claimant to bounty, the
township, species of animal killed, signatures of justice of the peace and
witnesses, and amount of bounty.3gs
Bounty Orders, Vouchers, and Receipts, prior to 1927.
This record contains the orders and numbers authorizing the payment of
bounties. In some cases receipts for bounty payment are also included.3gR
Bounty Record, prior to 1927. Title varies: Day Book.
This is a record of claims for bounties. It usually shows date claim was
made, names of claimant and justice of the peace, location of the kill, kind
and number of animals killed, amount of bounty, and claim number.
Claims for Damages to Sheep, prior to 1921. Title varies: Live
Stock Damages, Sheep Orders and Certificates.
This, record consists of the original affidavits, certificates, and reports of
investigations in claims of sheep damages caused by dogs. It shows the
date ; type of instrument ; names of claimant, dog owner, investigators,
and justice of the peace ; the number of sheep killed ; amount and date of
damages; date paid; official signatures, and date filed?OO
zsrThe~c maps are not required to be made, but have been prepared in a number
of counties.
*m 1782, X St. at L 460 rep. 1806 P. L. 411,4 Sm.L. 288 sec. 2 sup. in sec. 1 am. 1807
P. L. 3, 4 SmL. 357 sup. 1819 P. L. 114, 9 Sm.L. 173 rep. in part 1844 P. L. 190
wholly rep. 1885 P. L. 141 sec. 5 but reen. as am. in sets. l-4 rep. 1887 P. L. 116 sec.
2 but reen. in sec. 1 am. 18t39 P. L. 54 further am. 1897 P. L. 223 sec. 5 rep. 1927
P. L. 778 Na. 104; 1929 P. L. 1278 sec. 491.1 added 1937 P. L. 1190 sec. 1. Some
counties have not kept any records concerning bounties.
‘“This record, and the remaining sheep and bounty records, are not found in
every county.
G+ 1878 f’. L. 198 No. 131 sec. 8; 1889 P. L. 222 rep. 1917 P. L. 818 sec. 41; 1893 P.
L. 136’No. 88 am. 1901 P. L. 92 further am. 1911 P. L. 968 sets. 1, 2 further am. 1915
P. L. 791 rep. 1917 P. L. 818 sec. 41 but reen. as am. in sets. 4, 5, 15, 16, 28, 31, 34
rep. 1921 P. L. 522 sec. 43.
14.2 COUNTY GOVERNMENT
Orders and Vouchers for Sheep Damages, prior to 1921. Title
varies : Sheep.
The actual ord,ers and vouchers for the payment of damages to sheep are
often preserved. The vouchers show the names of justice of the peace,
claimant, and civil division ; date and number of sheep killed or injured ;
value of sheep ; dates of issue and payment ; official signatures ; and voucher
number. The orders show the order number, amount of damage, names of
county treasurer and payee, date filed, and signatures of two of the county
commissioners and their clerk.
SUPERVISION OVER COUNTY EXPENDITURES 401
I Account Book, dates from the origin of the county. Title varies:
Ledger ; Journal ; Commissioners’ Fund Ledger ; Return Taxes Paid.
This is an itemized account of all the receipts and expenditures of the
COUnty.‘O*
Orders, dates from the origin of the county. Title varies : Vouchers ;
Bills ; Warrants.
These consist of orders and bills for supplies, services rendered, and
salaries of county officials. It shows the date issued, itemized statement
of all matters covered, total amount of bill, signature of person presenting
-bill, order number, date of approval, and the names of the commissioners
approving.4o3
Register of Orders, dates from the origin of the county. Title
varies : County Commissioners’ Warrant Book ; Ledger ; Day Book :
Record of Disbursements.
This book is a record of all orders drawn, usually showing the date, order I-
UDIAccounts are kept by the commissioners’ clerk, 1799, 3 Sm.L. 393 sets. 11, 12 sup.
1834 P. L. 537 sec. 20 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 110. In counties
with a controller, the form of keeping accounts is prescribed by the controller who may
inspect them at any time, 1929 P. L. 1278 sets. 341, 342, 344.
mThis record is kept in many different forms in the various counties and even in
the same county during different periods of its existence. In many counties, the com-
missioners keep separate account books for different types of expenditures, such as
Road and Bridge Expenses, Accounts of Maintenance of County Inmates, Expendi-
tures for Maintenance of County Wards in Institutions and Homes, etc.
1o3 The commissioners are not required to keep these papers, which are, therefore.
not found in every county. In many counties, orders are filed separately according to
the purpose for which they were issued. Examples of these are Orders for Payment
of Bounties, Road and Bridge Orders, Commonwealth Orders, Orders to Pay Election
Officials, Criminal Expenditures, County Home Orders, Insti~tution District Orders,
Road Supervisors’ Meeting Orders, Teachers’ Institute Orders, and many others.
HH This is not a required record, and is not kept in every county.
UlsThese receipts are not kept seperately in every county.
u)B 1700, II St. at L. 34 sec. 3; 1724-25, IV St. at L. 10 sec. 13; 1732, IV St. at L.
234 sec. 2; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P. L. 537 sec. 37 rep. 1929 P. L. 1278
sec. 1051 but reen. in sec. 362. In counties with a controller similiar reports are made
to the controller instead of to the county commissioners, 1895 P. L. 403 No. 288 sec.
13 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 347.
40’ 1717-18, III St. at L. 175 sec. 2; 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P. L. 509 sec.
1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 361 am. 1935 P. L. 1184 sec. 2; 1929
P. L. 1278 sec. 346 am. 1935 P. L. 1184 sec. 2. Filing copies of the budget is not
obligatory, so they will not be found in every county.
‘08 1870 P. L. 1316 am. 1897 P. L. 295 rep. 1925 P. L. 88 No. 57, 58; 1907 P. L. 101
sets. 3, 4 rep. 1909 P. L. 514 sec. 2; 1909 P. L. 781 sec. 11 rep. 1915 P. L. 797.
COUNTY COMMISSIONERS 143
number, name of drawee, purpose, amount, and signature of the county
commissioners.4o4
Treasurers’ Receipts. Title varies : Receipt Book ; Record Report
and Receipt Book.
The receipts from the county treasurer for money received are filed here.
Each one shows the receipt number, date, costs or fees, amount received,
names of county commissioners, and signature of treasurer. In counties
with a controller, his signature also appears.4o5
Treasurers’ Reports, dates from the origin of the county. Title
varies : Report and Receipt Book ; Record ; Old Treasurers’ Papers.
These are the reports made by the treasurer of all money received and
disbursed by him.40g
County Budget, may date from the origin of the county.
The annual estimates of the probable expenditures of the county for the
ensuing year are often kept on file. The budget shows both the appro-
priations required for the various funds and departments of the county
and the expected amounts and sources of revenue.4o7
Forest Fire Accounts, 1870-1925.
This is a record of the expenses incurred in fighting forest fires, showing
the date and place of fire, names of fire warden and fighters, hours worked
by each, amount of compensation to each, date paid, and county commis-
sioners’ signatures. In counties with a controller, his signature also ap-
pears on this record.408
144 COUNTY GOVERNMENT
Bills for Forest Fire Extinction, 1870-1925.
The bills rendered to the county commissioners for services in fighting
fires are here filed. Each bill shows the date of fire, names of fire-fighters,
number of hours of service, rate per hour, total amount due, and date ap-
proved. In counties with a controller, his signature is affixed.(“O
Primary Election Expenditures, 1906-15.
This is an itemized account of all the expenses incurred in the holding of
primary elections.410
Commissioners’ Expense Accounts, may date from origin of the
county.
This is a record of the expenses incurred by the commissioners in the
performance of their official duties. Most of these expenses are for travel.
The record shows the name of the commissioner, day of trip, destination,
mileage, and amount of expense.41*
Sheriff’s Statements, may date from origin of the county.4“)
These are the annual statements from the sheriff for the care and main-
tenance of the inmates of the county jail. They show the date, name and
number of every prisoner, time spent in jail by each prisoner, rate per day,
number of days, and all items of expenditures.413
Compensation of Jurors. Title varies : Jurors’ Record.
This is a record of payments to individuals for jury service. It shows the
name and address of each juror, dates served, court term, mileage allowed,
order number, and the amount paid.414
HIa Since preserving the actual bills was not compulsory, they are not found in every
county, and when they have been kept, it was not often for the full period of county
participation in the payment of fire wardens.
uo 1906 (Sp. Sess.) P. L. 36 sec. 9 rep. 1913 P. L. 719 sec. 25 but reen. in sec. 12
rep. 1915 P. L. 638 sec. ‘2. These accounts were kept separately because during this
period the State reimbursed the county for these expenditures. They did not have to
be preserved, but in some counties were kept on file after the need for them had
passed.
*llThese accounts were very seldom kept on file.
*“These records were kept during the perio’d when the sheriff acted as jail warden.
See essay on Jail or Prison Warden,
us For information concerning the record, See essay on Jail or Prison Warden.
u’ This~ is not a required record and is very seldom filed separately.
COUNTY COMMISSIONERS 145
MISCELLANEOUS
Miscellaneous Petitions, 1876-.415
These consist of petitions for the building of canals or waterways,416 the
construction of memorial halls, 4X1 the erection or completion of soldiers’
monuments,418 the purchase and freeing of toll roads and bridges,4’g the
construction of a county tuberculosis hospital ‘*O or hospital for women
with nervous diseases,421 the setting up of a county mosquito extermination
commission,422 and the appointment of township tax collectors to fill
vacancies.423
Petitions for Free Schooling, from 1804 until the Free School
Act 424 was accepted by the county.4”5 Title varies: Appeal Book.
These are petitions to the county commissioners for county aid in the
education of poor children. They show the names and addresses of parents
or guardians of the children, and the children’s names and ages.42o
Expenses for the Education of Poor Children, from 1804 until the
Free School Act was adopted by the county.
A record of the expenditures for the education of poor children is found
here. The information contained includes the date, the children’s names:
w All df these kinds of petitions are very seldom found in any one county. Often
all petitions of the same type are filed together and a suitable title is affixed.
uB 1929 P. L. 1278 sets. 471-477.
u7 1907 P. L. 148 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 592-600; 1909
P. L. 18 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 601, 602.
u8 1895 P. L. 96 sec. 1 am. 1901 P. L. 184 further am. 1903 P. L. 136 No. 97 further
am. 1911 P. L. 53 further am. 1915 P. L. 487 rep. 1929 P. L. 1278 sec. 1051; 1913
P. L. 207 No. 145 rep. 1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sec. 592.
ao 1876 P. L. 131; 1899 P. L. 79 sets. 1, 8; 1909 P. L. 73; 1911 P. L. 109 sec. 1;
1919 P. L. 199; all rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 811-813; 1929
P. L. 1278 sec. 941.
W19.21 P. L. 944 rep. 1925 P. L. 65 sec. 14 but reen. in sets. 1-13 rep. 1929 P. L.
1278 sec. 1051 but reen in sets. 622-633.
4X3 1929 P. L. 38.
““1935 P. L. 641.
128 1933 P. L. 103 sec. 423 am. 1935 P. L. 1205.
424 1834 P. L. 170 No. 102; 1836 P. L. 525.
*In counties which did not accept the Free School Act, such petitions were received
until as late as 1854.
““1804, XVII St. at L. 720, ch. 2565 sec. 2 (in effect for 3 years) ; 1809, 5 Sm.L.
73; 1824 P. L. 537 sec. 67 rep. 1826 P. L. 52 which revised the act of 1809 sup. 1854
P. L. 617. Today these old petitions are found in very few counties.
146 COUNTY GOVERNMENT
number of days attended by each child, location of school, amount of
tuition, and teacher’s signature.427
Newspaper Files, 1893-1929.
These consist of copies of as many as three weekly newspapers published
in the county. They are arranged chronologically and bound.428
Proof of Publication.
Copies of newspapers are sometimes saved in order to give proof of the
publication of notices which the law requires to be published.*20
Compass Deviations, 1850-. Title varies : Surveyor’s Record; Sur-
veyor’s Journal.
In this book every surveyor of the county enters annually the deviation
of his compass from the true meridian. The information contained in
this record includes the amount of variation, whether the deviation is east
or west, the date on which instrument was adjusted, and the surveyor’s
signature.43o
Mine Examiners’ ,Certificates, 1901-21.
These certificates, kept only in Lackawanna, Luzerne, Carbon, Schuylkill,
Northumberland, and Columbia counties, were prepared by the mine exam-
iners. Before anyone was permitted to be a candidate for the office of mine
- inspector, his certificate had to be on file with the commissioners of his
county. On each candidate’s certificate is the following information: the
names of all applicants who passed the mine inspector’s examination, the
names of those who answered 90 per cent or more of the questions, the
name of each applicant, the questions asked him, and the questions
answered. The certificate bears the signatures of four of the five mine
inspectors.4s1
Maps.
In many counties various maps are found in the commissioners’ office.
These include maps of the county road system, mining maps, maps of
“‘These expenses usually were recorded in the general account books of the county.
a* 1893 P. L. 105 rep. 1929 P. L. 1278 sec. 1051.
lZBThese are often kept by the commissioners for convenience.
43o 1850 P. L. 594 sec. 4.
~1891 P. L.-l76 art. II sec. 8 am. 1901 P. L. 535 rep. 1921 P. L. 831 No. 290 sec.
18; Attorwy Gelzeral’s Opinion.i, vol. 1915-16, pp. 414, 415.
III
REGISTRATION COMMISSION
Evolution a& Structural Organization. In the colonial period a person I had to possess certain property and residential qualifications in order to
be classed as an e1ector.l After 1766 the elected inspectors of election ad-
ministered an oath to every prospective voter whose right to cast a ballot
was questioned. Anyone who refused to take an oath was not permitted
to vote. The county commissioners provided the election officials with a
list of the “names and rates of all taxables” in each district, which was
used for passing upon the “qualifications of electors. Provision was made
’ for marking the tax list to indicate that a person had voted.2 After 1840
5
‘he regular assessors were required to prepare annually a register of voters
Id to,.check on each household to see that the persons whose names were
on the tax list actually resided there and were entitled to vote. Applicetions
from persons whose names were omitted from the register might be made in
person to the assessor at various times .3 Special registry assessors were
elected to perform these duties after 1874 except in municipalities and
wards made up of only one election district.4
Two laws of 1906 brought about the adoption of a system of personal
’ Duke of York’s Book of Laws, September 22, 1676, in Churter to William Petit%,
p. 51; Laws Agreed upon in England, May 5, 1682, in Charter to William Penn, p. 99,
sets. 2, 3; The Body of Laws, December 7, 1682, in Charter to Wyillianz Penn, p. 121,
ch. LVII, LVIII ; 1700, II St. at L. 24 ch. XXVIII sec. 1; 1705-6, Ib St. at L. 212
sec. 3.
’ 1766, VII St. at L. 32 sets. 5, 8; 1799, 3 Sm.L. 340 sets. 1, 9 rep. 1839 P. L. 519
sec. 174 reen. as am. in sets. 6, 19, 20, 21, 63-66, 98 rep. 1937 P. L. 1333 sec. 1901;
1803 P. L. 669, 4 Sm.L. 100 sec. 5 rep. 1839 P. L. 519 sec. 174; 1874 P. L. 44 sec. 3
rep. 1937 P. L. 1333 sec. 1901; 1893 P. L. 419 sec. 27 rep. 1937 P. L. 1333 sec. 1901.
’ 1840 P. L. 683 sec. 3 rep. 1937 P. L. 1333 sec. 1901; 1874 P. L. 31 sets. 1, 2 am.
1891 P. L. 134 sets. 1, 2 further am. 1895 P. L. 75 sec. 1 further am. 1933-34 (Sp.
Sess.) P. L. 236 sets. 1, 2 rep. 1937 P. L. 487 sec. 46(2, 4, 7, 14).
’ 1874 P. L. 31 sec. 1 am. 1891 P. L. 134 rep. 1937 P. L. 487 sec. 46(a) and 1937 P. L.
1333 sec. 1901; 1874 P. L. 31 sets. 15, 18 am. 1933-34 (Sp. Sess.) P. L. 236 sets. 5,
6 rep. 1937 P. L. 487 sec. 46( 2, 14).
,149
’ 1906 (Sp. Sess.) P. L. 49 am. 1911 P. L. 993 further am. 1913 P. L. 249 No. 274
rep. 1913 P. L. 977 No. 452 sec. 19 reen. as am. in sets. l-18 rep. as to first-class:cities
1919 P. L. 857 sec. 52 but reen. for first-class cities in sets. 1-51 rep. 1933-34 (Sp.
Sess.) P. L. 140 sec. 4.5 further rep. 1933-34 (Sp. Sess.) P. L. 250 sec. 44.
‘1906 (Sp. Sess.) P. L. 63 am. 1911 P. L. 1014 further am. 1921 P. L. 977 further
am. 1923 P. L. 148 rep. 1935 P. L. 478 No, 195 sec. 41.
’ 1935 P. L. 475 No. 195 rep. 1937 P. L. S49 sec. 47(a) but reen. as am..iti sees. l-46.
B 1937 P. L. 487.
‘Ibid., sec. 3(a, b) ; 1937 P. L. 849 sec. 4(a, d). There is a special registration
commission for cities of second-class A. It consists of four persons appointed by the
Governor with the advice and consent of the State Senate, 1933-34 (Sp. Sess.) P. L.
140 rep. 1937 P. L. 1132 sec. 47 but reen. as am. in sets. l-46.
*’ 1937 P. L. 487 sec. 5 (a, b-l, c, d) ; 1937 P. L. 849 sec. 6(a, b-1, c, d).
IS0 COUNTY GOVERNMENT
registration of voters in cities of the first, second,” and third classes.s In
both cases registration of electors bad to be made in person before regis-
trars. Every year the prospective voter was obliged to reappear and re-
register on one of the appointed registration days. The commissioners of
every county containing a third-class city appointed the registrars, two for
each ward or election precinct.
Before 1935 two systems of registering voters were used in Petinsyl-
vania: personal registration in the cities and registration by assessors in
the boroughs and townships. A group of laws designed to provide uniform
system for the permanent registration of electors in all political divisions
of thk State was passed in 1935 and 1937. ‘Permanent registration was
adopted for third-class cities in 1935,? and for boroughs and townships in
1937.* The agency in charge of registration is the registration commis&
sion, which is made up of the county commissioners, who receive no addi-
tional compensation for their work in this capacity.O
Powers and Duties. The permanent registration of electors is carri
on under the supervision of the commission, which may appoint registr id
to aid it. The number of registrars and their compensation is determined
by the salary board, and county employees may be required io act as
registrars without additional remuneration. lo Registration may take place
at the office of the commission at any time except during a designated
period just before, during, and after the primaries and elections. Two or
more registrars must be sent at least twice a year to each city in the county
to register prospective voters. At its own discretion or upon petition of
at least 100 qualified electors of a given borough or township, the com-
mission arranges for a similar registration within the municipality, con-
REGISTRATION COMMISSION 151
cerned. Polling places, schools, and municipal buildings may be used for
this purpose.l*
In order to register one must possess the qualifications for voting.12 The
person desiring to register subscribes to a registration affidavit and his
answers to questions are entered on cards, the wording of which is stipu-
lated by law and the form prescribed by the Secretary of the Common-
wealth.13 These are filled out in duplicate for each applicant. The originals
are placed in the District Register and the duplicates in the General Reg-
ister. The former consists of the cards from the election district and the
latter of all the cards from the county. They are arranged alphabetically
in each register and kept at the office of the commission. The General
Register may be removed only upon order of the court and is kept locked,
but the District Registers are open to public inspection and are removed
to the respective polling places for each primary and election.14 After a
person registers he never needs to re-register unless he moves from the
district or fails to vote at all during a Z-year period.15 At the various regis-
trations any elector may change his political affiliations.1° Transfer of regis-
tration within the county or election district is effected merely by sending
a removal notice to the commission before a designated date prior to the
primary or election at which one wishes to v0te.l’ The commission hears
appeals of rejected applicants.ls
The registration commission is required to make a checkup of registra-
tion at least once in 4 years, either by notices mailed to registrants, by re-
quired reports from postmen, or by visits of an inspector to each building
from .which an elector is registered. Inspectors, like registrars, are ap-
pointed by the commission. When an investigation by any of-these methods
seems to show that the registrant is not located at the address from which
he has, registered, his registration is canceled unless he proves his right
u 1937 P. L. 487 sec.’ 16; 1937 P. L. 849 sec. 17.
I* 1937 P. L. 1333 sec. 701.
lJ 1937 P. L. 487 sec. 17(a-c) ; 1937 P. L. 849 sec. 18(a-c).
I4 1937 P. L. 487 sec. 18; 1937 P. L. 487 sec. 24 am. 1939 P. L. 278; 1937 P. L. 487
sec. 25; 1937 P. L. 849 sec. 19 ; 1937 P. L. 849 sec. 25 am. 1939 P. L. 276 ; 1937 P. L.
849 sec. 26.
u 1937 P. L. 487 sec. 19 ; 1937 P. L. 849 sec. 20.
I8 1937 P. L. 487 sec. 28 am. 1939 P. L. 281; 1937 P. L. 849 sec. 29 am. 1939 P.
L. 280.
” 1937 P. L. 487 sets. 26, 27 am. 1939 P. L. 606; 1937 P. L. 849 sec. 27, 28 am. 1939
P. L. 602.
” 1937 P. L. 487 sec. 23; 1937 P. L. 849 sec. 24.
152 / COUNTY GOVERNMENT ( -
to it lo Within 30 days before every primary and election the commission .
corrects the general and district registers from the information which has
been, received.‘O I /
The commission delivers the locked District Registers to the election
officers on election days. Any person whose card is in the register and who
signs the voters’ certificate with a signature which appears the same as
that on the voters’ card in the register may vote unless the election officers
are satisfied that he has moved from the district or given or received an
election bribe. The voters’ certificates are placed in a locked binder known
as the Voting Check List. After the election the judge of election takes
the Voting Check List and the District Register to the registration com-
mission. The commission examines the contents of both and reports
any indication of fraud to the district attorney.21 It may subpoena wit-
nesses, question any person concerning registration matters, and require
the production of relevant books and papers. Any member of the commis-
sion may administer oaths to persons testifying before the commission.22
Before the board of elections meets to compute and canvass returns, the
registration commission must certify to it the total registration of each
election district. After primaries it must provide the board with the enroll-
ment by political parties. The board compares these figures with the num-
ber of ballots cast to determine whether fraud has been practicedF8
Within 3 weeks after each general municipal election, the registration
commission sends a notice to everyone who has not voted for 2 years. His
registration will be canceled unless he files with the commission a writ-
ten request for reinstatement. Reinstatement, after cancellation has oc-
curred, takes place when the applicant follows the procedure of his first
registration.24
The commission may make any rules and regulations dealing with regis-
tration which are not inconsistent with the laws of the Commonwealth.*’
It may appoint employees, including registrars, inspector, and a chief
clerk, and the members of the commission may themselves perform the
‘@ 1937 P. L. 487 30, 31; 1937 P. L. 849 31, 32. sets. sets.
” 1937 P. L. 487 32(a) 1939 P. L. 446 1937 P. L. 849 sec. am. ; sec. 33 am. 1939 p. L. 443.
*’ 1937 P. L. 487 35-37; 1937 P. L. 849 36-38. sets. sets.
” 1937 P. L. 487 4(c, d), 43; 1937 P. L. 849 S(c, d), 44. sets. sec.
rs 1937 P. L. 1333 1404(b). sec.
” 1937 P. L. 487 38; 1937 P. L. 849 sec. sec. 39.
28 1937 P. L. 487 4(a) 1937 P. L. 849 S(a). sec. ; sec.
REGISTRATION COMMISSION 153
functions of registrars and inspectors.‘” All funds for the work of the
registration commission are secured from appropriations made by the
county commissioners, who also provide it with funds for suitable ofices
and supplies.27 The commission must permit watchers and attorneys for
each candidate to attend its sessions and be present at the registration of
electors.” Appeals from the decisions of the commission are taken to the
court of common pleas.“”
Records. All records and documents of the commission are open to the
public. 3o Any record not essential for maintaining the current status of any
qualified voter may be destroyed by the commission after 3 years.31
Minute Book, 1935- in counties containing one or more third-
class cities ; 1937- in other counties.32
Minutes of the registration commission, showing date and place of meet-
ing, members present, business transacted, and signature of secretary.33
District Register, 1935- in counties containing one or more third-
class cities ; 1937- in other counties.
This record consists of the original registry cards for every registered
voter in the county. The following information is given for each applicant:
full name ; occupation ; full address ; length of residence in the county ;
former place of residence ; sex ; color ; state or territory of birth if in
United States; country of birth if the applicant is foreign-born; the time,
place, and court where he was naturalized ; the number of his naturaliza-
tion certificate ; derivative naturalization ; if assistance is required in voting
because of illiteracy or physical disability ; the designation of his political
party to entitle him to vote in primaries; the affidavit of registration ; the
height, color of hair and eyes, and date of birth of applicant; and whether
or not he is a Federal or State employee. It is signed by the elector and
the registrar and contains spaces for entering a record of the voters’ change
of address and of the primaries and elections at which he votes. These
‘“1937 P. L. 487 sets. 5(e, f), 7(a), 9; 1937 P. L. 849 sets. 6(e, f), 8(a), 10.
CT 1937 P. L. 487 sec. 7(b) 1937 P. L. 849 8(b). ; sec.
= 1937 P. L. 487 sets. 13, 14; 1937 P. L. 849 14, 15. sets.
‘= 1937 P. L. 487 sets. 41, 42; 1937 P. L. 849 42, 43. sets.
So 1937 P. L. 487 sec. 12; 1937 P. L. 849 13. sec.
al 1937 P. L. 487 sec. 39 1939 P. L. 292; 1937 P. L. am. 849 sec. 40 am. 1939 P.
L. 290.
y? This record is not always kept separately, but may be found in the Commissioners’
Minute Book.
‘* 1937 P. L. 487 sec. 3(d) 1937 P. L. 849 4(c). ; sec.
L
154 COUNTY GOVERNMENT
cards are filed alphabetically by the name of the voter within each election
district.34
General Register, 19,35- in counties containing one or more third- 1 i
class cities ; 1937- in other counties. Title varies : Register Boxes ; :
- General File ; Permanent Registration Index. /
This record contains the duplicates of the cards which make up the Dis-
trict Register. Accompanying the duplicate registration card of any one
unable to sign his name are affidavits of two persons acquainted with the
registrant. The duplicate registration cards are filed alphabetically for the
entire county.S5
Rejected Registration Cards, kept for 2 years. Title varies: Void
Cards ; Certificate of Registration.
These cards are partially filled out before the applicants were rejected.36
Canceled Registration Cards, kept for 5 years after the registration
is canceled. Title varies: Elector’s Cards Removed from Files.
These consist of the cards taken from the District Register and the General
Register when a registrant loses his right to vote.37
Voting Check List, 1935- in counties containing one or more third-
class cities ; 1937-- in other counties. Title varies : Voters’ Cer-
tificates.
After every primary or election, all the voters’ certificates from each dis-
trict are placed together in a binder. Each certificate contains the follow-
ing information: date of the primary or election; signature and address
of voter, signature of election officer, number of ballot stub or number of
admission to voting machine, and party membership if it is a primary
eleCtion.3s
Street Lists, kept 3 years, two copies of each.
These are lists prepared for each election district, and arranged by streets
34 1937 P. L. 487 sec. 18; 1937 P. L. 487 sec. 24 am. 1939 P. L. 278; 1937 P. L. 487
sec. 25; 1937 P. L. 849 sec. 19 ; 1937 P. L. 487 sec. 25 am. 1939 P. L. 276; 1937
P. L. 849 sec. 26.
as 1937 P. L. 487 sec. 18; 1937 P. L. 487 sec. 24 am. 1939 P. L. 278; 1937 P. L. 487
sec. 25; 1937 P. L. 849 sec. 19; 1937 P. L. 487 sec. 25 am. 1939 P. L. 276; 1937 P. L.
849 sec. 26. There is either one General Register for the entire county or one for
the cities and a second register for boroughs and townships.
38 1937 P. L. 487 sets. 17 (d, e), 22; 1937 P. L. 849 sets. 18(d) e), 23.
37 1937 P. L. 487 sec. 39(a) am. 1939 P. I;. 292 ; 1937 P. L. 849 sec. 40 (a) am. 1939
P. L. 290.
38 I937 P. L. 489 sec. 36(f) ; 1937 P. L. 849 sec. 37(f).
REGISTRATION COMMISSION 1.55
and house numbers. They contain the name, address, and party affiliation
of every qualified elector.38
Reports of ‘Deaths, kept 3 years. Title varies: Vital Statistics.
This consists of a record of deaths of persons over 20 years of age within
the county. It is compiled from information submitted once a week by the
local registrars of vital statistics and shows the name and address of the
elector, sex, color, and the dates of birth and death.40
Removal Reports, kept for 3 years.
Ptiblic service companies and municipalities furnishing gas and electricity .
to householders report in writing from time to time, on request of the
commission, the names of all persons for whom service was discontinued
and the changes of address if these are known. Real estate brokers, rental
agencies, and moving companies make similar reports.*’
Removal Notice, 1935- in counties containing one or more third-
class cities ; ;1937- in other counties.
These are cards sent by registered voters to notify the registration commis-
sion of their changes of address. They show the name of voter, former
and present addresses, election district, date of removal, signature of voter,
and date on which transfer was made.42
Affidavits for Change of Enrollment, kept for 3 years.
These are affidavits of voters who have changed their party enrollment.
Each affidavit shows the election district, the voter’s name, and the names
of old and new parties. It also contains the date of change and the signa-
tures of the applicant and the registrar.4s
Correspondence, 1935- in counties with one or more third-class
cities, 1937- in other counties.
Office correspondence and miscellaneous papers pertaining to the business
of the registration office make up this record.44
” 1937 P. L. 487 sec. 32(b, c) ; 1937 P. L. 487 sec. 33 am. 1939 P. L. 446; 1937
P. L. 849 sec. 33(b, c) ; 1937 P. L. 849 sec. 34 am. 1939 P. L. 443.
” 1937 P. L. 487 sec. 2!J(a, b) ; 1937 P. L. 849 sec. 30 (a, b).
” 1937 P. L. 487 sec. 30(c) am. 1939 P. L. 289; 1937 P. L. 849 sec. 30(c) am. 1939
P. L. 287.
(2 1937 P. L. 487 sets. 26, 27 am. 1939 P. L. 606; 1937 P. L. 849 sets. 27, 28 am.
1939 P. L. 602.
a 1937 P. L. 487 sec. 28 am. 1939 P. L. 281; 1937 P. L. 849. sec. 29 am. 1939
P. L. 280.
“There is no requirement for the keeping of this record, and all counties do not
keep it.
156 COUNTY GOVERNMENT
In some counties the registration commission has retained various rec-
ords formerly kept by the registry assessors of boroughs and townships
and by the registration commissions of third-class cities. These include:
Registiy Lists, 1874-1937. Title varies (From 1933 to 1937 these
lists were known as the Ballot Check Lists and the Voting Check
Lists ; the latter is a duplicate of the former).
These are based on the Original Registry Lists prepared by the registry
assessors and contain the following information. about every qualified voter
of the boroughs and townships : name, address, occupation, political affilia-
tion, whether he is a householder, or a boarder, and the name of his em-
ployer. The list also shows the voter’s naturalization status, whether he is
voting on age, and whether he is a new resident of the district.45
Voting Registers, 1906-35.
Registers of voters in third-class cities are sometimes still found. They
contain the following facts about each registered voter: full name; occu-
pation ; complete address ; whether lodger, lessee, or owner ; length of resi-
dence in the State and district ; place of residence at last registration ; birth-
place ; political affiliation ; whether naturalization papers or tax receipt were
produced ; number of affidavit of payment of tax; whether registrant votes
on age ; personal description ; number of challenge-affidavit ; and whether he
voted. There was a separate register for each election district.46
Registration Returns, 1925-.
* This consists of tabulated returns made by the registrars, assessors, and
registry assessor and shows for each district the number of men and women
belonging to each political party and the number of native-born, foreign-
born, and colored men and women registered to vote.41
Petitions, 187”. Title varies : Petitions Refused.
These are requests received by the county commissioners and the registra-
tion commission to place additional names on the registers and to transfer
registration cards from one district to another.4s
“1874 P. L. 30 sets. l-3 am. 1891 P. L. 134 further am. 1895 P. L. 7.5 further am.
1933-34 (Sp. Sess.) P. L. 236 rep. 1937 P. L. 487 sec. 46(2, 4, 14) ; 1913 P. L. 719
sec. 13 am. 1919 P. L. 839 sec. 3 further am. 1931 P. L. 635.
M 1906 (Sp. Sess.) P. L. 63 am. 1911 P. L. 1014 further am. 1921 P. L. 977 further
am. 1923 P. L. 148 rep. 1935 P. L. 478 No. 195 sec. 41; 1913 P. L. 917 sec. 13 am. 1919
P. L. 839 sec. 3 further am. 1931 P. L. 635.
I7 1925 P. L. 663.
uI These petitions have been received according to the terms of a number of laws.
which have already been discussed.
IV
COUNTY BOARD OF ELECTIONS
Evolution and Structural Organization. Prior to 1937 the supervision
over elections by county officials was divided among the commissioners,
the sheriff, and the courts. The commissioners provided supplies and paid
the expenses incurred in the conduct of elections,l prepared ballots,” and
were almost wholly responsible for primaries.3 Writs authorizing elec-
tions were sent to the sheriff, who announced the date and place and the
of&es to be filled.4 The court of quarter sessions divided the county-into
election districts5 and the court of common pleas acted as a return board
except for primaries. 6 The courts had in addition a number of duties con-
cerned with contested elections and alleged fraud.’ In 1937, however, many
of the duties pertaining to elections were coordinated under the county
board of elections, a new agency created at that time.’
In each county the commissioners, without compensation, serve as the
county board of elections.8 All decisions of the board are determined by a
’ 1839 P. L. 519 sec. 93 am. 1840 P. L. 683 sec. IO further am. 1895 P. L. 290 No.
206; 1840 P. L. 683 sec. 7 sup. 1893 P. L. 419 sec. 10 am. 1895 P. L. 392 sec. 1; 1840
P. L. 683 sec. 7 sup. 1983 P. L. 419 sec. 19 ; 1874 P. L. 31 sec. 22; 1876 P. L. 136 sec.
1; 1891 P. L. 349 sec. 19; 1929 P. L. 549 sec. 4 am. 1931 P. L. 1185’sec. 3 further am.
1933 P. L. 846; all rep. 1937 P. L. 1333 sec. 1901.
* 1891 P. L. 349 sec. 1, 13, 16 rep. 1937 P. L. 1333 sec. 1901; 1893 P. L. 419 sets. 1,
13 rep. 1937 P. L. 1333 sec. 1901; 1893 P. L. 419 sec. 16 am. 1921 P. L. 1079.
’ 1906 P. L. 36 rep. 1913 P. L. 719 sec. 25; 1913 P. L. 719 sec. 4 am. 1915 P. L.
1044 sec. 1; 1913 P. L. 719 sec. 9; 1913 P. L. 719 sec. 10 am. 1919 P. L. 839 sec. 2
further am. 1935 P. L. 74 sec. 1 further am. 1935 P. L. 83 sec. 3; 1913 P. L. 719 sec.
12; 1913 P. L. 719 sec. 14 am. 1919 P. L. 839 sec. 4 further am. 1921 P. L. 669 sec. 1
further am. 1923 P. L. 293 sec. 1 further am. 1923 P. L. 920 sec. 1 further am. 1935
P. L. 74 sec. 2 ; 1913 P. L. 719 sec. 16; all rep 1937 P. L. 1333 sec. 1901.
’ 1839 P. L. 519 sets. 38, 41; 1893 P. L. 419 sec. 9 am. 1897 P. L. 223 sec. 5 further
am. 1903 P. L. 338 sec. 1; 1893 P. L. 419 sec. 10 am. 1895 P. L. 392 sec. 1; all rep.
1937 P. L. 1333 sec. 1901.
’ 1739, IV St. at L. 331 sec. 1; P. L. 419 sec. 1 rep. 1937 P. L. 1333 sec. 1901.
“1935 P. L. 246 sec. 1 rep. 1937 P. L. 1333 sec. 1901.
’ 1874 P. L. 208 sets. 5, 11, 16; 1906 P. L. 78 sets. 9, 10; 1913 P. L. 719 sec. 15
am. 1919 P. L. 839 sec. 5 further am. 1921 P. L. 1125 set 1; 1913 P. L. 719 sec. 20; all
rep. 1937 P. L. 1333 sec. 1901.
8 1937, P. L. 1333.
O 1937 P. L. 1333 sec. 301 (b).
157
158 COUNTY GOVERNMENT
majority vote. The county commissioners furnish the board with suitable
ofices at the county seat and any necessary branch offices. Funds needed
for the operation of the board and the conduct of elections, both primary
and general, are secured from appropriations by the commissioners. The
county solicitor acts as counsel for the b0ard.l’
Powers and Duties. The county board of elections has almost complete
jurisdiction over the conduct of primary and general elections within the
county, The board selects the polling place for each new election district
and may change the voting place of any district already in existence. If
possible public buildings are used, but if a privately owned place is used,
this agency fixes the amount of rent to be paid. It is the responsibility of
the board to provide necessary light and heat for the polling place and to
furnish it with voting compartments.11 All other equipment for elections is
purchased .by the board, which is also in charge of storing it while not in
use.12 The board-may appoint a chief clerk and as many other employees
is it considers necessary, and it may require that any employee of the
county commissioners’ office act as an employee of the board of elections
without additional compensation.13 Members of the district election boards,
consisting of elected judges and inspectors of election, are paid by the
county board, which also issues certificates of appointment to watchers at
primaries and elections. The board must see that local election officers are
instructed in their duties.14
The routine duties of the board of elections begin before the primaries,
which are held in the spring of even-numbered years and in the fall of
other years.15 The board determines which organizations wi,thin the county
are entitled to be considered as political parties. Not later than the tenth
Tuesday before the primary the board sends a list of all such organizations
to the Secretary of the Commonwealth. It then determines the offices for
which candidates are to be nominated in the ensuing primary. This in-
formation is secured from the secretaries of municipalities and school dis-
tricts, from the Secretary of the Commonwealth, and from the State and
county chairmen of every political party. Thereupon the board publishes
newspaper announcements of the date of the primary and the offices to be
“Ibid., sets. 303, 305, 306.
“Ibid., sets. 302(b), 526-530; 1937 P. L. 1333 sec. 531 am. 1939 P. L. 215.
1, 1937 P. L. 1333 ‘sec. 302(c).
‘“Ibid., sets. 302(d), 303(b).
“Ibid., sets. 302(e, g), 401, 404, 405, 412, 414.
“Ibid., sets. 601-604, 626, 627.
ELECTION BOARD ,159
filled.le Nominating petitions and withdrawals of candidates are sent to
the board,ll whereupon it prepares the ballot, casting lots for each candi-
date’s position on the ballot in relation to the other candidates for the
same office.18 The returns of primaries made by the district election officers
are sent to the election board, which tabulates and computes them.18
Ten or more days before each November election the county board of
elections makes newspaper announcements for at least 2 successive weeks
of the date, time, and place of the election, and the offices to be filled.‘O
Local authorities send to the board officials lists of nominees for local
offices; the Secretary of the Commonwealth does the same for State and
National offices and sends in addition a copy of the text of any questions
to be voted on in the election. 21 The board then has the ballots prepared.
After ‘the Thursday before election day the ballot forms are open to the
public and specimen ballots are available to candidates and political parties
in order that they may print sample ballots for distribution.22
After every primary and general election, the board of elections acts as
a return board. Any member who is himself a candidate may not aid in
the computation and canvass of returns. If two or more of the commis-
sioners arecandidates for oftice, one of the judges, the prothonotary, or
the sheriff may sit on the return board to increase the membership to two.
The board withholds ‘compilation of the vote until the third Friday after
the election in years when electors who are absent on military service are
voting in camp. The computation of returns, usually taking place on the
third day after the election, is held publicly.23 Every candidate may be
present in person or by attorney and may be represented by watchers at
the canvassing and compilation of the vote and at any other session of the
board when matters which may effect his candidacy are being heard.24 The
return board compares the number of registered voters with the number
of votes cast. If the latter figure exceeds the registration of the district in
question, no votes from that district may be counted until an investigation is
‘“1937 P. L. 1333 sets. 302(h), 901(b)-906, 916.
“Ibid., sets. 302(j), 913, 914, 978.
B Ibid., sec. 915.
lo Ibid., sets. 302(k), 921.
“Ibid., sets. 106, 1201.
nZbid., sec. 984.
=Zbid., sea 1001, 1007, 1008.
1Zbid., sets. 1317, 1402, 1404(a). I
“Ibid., sec. 310. ,
160 COUNTS GOVERNMENT
made.*” The board has extensive powers in this respect. It may issue
subpoenas, summon witnesses, and compel the production of any books,
papers, records, and other evidence pertaining to the election. Each mem-
ber of the board may administer the necessary oaths to persons testifying
before this group, Any regulations not inconsistent with the law may be
made by the board of elections.26
After an investigation into any returns about which there is doubt, the
board may correct the returns according to a recount or exclude the poll
of a district either in its entirety or for the particular office, candidate, ques-
tion, or party for which the excess of votes existed.27 Whenever the cir-
cumstances seem to warrant it, the board reports the facts of the case to
the district atorney.28
At the close of the compilation of the vote, the board publicly announces
the results of the elections and issues certificates of election to the success-
ful candidates for county and local governmental and party offices.2g It
sends to the Secretary of the Commonwealth certificates of the returns for
other officers and for county offices which must be commissioned by the
Govenor. Any appeals from the decisions of the board are made to the
court of common pleas.31
A number of miscellaneous duties have been delegated to the county
board of elections. It may petition the court of quarter sessions for the
creation of new election districts or the change of the boundaries of exist-
ing districts.32 It investigates and reports to the court all petitions for such
changes which have been made by the electors of the county. The board
must systematically inspect the conduct of elections within the county in
order to insure that they are honestly, efficiently, and uniformly conducted.
It submits an annual estimate of its expenditures for the following year.
Once a year it sends a report to the Secretary of the Commonwealth in the
form prescribed by him. Part of this report is a statement of the number
of electors registered.33
The county board of elections has supervision over the installation of
s Ibid., sec. 1404.
s 1937 P. L. 1333 sea. 302(f), 304.
“Zbid., sec. 1404.
yI Ibid., sec. 302(i).
29 Ibid., sets. 302 (i) , 1404 (f) .
a’ Ibid., sets. 1411-1416,
“Ibid., sec. 1407.
*2 Ibid., sec. 503.
” Ibid., sec. 302(a, g, m, n) .
ELECTION BOARD 161
voting niachines which may be used in the county as a whole or in any of
the cities, boroughs, or townships voting to do so. The board itself may
submit the question of the use of such machines to the electors or it may
place it on the ballot at the request of a borough council, of the commis-
sioners or supervisors of any township, or of a designated number of quali-
fied voters. If .the results of such elections are favorable, the board must
purchase and install the machines, prepare them correctly prior to each
election, arrange for the instruction of voters in their use, appoint cus-
todians and inspectors of the machines, and provide for their safekeeping
when not in use.34
The board must perform any other duties which the law requires of it.35
A member who willfully neglects or refuses to perform any of his duties
is guilty of a misdemeanor. Upon conviction he may suffer fine and im-
prisonment.36
Records. All records of the board must be preserved for at least 11
months. If the district attorney or a judge states in writing that any par-
ticular records are needed for a longer time for any pending prosecution
or litigation, they must be retained accordingly. Except for the contents of
ballot boxes and voting machines, and the record of assisted voters, all
papers are open to the public. Any qualified voter may inspect them in the
presence of a member or employee of the board.37 In many counties the
board of elections has in its custody the election records formerly kept by
the sheriff, the county commissioners, the clerk of courts, and the pro-
thonotary, but in other counties these records remain with the officials who
formerly kept them.
Minute Book, 1937-.
This book contains minutes of the meetings of the board of elections show-
ing date, time, and place of each meeting ; the business transacted ; and
signature of the chief clerk.38
Nomination Petitions, 1906. Title varies : Candidates Nomina-
tions.
These are petitions filed with the conimissioners by all candidates for nom-
111 Ibid., sets. 1101-1118, 1230.
m 1937 P. L. 1333 sec. 302(o).
“Ibid., sec. 1850.
ST Ibid., sets. 308, 309.
58 The law does not require that a separate minute book be kept and in most counties
the minutes of the board are incorporated into the county commissioners’ minutes.
162 COUNTY’ GOVERNMENT
ination to municipal, county, and party offices. Each of them shows the
name, address, party affiliation, and occupation of the candidate and peti-
tioners ; office sought ; petition number ; and date of filing.80
Record of Nomination Petitions, 1906--. Title varies : Index-Pe-
titions.
All nomination petitions received by the county commissioners are recorded
in this book, which shows the name, address, occupation, and party affilia-
tion of candidates ; office sought by each candidate ; date of filing petition ;
and petitioner’s position on the ballot.40
Candidates’ Withdrawal Notices, 1893-.
These are petitions received from candidates for nomination or election in
which they state their intention to withdraw their candidacy. They are
signed by the candidate and acknowledged before an official empowered to
receive oaths.‘l
Nomination Papers, 1893-.
When a candidate for municipal, county, or party office is nominated di-
rectly by a political body rather than through a primary election, nominat-
ing papers are filed with the county board of .elections. These papers con-
tain the name of the political body; name, address, and occupation of every
candidate nominated by means of the paper ; office for which each candi-
date is nominated ; names and addresses of the committee authorized to fill
vacancies ; and signatures of the persons presenting the nomination paper.4”
Objection to Nomination, 1937-. ’
These are copies of petitions filed in the court of common pleas setting
forth objections to designated nomination papers on petitions and asking
that’the paper or petition be set aside.43
so 1906 (Sp. Sess.) P. L. 36 sec. 5 rep. 1913 P. L. 719 sec. 25 but reen. in sec. 7 am.
1917 P. L. 244 sec. 3 further am. 19i9 P. L. 839 sec. 1 further am. 1925 P. L. 361
No. 214 sec. 1 further am. 1931 P. L. 68.5 No. 251 sec. 1 further am. 1933 P. L. 1106
No. 271 sec. 1 rep. 1937 P. L. 1333 sec. 1901 but reen. in sec. 913.
u, This is not a required record and is very seldom kept. .
” 1893 P. L. 419 sec. 7 am. 1919 P. L. 832 sec. 3 further am. 1923 P. L. 67 rep.
1937 P. L. 1333 sec. 1901 but reen. in set: 914; 1913 P. L. 719. sec. 19 am. 1925 P. L.
361 No. 214 sec. 2 rep. 1937 P. L. 1333 sec. 1901 but reen. in sec. 714.
e 1893 P. L. 419 sec. 5 am. 1897 P. L. 223 sec. 3 further am. 1919 P. L. 832. sec. 1.
This procedure is but rarely followed today and, consequently, such papers are found
in very few counties.
u, 1937 P. L. 1333 sec. 977.
ELECTION BOARD 163
Ballot Record, 1937-.
This is a record of the number of official ballots printed and furnished to
each- election district for every primary and election. It shows the number
of stubs and unused and canceled ballots returned after the election and
states what disposition was made of the additional official ballots which
were provided.44
Ballots Cast, 1937-. Title varies: Official Election Returns. Not
open to public inspection.
The actual ballots cast at the various elections are usually arranged in
bundles according to election districts. They show name of municipality,
ward and district number, candidates’ names, party affiliations, and offices
sought: To each bundle is afXxed the signatures of the judge of elections
and the inspectors.46
Voting Machine Records, 1937-. Title varies: Official Election
Returni. Not open to public inspection.
These are the actual paper rolls on which are registered the choices made
when voting machines are used. Each roll shows the number of the ma-
chine, name of, municipality, date of election, candidates’ names, party
affiliations, and offices sought. They are usually placed in separate bundles
according to the election district, with each bundle bearing the signature
of the judge and inspectors of election.46
Soldiers’ Ballots, 1864-. Not open to public inspection.
These are the ballots cast by those qualified voters of the county who were,
absent ‘on military service.4T
Detached Soldiers’ Ballots, 1937-. Not open to public inspection.48
When a qualified voter of the county, absent on military service is separated
from his unit or is in a group consisting of less than 10 electors of the
county, he sends back a single ballot, which is known as a Detached Soldiers’
Ballot.4O
H Ibid., sec. 1011.
,L6 Ibid., sec. 1225.
a 1937..P. L. 1333 sets. 1226-1228.
” 1864 P. L. 990 sec. 17 rep.’ 1937 P. L. 1333 sec. 1901.
a These ballots must be preserved for at least a year.
(D 1864 P. L. 990 sets. 31-34 rep. 1937 P. L. 1333 sec. 1901 but reen. as am. in sec.
1330: These ballots are not found prior to 1937, because, according to the terms of
the act of 1864, every such ballot was mailed to someone in the soldiers’ own district..
He, in turn, placed it in the ballot box on election day.
164 COUNTY GOVERNMENT
Record of Assisted Voters, 1893--.6O
This record contains the following information about every elector entitled
to receive assistance in voting: his name, a statement of the facts which
entitled him to receive assistance, and name of person who furnished the
assistance.6’
Election Returns, 1839-.52
These are the official results of all elections as prepared by the judges of
election. Each contains the following: names of candidates and districts,
date of election, candidates’ party affiliations and offices sought, number of
votes received by each candidate, name of attesting clerk, and signatures of
inspectors and judges of election.63
Election Record, 1839-1937. Title varies : Election Docket.b4
This is a record of the results of all elections as prepared by the prothono-
tary. The information is similar to that in Election Returns.6’6
Candidates’ Expense Accounts, 1906-. Title varies : Election
Vouchers.
These are the records of election expenses of candidates for county, local,
and party offices, showing name and residence of candidate concerned, office
sought, an itemized account of his receipts and expenditures, candidate’s
signature, and acknowledgment by subscribing official.@
List of Local Election Officers.
These are lists of the judges and inspectors of elections in each district in
the county5r
MThis record is open to the county board of elections and the registration com-
mission only. Other persons may examine it upon the written order of a judge of
the court of common pleas.
61 1893 P. L. 419 sec. 26 am. 1927 P. L. 363 sec. 1 rep. 1937 P. L. 1333 set 3501
but reen. in sec. 1218(c).
‘*In some counties returns of elections prior to 1937 are still in the prothonotary’s
office.
m 1839 P. L. 519 se& 79; 1839 P. L. 519 sec. 83 sup. 1874 P. L. 31 sec. 13 am. 1899
P. L. 127 further am. 1909 P. L. 425 further am. 1923 P. L. 267 No. 171 further am.
1925 P. L. 103; all rep. 1937 P. L. 1333 sec. 1901 but reen. as am. in sec. 1408.
M This record is often found in the ,prothonotary’s office instead of the office of the
board of elections.
w 1839 P. L. 519 sec. 84 rep. 1937 P. L. 1333 sec. 1901.
” 1906 P. L. 78 sec. 6 rep. 1937 P. L. 1333 sec. 1901 but reen. as am. in sets.
1607, 1608.
“‘This is not a required record, but is frequently kept as a’matter of convenience. -
ELECTION BOARD 165
Expense Accounts of the Election Board.
These accounts form a record of expenses incurred for the purchase and
storage of election supplies, renting of polling places, and compensation
of local election officers.58
Order to Pay Election Officers.
Among the papers here found are bills covering the election expenses for
each district, showing the names of municipality and district or ward,
date of election, amount due and for what purpose, names of respective
election boards, and signature of judge of election. Also contained in this
record are certificates from landlords, showing location of polling place,
amount of rent, date of use, names of election officials and signature of
landlord.“”
Petitions for Special Elections. Title varies : Special Elections.
These are petitions received by the commissioners for the holding of special
elections. They include a sample ballot, a list of questions to be voted upon,
date and place of election, and signatures of municipal officials.00
Petitions to Change Polling Places.
Petitions to change local polling places are here filed. Each petition shows
name and location of voting district, the present polling place, the new
place requested, signatures and addresses of petitioners, and date.“l
6”This record is not required and is usually incorporated into the general county
accounts.
I0 These are usually filed with the general orders issued by the county commissioners.
8o The board is not required to preserve these petitions, but frequently it does so.
“The filing of these petitions is not obligatory, but they are found in a few counties.
V
RECORDER OF DEEDS
Evolution and Structural Organization. Since the period when the Duke
of York’s laws were in force in Pennsylvania, a mortgage or deed, to be
effective, has had to be officially recorded. At first copies of such papers
were filed by the single recording officer of the county, the clerk of the
court of sessi0ns.l “Implanted land” had to be surveyed and the drafts
examined to be certain that there were no conflicting claims.2
A special officer responsible for the recording of papers relating to real
property was provided for in various early laws of the proprietary period.
William Penn’s Frame of Government stipulated that the Provincial Coun-
cil should annually select and present to the Governor the names of two
candidates from whom the Governor selected one to act as Master of the
Rolls throughout the province .3 All conveyances of land, exoept leases for
short periods, had to be enrolled in his office or they were considered void.4
In addition to recording deeds, mortgages, and similar papers the Master
of the Rolls recorded the laws of Pennsylvania and copied and searched
records for those who wanted such work done.5
A law of 1683 stated “That all deeds of sale, Mortgages, Settlements,
Conveyances (except leases for a year), shall be declared and acknowledged
in open court.” B The clerk of courts’ fee bill of the same year includes
“Bargains and Sales of houses and lands.” 7
In 1706 the first “act for the acknowledgment and recording of deeds”
was passed. It provided that within 6 months every deed or conveyance
of real property had to be acknowledged by two witnesses before a justice
‘Duke of York’s Book of Laws, 1676, Charter to William Penn, pp. 23, 26, 62, 66.
= Ibid., p. 35.
‘The Frame of the Government, 1682, in Charter to William Pen%, p. 97.
‘Laws Agreed upon in England, 1682, in Charter to William Penn, p. 101; The
Great Law, 1682, in Charter to William Penn, pp. 118, 119, ch. XLIV.
‘Laws of the Assembly, 1683, in Charter to William Penn, p. 148, ch. CXXIX;
1700, II St. at L. 137.
‘Laws of the Assembly, 1683, in Charter to William Penn, p. 132 ch. LXXIX; A
Petition .of Right, 1693, in Charter to William Pew, ch. 43 p. 205 reen. 1700, II St.
at L. 127; 1700, II St. at L. 131; 1700, II St. at L. 137.
‘Laws of the Assembly, 1683, in Charter to William Penn, p. 149.
166
RECORDER 167
of the peace or the recorder of deeds or his deputy. Thereupon the officer
before whom the deed was sworn to place his name and seal upon the back
of the instrument, noting thereon the date and year of the acknowledgment.
Following this procedure the deed or conveyance had to be recorded in
:he city or county where the property was situated. Provisions were also
made for recording conveyances made outside of the province. All unre-
corded deeds were not to be recognized as legal. When a mortgage was
paid off the mortgagee entered satisfaction on the mortgage, and this, too,
was recorded in the enrollment office.8 Generally this system is still fol-
lowed.
The law of 1706 required that an enrollment office be kept in each county
with “the recorder or enroller or some sufficient deputy” in charge of it.
The recorder was to provide “rolls of paper or good, large, well-covered
books of royal or other large paper” in which he was to “record or enroll
deeds or conveyances in a fair legible hand.” The recorder received a
penny for each line he wrote.Q The law did not explain, however, how this
officer was cho$en.
Despite the provision for recorders of deeds in every county, the office
of Master of the Rolls continued to exist as “recorder or enroller for the
whole province.” He was obliged, either in person or by deputy, to hold
office in Philadelphia and each of the other counties for the purpose of re-
cording deeds. lo He evidently recorded original deeds and patents, while
the local recorders recorded deeds to property taken from land which had
.formerly been granted. The Master of the Rolls continued to exist with
the.samk duties as were originally given to him,li until the office was abol-
ished in 1809. The act of 1809 stipulated that the records of the Master
of the Rolls be deposited with other State officers. His patent books and
papers dealing with titles to land were given to the Secretary of the Land
Office, while those of his records which pertained to the enrollment of the
laws of the State were lodged with the Secretary of the Commonwealth,
who took over that phase of his duties.l*
’ 170.5-6, II St. at L. 206 sexs. 1-5.
’ 1705-6, II St. at L. 206 sec. 6.
w Ibid., sec. 7.
“1710-11, II St. at L. 331; 1710-11, II St. at L. 349 sec. 6; 1715, III St. at L. 96;
1722-23, III St. at L. 367; 1752, V St. at L. 159 sec. 2; 1752, V St. at L. 161 sets. 1,
4; 1775, VIII St. at L. 412 sec. 5; 1778, IX St. at L. 229 sec. 1; 1779, IX St. at L.
321 sec. 3; 1793, 3 Sm.L. 66 sec. 1; 1795, XV St. at L. 359 sec. 1; 1795, XV St.
at L. 375.
u 1809. XVIII St. at L. 1077.
168 COUNTY GOVERNMENT
Meanwhile the office of recorder of deeds was being developed in the
individual counties. The general acts of 1711 and 1715 were almost iden-
tical to the 1706 law concerning the recording of deeds.13 The law of 1715,
however, for the first time, explained how this officer was selected. The
Assembly appointed Charles Brockden as recorder of deeds for Philqdel-
phia, and provided that the prothonotary or county clerk should act as
recorder in each of the other counties until a majority ‘of the justices of
the courts of quarter sessions of the respective counties found occasion to
remove them and appoint others in their place.14
According to the provisions of the Constitution of 1776, the recorder
of deeds became an appointee of the General Assembly.15 The Constitution
of 1790 vested his appointment.in the Governor.l” It was not until 1838
that the office became elective and the recorder was given a definite term,
which at that time was 3 years.17 In 1909 the tenure was increased to
4 years.18
As has been noted, the ofice of recorder was originally combined with
that of prothonotary.18 The Constitution of 1776 set up the office of
register of wills and a law enacted in the following year stipulated that
except in Philadelphia the offices of register and recorder be held by
one man.*O
The Constitution of 1838 gave the legislature the power to set up a
definite arrangement of the five clerical offices in each county.2* A law
carrying out this requirement was passed in the following year,22 and is
still in effect in a number of the counties in which it has not been changed
by more recent acts. 23 The General County Law of 1929 sets up an alter-
nate arrangement for each class of county. Whenever these provisions con-
flict with those of the act of 1839 and later laws modifying it, the court
of common pleas may decide whether the county shall accept them. The
I1 1710-11, II St. at L. 349; 1715, III St. at L. 53.
“1715, III St. at L. 53 sec. 9.
I6 Const. of 1776, ch. II, sec. 34. 1785, XI St. at L. 556.
I’ Const. of 1790, art. II, sec. 8, art. V, sec. 11.
“Const. of 1838, art. V, sec. 10, art. VI, sec. 3.
I8 Const., art. XIV, sec. 2 as am. 1909.
lo 1715, III St. at L. 53 sec. 9.
w Ii’?‘?‘, IX St. at L. 68 sec. 1.
‘I Const. of 1838, art VI, sec. 3.
22 1839 P. L. 559 sec. 1.
m 1893 P. L. 462 No. 331; 1901 P. L. 271 NO. 178; 1901 P. L. 559 NO. 265 am.
1923 P. L. 155 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 222; 1911 P. L. 538.
RECORDER 169
act of 1929 provides that the recorder of deeds be a separate officer in
third, fourth, and fifth-class counties, that the office be combined with that
of register of wills and clerk of orphans’ court in sixth and seventh-class
counties, and that all five offices be held by one man in eighth-class
counties.24
Like all county officers, the recorder of deeds must be a citizen and a
resident of the county for at least 1 year before taking office.25 Vacancies
are filled by the Governor. The appointee holds office until a successor is
chosen in the first municipal election which takes place 2 or more months
after the original vacancy occurred.28 The recorder is not permitted to be
county treasurer during his continuance in office 27 and he may not act as
county controller either during his term of office or for 2 years there-
after.‘* He is exempted from military service.2Q Before assuming office ’
the recorder must take an oath 3o and post a bond in the amount fixed
by law.31
In seventh and eighth-class counties the recorder is paid by fees which,
in the more populous counties, are paid into the county treasury.“2 In coun-
ties where this officer is paid by fees, after he has received $4,000 in any
1 year, he must pay one-half of the excess to the State.“3 The recorder of
deeds receives an annual salary in all the other counties, It is fixed at
$4,000 in third,34 fourth 3s and fifth-class counties,3* and $3,000 in sixth-
** 1929 P. L. 1278 sec. 221 am. 1933 P. L. 950 No. 186.
” Const., art. XIV, sec. 3.
" 1929 P. L. 1278 sec. 60 am. 1931 P. L. 401 sec. 1; Attorney Getteral’s Opinions,
vol. 1925-26, pp. 251-253.
*’ 1841 P. L. 400 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 142.
‘a 1895 P. L. 403 No. 288 sec. 2 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 132.
m 1887 P. L. 23 sec. 110 sup. 1899 P. L. 266 sec. 2.
30 Const., art. VII, sec. 1; 1777, 1 Sm.L. 443 sec. 3; 1929 P. L. 1278 sec. 53.
31 1929 P. L. 1278 sec. 234.
az 1868 P. L. 3 sec. 8 does not extend to Beaver County where 1814 P. L. 352, 6
Sm.L. 228 sec. 18 is still in effect. Originally the law of 1868 did not extend to
Montgomery, Lancaster, and Washington counties as well but it was extended to
Montgomery, 1873 P. L. 641 and to Lancaster, 1899 P. L. 246. But since 1929 P. L.
127 fixes the fees of the recorder of deeds in third and fourth-class counties, Mont-
gomery, Lancaster, and Washington now come under that law.
3s 1874 P. L. 125 sec. 1 am. 1921 P. L. 69 further am. 1937 P. L. 2786; Comm: v.
Co~zvoy, 12 Pa. C. C. 630, 2 Dist. 429 (1893).
” 1876 P. L. 13 sec. 13 am. 1881 P. L. 21 further am. 1887 P. L. 301 further am.
1901 P. L. 641.
” 1876 P. L. 13 sec. 14 am. 1895 P. L. 424.
ba 1923 P. L. 1054 sec. 11 am. 1925 P. L. 380.
170 COUNTY GOVERNMENT
class cotmties.37 The law provides increased salaries for recorders in fifth
and sixth-class counties who hold additional offices.
The recorder appoints a first deputy who assumes his place if the office
becomes vacant,38 and who is legally permitted to perform any of the duties
of his principal. The compensation of the deputy is fixed by the salary
board or by the recorder himself if there is no salary board.3g
Powers and Duties. In arbitration cases, whenever the prothonotary is
party to a suit, the recorder is permitted to act as prothonotary.40 He ad-
ministers the oath of office to aldermen and justices of the peace ;41 acts as
agent for the Commonwealth in the collection of those taxes and fees which
are payable to the State upon the recording of instruments and upon the
commissions of public officers. He makes returns of them to the Depart-
ment of Revenue and pays this money to the State Treasury through the
Department.42
This official is authorized to designate one or more of the clerks em
ployed in his office to administer oaths and affirmations pertaining to the
business of the office. An oath or affirmation so given is as effective as if
the recorder himself had administered it.43 In fourth-class counties the
recorder is permitted to appoint a solicitor who advises him on legal mat-
ters and, when required by the recorder, conducts all litigation pertaining
to the office. The county commissioners fix the salary of this solicitor.44
The remaining duties of the recorder are concerned with the keeping of
records. In connection with some of his record-keeping duties, he must
make various reports. He must send to the Auditor General a detailed
report whenever articles of association of a limited partnership or joint
stock company are received by him.45 Before he admits to record a deed
or conveyance of any land located in a first-class township, he collects an
additional fee. Thereupon, when he records the instrument, he transmits
*’ 1923 P. L. 944 No. 375 sec..1 am. 1931 P. L. 560.
e 1929 P. L. 1278 sec. 224 am. 1931 P. L. 401 sec. 1 further am. 1933 P. L. 952.
“‘1852 P. L. 100 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 235 am. 1931
P. I+ 401 sec. 1.
@ 1809 P. L. 125 sec. 4 and 1825 P. L. l?2 sec. 1 both sup. 1836 P. L. 715 sec. 35.
u 1877 P. L. 12 sec. 4.
uI 1929, P. L. 343 sec. 613.
” 1911 P. L..66! No. 269 (applies to cpunties with less than 1,300,OOO inhabitants) ;
1929 P. L. 1278 sec. 236.
u 1929 P. L. 1278 sec. 237 added 1931 .P. L. 401 sec. 8.
*1895 P. L. 230.
-
RECORDER 171
an abstract of it to the town clerk who records it in the township records
for use of the local assessors. In third-class counties the recorder does not
perform this extra work, for all assessment there is under the supervision
of the board for the assessment and revision of taxes.46 The recorder of
deeds must make a monthly return and pay into the State Treasury through
the Department of Revenue all money received for the use of the Com-
monwealth.47
Records. The chief duty of the recorder of deeds is to have copied in
permanent form certain papers which are of value to their owners. A copy
or recording of a document, properly sealed and signed by the recorder,
is recognized to be as legal as the original paper itself. Moreover, the re-
corder may make exemplifications, or copies of the recording, which must
be accepted in the same manner as if they were the originals. In various
cases the law requires that specified papers be recorded in his office, and in
many other instances, the law permits people, for their own protection, to
have certain documents recorded there.
ORIGINAL PAPERS
Unclaimed Instruments, may date from the establishment of the
county. Title varies : Recorded Papers ; Deeds ; Unpaid Recorded
Papers ; Commissions.
This file contains those instruments which were presented for recording
and which were never claimed by their owners or for which the fees for
recording have not been paid. They may include any or all of the types
of papers which may be recorded by this officer.48
Receipts for Papers. Title varies: Mortgage Receipts.
When a person leaves a paper to be recorded, he obtains a receipt which
is returned to the recorder when the paper is called for. The receipts show
the nature of the paper, date when it was left, name of its owner, and
volume and page where it is recorded.48
*1909 P. L, 275 sec. 2 am. 1915 P. L. 489 rep. 1933 P. L. 853 sec. 601 but reen.
in sec. 408.
rr 1893 P. L. 125 sec. 1; 1929 P. L. 343 sec. 901 am. 1931 P. L. 318 sec. 1; 1929
P. L. 343 sec. 1710.
ui These are kept merely as a matter of convenience.
“These papers are actually kept on file in very few counties. In some counties the
recorder does not require that the receipt be returned to him, and in others he does
not save the returned receipts. ., ‘.
172 - COUNTY GOVERNMENT
CONVEYANCES
Deed Book, dates from the establishment of the county. Title varies :
Deed.
In these volumes are recorded copies of all deeds and conveyances for
land situated within the county.” The information to be found in the
cranscript of any given deed includes date of instrument ; names of grantor
and grantee; location, description, and boundaries of property; price paid
for it ; fees ; copies of of&ial seals, signatures, and attestations ; 51 and date
of recording.52 On the margin of a recorded deed or other instrument
must be recorded any final judgment or decision of a Pennsylvania court
which affects that instrument. 58 Sheriff’s and coroner’s deeds may be re-
corded either here or in a separate Sheriff’s Deed Book.54 Other types of
conveyances which may be found here are counry commissioners’ deeds,65
treasurer’s deeds, deeds made in pursuance of a court decree,5E and deeds
recorded in the former Land Office. 57 Deeds must be entered in &the in-
dexes at the same time that they are recorded.6s
Grantor Index, dates from the establishment of the county. Title
varies: Index to Deeds, Direct.6Q
This is an index to the Deed Book and is arranged alphabetically by the
first letter of grantor’s surname. It shows date of instrument, names of
M 1907 P. L. 33 sup. 1921 P. L. 694s; 1927 P. L. 338.
611715, III St. at L. 53 supp. 1775, VIII St. at L. 412 sec. 1 supp. 1893 P. L. 108
sec. 1; 1775, VIII St. at L. 412 sec. 4 am. 1878 P. L. 155 sec. 1; 1929 P. L. 620.
““171.5, III St. at L. 53 supp. 1775, VIII St. at L. 412 sec. 2 supp. 1893 P. L. 108
set 2; 1775, VIII St. at L. 412 sec. 6; 1827 P. L. 9 sec. 1; 1863 P. L. 188 sec. 1;
1870 P. L. 13 sec. 1; 1883 P. L. 136 No. 123; 1895 P. L. 113 sec. 1; 1921 P. L. 649;
1925 P. L. 613 am. 1931 P. L. 558 No. 191. In the early days mortgages and many
other documents were usually copied into the Deed Book, rather than into a book
containing that particular type of instrument alone.
hy 1907 P. L. 284; 1921 P. L. 860.
M 1799, 3 Sm.L. 386 reen. 1806 P. L. 572 sec. 2; 1901 P. L. 431 sec. 45. The re-
corder must inform the prothonotary where the record of such deeds may be found,
1905 P. L. 265 sec. 5.
m 1849 P. L. 344 sec. 2.
“1846 P. L. 124 sec. 1.
” 1828 P. L. 37 sec. 1.
“1875 P. L. 32 sec. 2.
‘In a few counties there are two grantor indexes, one listing deeds granted by in-
dividuals and the other containing those granted by corporations.
RECORDER 173
grantor and grantee, location of property, and volume and page in the
Deed Book where it is recorded.60
Grantee Index, dates from the establishment of the county. Title
varies : Index to Deeds, Adsectum.61
In this index the deeds recorded in the Deed Book are aRranged alpha-
betically by the first letter of grantee’s surname. The informafion con-
tained in each entry is the same as in the Grantor Index.6Z
Sheriff’s and Tax Deed Index Book, dates from the establishment
of the county.
Sherift’s and treasurer’s deeds may be indexed either in the general grantor
and gramee indexes or in this separate record.63 A separate Sheriff’s and
Tax Deed Index Book is kept very infrequently.
Patent Book, 1818-.
’ This book contains recorded patents to land granted by the Commonwealth
and shows date patent was granted, location and description of property,
name of grantee, amount paid, and volume and page where it is recorded
in the records of the State Land Office.64
Recorder’s Daily Record, 1911-. Title varies: Entry Docket to
Deed Book; Entry Book; Deed Scratcher; Recorder’s File Book.
This is .a daily record of all instruments recorded in the Deed Book aa
showing date, type, and number of the instrument; names of grantor and
grantee ; location and description of property involved ; and name of per-
son claiming instrument. A copy of this record is filed monthly with the
county commissioners.66
m 1827 P. L. 154 sec. 5; 1875 P, L. 32 sec. 1.
Ii1 There may be two grantee indexes, one listing deeds granted to individuals, and
the other listing those granted to corporations.
” 1827 P. L. 154 sec. 5; 1875 P. L. 32 sec. 1,
“1919 P. L. 32 sec. 1.
” 1818 P. L. 9, 6 Sm.L. 309 sec. 2; 1846 P. L. 124 sec. 1; 1919 P. L. 49.
B5 In some counties the recorder files the record with the commissioners and does
not keep a copy in his office. In third-class counties this record is sent to the board
for the assessment and revision of taxes rather than to the commissioners. This
record is used to aid the assessors in this work.
““1911 P. L. 62 sets. 1, 2 (applied only to counties of less than 400,000 population)
rep. 1933 P. L. 853 sec. 601 but reen. for counties of third to eighth classes inclusive
in sec. 407 (a, b) ; 1929 P. L. 620 No. 258.
174 COUNTY GOVERNMENT
ENCUMBRANCES
Mortgage Book, dates from the establishment of the county.67
Title varies : Mortgage.
This book contains copies of all mortgages. 68 These include not only mort-
gages on real estate, ,but mortgages on leaseholds,0v chattel mortgages,70
such as mortgages on vessels,” and mortgages as collateral for a loan from
the Federal Government. 72 Each mortgage shows names and addresses of
parties, terms and provisions of mortgages, location and description of
property, acknowledgment, and date and time recorded.73 On the margin
of the recorded mortgage must be noted any satisfaction,74 assignment,75
or release.7B Postponement of lien of a mortgage, to be legal, must be
either entered somewhere on the mortgage, or made into a written agree-
ment. In either case, it must be attested and recorded just as was the mort-
gage itself. I7 When action is brought on a mortgage which is on record,
the prothonotary furnishes the recorder with a memorandum containing
names of. the parties, court term and case number, and date of the action.
These facts are then entered on the record of the mortgage.‘s
m In many counties mortgages were at first recorded in the Deed Book.
68 1715, III St. at L. 53 supp. 1775, VIII St. at L. 412 sec. 2 supp. 1893 P. L. 108
sec. 2; 1775, VIII St. at L. 412 sec. 6; 1827 P. L. 9 sec. 1; 1863 P. L. 188 sec. 1; 1870
P. L. 13 sec. 1; 1883 P. L. 136 No. 123; 1895 P. L. 113 sec. 1; 1921 P. L. 649; 1925
P. L. 613 am. 1931 P. L. 5.58 No..191.
ea 1855 P. L. 368 sec.‘,8; 1876 P. L. 160 sec. 1; 1889 P. L. 197 sec. 2.
“1887 P. L..73 sets. 2, 3 am. 1891 P. L. 102.
” 1929 P. L. 14 sets. 3-6.
‘*1933 P. L. 6 sets. 2, 3 am. 1935 P. L. 38; 1936 (Sp. Sess.) P. L. 47 sets. 1-3.
“All mortgages have priority according to the time when they were recorded.
Therefore the recorder of deeds must endorse the exact time upon all mortgages and
number them chronologically, 1820, 7 Sm.L. 303 am. 1915 P. L. 631 rep. 1927 P. L.
440 sec. 2 but reen. in sec. 1
“1816, 6 Sm.L. 309 sec. 5; 1823 P. L. 216 sec. 1; 1856 P. L. 304 sec. 1; 1915
P. L. 198.,
” 1849 P. L. 524 sec. 14; 1876 P. L. 18 sec. 1; 1903 P. L. 327. The recorder must send
to the county commissioners the name and complete address of every holder, owner,
or assignee of a mortgage, 1899 P. L. 41.
“1933 P. L. 810 sec. 128.
” 1927 P. L. 409 No. 267.
” 1860 P. L. 630 set 1. .1x1 a few counties these notices from the prothonotary are
kept on file by the recorder of deeds.
RECORDER 175
Mortgagor Index, dates from the establishment of the county. Title
varies : Mortgage Index-Grantor.70
This is an index to mortgages recorded in the Deed Book and the Mort-
gagk Book and shows names of mortgagor and mortgagee ; dates of mort-
gage and recording ; dates of satisfaction, assignment, and release ; location
of property; amount of mortgage ; and volume and page where it is re-
corded. These entries are arranged alphabetically by surname of the
mortgagor.80
Mortgagee Index, dates from the establishment of the county. Title
varies : Mortgage Index-Adsectum.81
This index contains information similar to that found in the Mortgagor
Index, but the arrangement is alphabetical by mortgagee’s surname.82
Chattel Mortgage Book, 1933--. Title varies: Chattel Mortgages.
Recorded copies of chattel mortgages issued under the Federal Farm Credit
Act form the contents of this book. The record shows date when mortgage
was entered into, names and addresses of mortgagor and mortgagee, loca-
tion and description of chattels, terms and conditions of mortgage, acknowl-
edgment, and dates when mortgage was .recorded and satisfied. This book
is indexed.83
Chattel Index, dates vary, but are usually recent.
In this volume chattel mortgages recorded in the Mortgage Book are sepa-
rately indexed.84
Assignment of Mortgages.
This book contains a record of assigned mortgages showing names of mort-
gagor and mortgagee ; description of property ; amount of mortgage ; date,
volume, and page of recording original mortgage ; consideration ; names of
witnesses ; date transferred ; copy of notarial seal ; and dates recorded and
compared.86‘
” In some counties this has been split up into two indexes, one of mortgages granted
by individuals, and the other of mortgages granted by corporations.
8o 1827 P. L. 154 sec. 5 ; 1875 P. L. 32 sec. 1.
‘I In some counties there is one index of individual mortgagees and another of cor-
porate mortgagees.
a’ 1827 P. L. 154 sec. 5; 1875 P. L. 32 sec. 1.
88 1933 P. L. 6 sec. 2 am. 1935 P. L. 38; 1936 (Sp. Sess.) P. L. 47 sec. 2.
WThis is not a required record, and is very seldom found.
=This is seldom kept as a separate record since merely noting assignments.on the
margin of the recorded mortgage is permissible.
176 COUNTY GOVERNMENT
Satisfaction of Mortgages. Title varies : Release of Mortgage.
Recorded copies of releases of mortgages showing names of parties, dates
of mortgage and release, location and description of property, amount,
witnesses’ names, acknowledgment, signatures of recorder and comparer,
and date and time recorded.86
Postponement of Lien. Ti,tle varies : Extensions.
Recorded copies of agreements of extensions of mortgages, showing date,
names and addresses of parties, acknowledgment, date recorded, and signa-
tures of recorder and comparer.R’
Daily Record of Mortgages, 1879-. Title varies: Mortgage
Scratcher ; Entry Book.
A daily record of all mortgages presented for recording,R5 showing mort-
gage numbers, date mortgage was presented, names of mortgagor and mort-
gagee, and location of property. A copy of this record is sent monthly
to the county commissioners sg to aid them in checking on the returns of
the personal property tax. O” A copy is also forwarded to the Department
of Revenue.01
COMMISSIONS, OATHS, AND BONDS
Commission Book, dates from the establishment of the county.02
In these books are recorded the commissions of all officers who must be
commissioned by the Governor before they may assume office.03 These
include the sheriff and coroner,04 prothonotary, clerk of courts, clerk of
orphans’ court, register of wills, and recorder of deeds,05 justices of the
peace and aldermen,gs and industrial policemen.Or
BBUsually these facts are merely entered on the margin of the recorded mortgage.
” 1927 P. L. 409 No. 267. If postponements are entered on the margin of the re-
corded mortgages, this record does not have to be kept.
Us This record is not found in every county, as it does not have to be preserved
by the recorder.
So To the board for the assessment and revision of taxes in third-class counties.
w1879 P. L. 112 sec. 7 supp. 1889 P. L. 420 sec. 7 am. 1905 P. L. 186 rep. 1913
P. L. 509 sec. 19 but reen. in sec. 7.
‘* 1935 P. L. 414 sec. 11(b) am. 1937 P. L. 633 further am. 1939 P. L. 76.
*’ In the early days these commissions were often recorded in the Deed Book.
OS 1929 P. L. 1278 sec. 55.
B1 Ibid., sec. 211.
w 1839 P. L. 559 sec. 3.
m 1839 P. L. 376 sec. 5 sup. 1877 P. L. 12 sec. 4.
w 1929 P. L. 546 sec. 6 rep. 1935 P. L. 348.
RECORDER 177
Index to Commission Book. Title varies: Commonwealth Index.
This index shows name of person commissioned, type of commission, date
of instrument, date recorded, and volume and page in Commission Book
where record of it may be found.os
Ceitificates of Appointment of the County Treasurer, 1811-1841.98
The recorder of deeds copied into a book the certificates from the county
commissioners indicating their selection as county treasurer.“’
Deputy Sheriff Appointments, 1929-.‘O’
The recorder places on record here the deed of appointment of the sheriff’s
chief deputy.‘O*
Oaths.loa
Among the oaths recorded here as those of the board of revision lo4 and
of railroad po1icemen.1o5
Officials’ Bonds.
This book contains bonds of justices of the peace and aldermen,106 sheriffs
and coroners,1o7 and county commissioners.‘os In addition there are bonds
given by county treasurer lo9 and register of wills *lo as security for the
paying over of State funds to the Commonwealth. The bonds of former
deputy surveyors II1 and brigade inspectors 112 were also filed here. The
M A separate index to the Commission Book is not always kept.
WThese are seldom found as a separate record.
‘W1811 P. L. 145 sec. 23 sup. 1834 P. L. 537 sec. 32 but rep. by 1841 P. L. 400
which made the treasurer an elective pffice.
‘“‘This record is not very often kept separately, but is usually found with Com-
missions, Oaths, or Bonds.
‘“1929 P. L. 1278 sec. 187.
‘“’ Oaths are often found with Commissions.
‘“‘1933 P. L. 853 sec. 501.
lw 1865 P. L. 225 sec. 3.
loo 1840 P. L. 294 sec. 4.
luT 1791, 3 Sm.L. 8 sec. 1; 1834 P. L. 537 sec. 68 rep. 1929 P. L. 1278 sec. 1051 but
reen. as am. in sec. 182; 1939 P. L. 359 sec. 3.
lw 1929 P. L. 1278 sec. 102.
loo 1821 P. L. 244 sec. 6 rep. 1828 P. L. 498 sec. 3 but reen. in sec. 1 sup. 1834
P. L. 537 sec. 34 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 145.
“1830 P. L. 272 sec. 9; 1832 P. L. 135 sec. 1 rep. 1917 P. L. 415 sec. 26 but reen.
in sec. 1 (b-2).
‘I1 1785, 2 Sm.L. 317 sec. 11 rep. by 1850 P. L. 434 sec. 5, which abolished this office.
“‘1821 P. L. 261 sec. 17 rep. 1822 P. L. 229, 7 Sm.L. 607.
178 COUNTY GOVERNMENT
information contained includes names of the official and bondsmen, date
and amount of bond, and bondsmen’s affidavits and signatures.
CORPORATION RECORDS
Charter Book, 1874-. Prior charters are usually recorded in Deed
Book.
This book contains recorded copies of Charters granted to religious, fra-
ternal, political, and commercial organizations. It shows court term and
case number, conditions of organization of the corporation, powers granted,
n mes of interested parties, date of approval, and copies of signatures and
o H cial seals. The record also shows the dates of recording by the Secre-
tary of the Commonwealth and the recorder. The types of charters here
recorded include articles of association’ of corporations,*1S certificates
I authorizing changes in a corporate name,l14 and acceptances of re-incor-
poration. II6 Articles of incorporation of credit unions were recorded here
prior to 1937 I16 and articles of incorporation and various other papers
concerning insurance companies are still recorded.l17 The papers relating
to nonprofit corporations consist of recordings of articles of incorporation,
of amendment and of merger or consolidation, as well as notices of changed
location of the registered offices of such corporations.118 A few other mis-
cellaneous records relate to specific types of corporations.11Q
Index to Charters, 187”.
In this volume the contents of the Charter Book have been indexed. In
some counties the charters found in the Deed Book are also indexed here.
m 1874 P. L. 73 sec. 3 am. 1927 P. L. 353 No. ‘218 further am. 1931 P. L. 10 No. 8
further am. 1937 P. L. Z&l rep. as to nonprofit corporations, 1933 P. L. 289 sec. 1102,
rep. as to business corporations, 1933 P. L. 364 sec. 1202 rep. as to associations, 1933
P. L. 457 No. 108 sec. 1302 rep. as to incorporated institutions, 1933 P. L. 624 sec. 1602 ;
1887 P. L. 8 No. 9 sec. 2 am. 1899 P. L. 116; 1887 P. L. 365; 1893 P. L. 89 sec. 2
rep. 1933 P. L. 624 sec. 1602; Attorney GeneraPs Opi+ziow, vol. 1913-14, pp. 116-120.
II’ 1903 P. L. 251 rep. as to insurance companies, 1929 P. L. 782 sec. 3, rep. as to
business corporations, 1933 P. L. 364 sec. 1202, rep. as to associations, 1933 P. L.
364 sec. 1202 rep. as to incorporated institutions, 1933 P. L. 604 sec. 1602.
‘lb 1909 P. L. 51.5 sec. 2.
“‘1933 P. L. 1076 sec. 2(E) am. 1937 P. L. 713.
11’ 1911 P. L. 559 sets. 6, 7; 1911 P. L. 567 sets. 6, 7; 1911 P. L. 581 sets. 6, 7; iI1
rep. 1921 P. L. 682 sec. 1101; 1921 P. L. 682 sets. 213, 331, 334; 1921 P. L. 682
sets. 322 am. 1929 P. L. 782; 1921 P. L. 682 sec. 337 am. 1931 P. L. 915 sec. 2.
“* 1933 P. L. 289 sets. 208, 708,808, 906; 1933 P. L. 289 sec. 316 am. 1935 P. L. 1130.
“’ 1881 P. L. 69 No. 76 sec. 1; 1889 P. L. 211 sec. 4 am. 1901 P. L. 514 sec. 3
further am. 1905 P. L. 368 sec. 2; 1913 P. L. 16 sec. 3.
RECORDER 179
CONTRACTS
Agreements. Title varies : Contract Book ; Miscellaneous. Prior
records are usually found in the Deed Book.lzO
Numerous types of agreements are here recorded. These include all agree-
ments relative to public land lzl and all written agreements relating to real
property by the terms of which any rights or privileges of a permanent
nature are granted or by which the grantee or vendee is released from any
damages to the property at any future time; lz2 also recorded are trusts
for real property.‘23 Other types of papers which may be found here are
recordings of letters of attorney,l** receipts for taxes on unseated land 12a
and for payments for redemption of such land,126 releases,12’ final decrees
in proceedings concerning title to real property,lz8 certificates of bank-
ruptcy,128 and assignments for the benefit of creditors.1So In addition there
are deeds of trust,131 petitions of married women to get their separate
earnings,la2 decrees in proceedings to discharge encumbrances due and
unclaimed for 21 years,ls3 all written instruments which a married woman
may execute without the joinder of her husband,13* and agreements of
separation of married couples.136
lzo In many counties this book contains all the miscellaneous papers which do not
belong in the Deed Book, the Mortgage Book, or the Commission Book.
“I 1811 P. L. 37 sec. 1.
‘“1931 P. L. 48 No. 40.
- 1901 P. L. 425 No. 233.
I” 1854 P. L. (1855) 7.24 sec. 1; 1885 P. L. 55; 1921 P. L. 1071 sec. 1 am. 1925
P. L. 102 rep. as to associations, 1933 P. L. 457 No. 108 sec. 1302, and to incorporated
institutions, 1933 P. L. 624 sec. 1602.
I*’ 1847 P. L. 279 sec. 1.
lzB 1850 P. L. 575 sec. 33.
I*’ 1828 P. L. 490 sec. 1; 1866 P. L. 1085 sec. 1.
lza 1871 P. L. 387.
128 1907 P. L. 159 sets. 1, 2.
Ia0 1855 P. L, 415 sec. 1 ; 1857 P. L. 298 sec. 2; 1818, 7 Sm.L. 131 sec. 51 rep. 1901
P. L. 404 sec. 42 but reen. in sets. 3, 10. The act of 1901 was superseded by the
Federal Bankruptcy Act passed in 1898, 30 U. S. Stat. 544 ch. 541. Therefore the
act of 1818 is still in effect. See: Hoover v. Ober, 43 Super. 308 (1909) : Lavery v.
Beatty, 28 Dist. 612 (1919).
‘“‘1854 P. L. 603 sec. 1.
Is2 1872 P. ,L. 35 sec. 2.
133 1895 P. L. 44 No. 30 sec. 1 rep. as to orphans’ court proceedings 1917 P. L. 447
sec. 63.
“‘1897 P. L. 83 No. 63.
‘“1897 P. L. 212.
180 COUUTY GOVERNMENT
Daily Record of Agreements, 1879-.‘36
The recorder must keep a separate daily record of every article of agree-
ment to secure the payment of money which is presented to him for record-
ing and sends this monthly to the county commissioners who use it to check
on tax returns.13? A copy of the record is sent monthly to the Depart-
ment of Revenue.138
Limited Partnerships, 1836-.
In this book are recorded all articles of establishment, amendment, or dis-
solution of a limited partnership. These papers show the date of agree-
ment ; name, nature, and location of business ; terms of agreement ; names
of principals and witnesses ; acknowledgment ; and date recorded.13g
MAPS AND PLANS
Warrantee Tract Maps, 1907-.
These maps are being made for each county under the direction of the
Secretary of Internal Affairs. They show the outlines of all original sur-
veys within the county, names of warrantees, dates of warrants and sur- ’
veys, names of all patentees, dates of patents, and other important details
taken from original drafts. The official boundary lines of the county and
its subordinate municipalities are accurately shown. On some of these
maps still other interesting information, historical and topographical, may
be f ound.140
Plan Book, dates from the origin of the county. Title varies: Map
Book.
All plans for the subdivisions of land within the county are here recorded.
The information contained on these plans is as follows: names of civil
divisions and property owners, location and description of all property,
boundaries of property and civil divisions, area of subdivisions, tract and
lot numbers, scale, certification of draftsman and owner, attestation of re-
corder, and date when plan was filed.‘*l
Department of Highways Right of Way Map.
These maps show the rights of way of one or more State highway routes
‘“‘This record is not always preserved, since retaining it is not obligatory.
*” 1879 P. L. 112 sec. 7 sup. 1899 P. L. 41; 1909 P. L. 289.
I38 1935 P. L. 414 sec. 11 (b) am. 1937 P. L. 633 further am. 1939 P. L. 76.
‘? 1836 P. L. 143 sets. 11, 24 rep. 1917 P. L. 55 sec. 31 but teen. in sets. 2, 5.
I(0 1907 P. L. 621 No. 483 am. 1911 P. L. 277 further am. 1921 P. L. 63.
I41 1893 P. L. 329 sec. 1; 1895 P. L. 124 sec. 1 am. 1899 P. L. 123; 1913 P. L. 565.
These may be found in the Deed Book.
0
RECORDER 181
through the county. The information contained includes the date, town-
ships, boroughs, names of owners of adjoining property, boundaries, names
of engineers and draftsmen, and approval of the Governor and Secretary
of the Department of Highways.14’
County Roads, 1895--.
Plans of the county road system are placed on record here.143
Flood Control Maps, 1936-.
These are the copies of the official plans prepared by the Water and Power
Resources Board of the Department of Forests and Waters for proposed
flood control work within the flood control district where the county is
situated. The plans show the nature of work to be done and what proper-
ties will be affected by it.144
County Zoning Papers, 1937-.
In counties where there is a county zoning commission a number of papers
relative to zoning must be recorded. These include all zoning ordinances,
regulations, and maps ;ld5 and lists of all nonconforming uses and occupa-
tions.1*6 The latter refers to land or buildings, which at the time of the
adoption of a zoning ordinance or regulation are already in use in a way
which is prohibited by the ordinance or regulation.
Index to Zoning Maps and Ordinances, 1937-.
This record is an index to the zoning maps and ordinances which are re-
corded in County Zoning Papers.‘47
MISCELLANEOUS
Decrees in Orphans’ Court.148
A number of decrees in orphans’ court must be placed on record by the
recorder of deeds. These include elections to take under or against a will,‘4u
“’ These records are not found in every county.
‘Q 1895 P. L. 895 sec. 1 am. 1905 P. L. 290 rep. 1929 P. L. 1.278 sec. 1051 but reen.
as am. in sec. 891. See also 1907 P. L. 240 sec. 10 rep. as to counties 1927 P. L. 1278
sec. 1051.
IH 1936 (Sp. Sess.) P. L. 106 No. 46 sec. 46 am. 1937 P. L. 43 further am. 1937
P. L. 2458.
‘“1929 P. L. 1278 sec. 510.16 added 1937 P. L. 2129.
*” 1929 P. L. 1278 sec. 510.15 added 1937 P. L. 2129.
‘~1929 P. L. 1278 sec. 510.16 added 1937 P. L. 2129.
‘-These papers are seldom recorded together in a single record, but usually are
found among the Agreements or Miscellaneous Papers.
‘*’ 1911 P. L. 79 rep. 1917 P. L. 403 sec. 27 but reen. in sec. 23(e) am. 1929 P. L
648.
182 COUNTY GOVERNMEN
1
elections to take real estate instead of a legacy or bequest,150 decrees of
the right of the surviving spouse to the real estate of an intestate who
leaves no other heirs,161 decrees of presumption of death,15’ and decrees
confirming an appraisement of real estate and setting aside the property
for the use of the widow and children.153 In addition, there may be re-
corded here proceedings’ in orphans’ court for the division of a piece of
property among the devisees.15”
Dental Register, 1883-97. Discontinued as a county record; sub-
sequent records kept by the State Dental Council and Examining
Board,
This book contains recorded copies of dentists’ diplomas. The information
on each includes the dentists’ name and address ; date of graduation, names
of institution and members of the faculty, places and dates of practice
in the State, and date recorded. Dentists who possessed no diploma pre-
sented affidavits containing similar information. These, too, were recorded
in this book.lc5
Soldiers’ Discharge Book, 1S68-.‘“6
In this book are found recorded copies of military discharges of soldiers.
saiiors, and marines; showing the soldier’s name; places of birth and en-
listment ; ‘physical description ; military record ; “occupation ; names of com-
manding officers ; date of discharge or death ; and date recorded.‘57
Notaries’ Registers, 1791-.‘ss
At the close of his term of. office every notary is supposed to deposit his
register and any other public papers with the recorder of deeds who pre-
pares certified copies of any part of them for interested persons.15s
Municipal Recorcls.lBo
A number of records pertaining to the minor political divisions of the
county are kept in the recorder’s office. He records applications and court
m 1917 P. L. 447 sec. 32(a).
‘“‘1917 P. L. 429 sec. 17(b).
l” 1917 P. L. 447 sec. 6(f).
“’ Ibid., sec. 12 (k) .
“‘1923 P. L. 846 sec. 6.
“‘1883 P. L. 129 sees. 1, 3 rep. 1897 P. L. 206 sec. 16.
1’8Earlier records are found in some of the counties.
161 1868 P. L. 73 sec. 1 am. 1913 P. L. 81 further am. 1919 P. L. 364.
1m These registers are very seldom found in the recorder’s office.
““1791, 3 Sm.L. 6 sec. 6; 1846 P. L. 334 sec. 2.
‘@These papers are seldom recorded in a book devoted to them alone, but arr
usually found in Agreements and Miscellaneous Records.
RECORDER 183
decrees for the eskibiidlment of boroughs,‘B1 for the annulment of borough
charters,l”* and for the changing of borough boundary lines.le3 Also in his
office are copies of petitions received between 191.5 and 1927 for the with-
drawal of a former borough from a city. lo4 He may record contracts be-
tween the county and a city for the erection of bridges and viaducts.1ss Also
on file are copies of municipal ordinances vacating streets and alleys,lB”
of plans for the construction of various public works in second-class town-
ships,187 and of court decrees providing for the transfer of land to or
from the county.lss
Miscellaneous Obsolete Records, 1777-.lsO
The record contains the names of foreigners who took oaths of allegiance,1io
and recorded copies of certificates entitling disabled veterans to obtain
pensions.111
ACCOUNTS
Fee Book, lSlO-. Title varies: Daily Docket.
In this book is a record of all fees received by the recorder or by anyone
employed in his office. It shows date, payee’s name, service rendered, fee
charged, and State tax.17*
lo1 1895 P. L. 389 No. 276 sec. 1 rep. 1915 P. L. 312 ch. XIII art. I sec. 1 (a) but
reen. in sec. 4 rep. 1927 P. L. 519 sec. 3301 but reen. in sec. 204; 1903 P. L. 163
No. 120.
IQ 1913 P. L. 910 rep. 1927 P. L. 519 sec. 3301; I915 P. L. 31.2 ch. II art. V sec. 3
rep. 1927 P. L. 519 sec. 3301 but reen. as am. in sec. 302.
188 1907 P. L. 264 sec. 3 rep. 1915 P. L. 312 ch. XIII art. I sec. l(c) but reen.
in ch. III art. I rep. 1927 P. L. 519 sec. 3301 but reen. in sets. 406, 432.
‘“1915 P. L. 312 ch. II art. III sees. 1, 2 rep. 1927 P. L. 519 sec. 3301.
1m 1903 P. L. 71 sec. 10 rep. as to third-class cities, 1931 P. L. 93’2 sec. 4701 but
reen. in sec. 3109, rep. as to counties 1929 P. L. 1278 sec. 10.51 but reen. in sec. 856.
1BB1907 P. L. 223 No. 171.
Is7 1933 P. L. 103 sec. 1141; 1935 P. L. 1308.
188 1915 P. L. 274 No. 170 sec. 6 sup. 1923 P. L. 1030 rep. 1929 P. L. 1278 sec. 1051
but reen. in sec. 46.
lBD These records are very rarely found today.
‘“1777, IX St. at L. 110 sec. 2; 1789, XIII St. at L. 222 sec. 5.
lvl 1777, IX St. at L. 140 sec. 1 rep. 1790, 5 Sm.L. 517.
ll? 1868 P. L. 3 sec. 8 par. 7 am. 1901 P. L. 175. By the act of 1810 P. L. 79 sec. 1
these accounts had to be forwarded to the Auditor General. This act was sup. for
counties of more than 150,000 population by 1876 P. L. 13 sec. 2 and for counties of
less than 15d,OOO population by 1874 P. L. 125 sec. 1 am. 1909 P. L. 77 further am.
1921 P. L. 69 further am. 1937 P. L. 2786.
VI
PROTHONOTARY
Evolution alzd Structural Organization. The term prothonotary appears
apparently for the first time in Pennsylvania, in Governor Evans’ Ordi-
nance of 1707, when the court of common pleas was first established as a
separate court, having in civil matters practically the same jurisdiction as
its precursor, the county court. At that time the term prothonotary was used
interchangeably with that of the clerk of courts.’ With the development
of the judicial system and the growth of distinctions in jurisdiction, the
clerk of the court of common pleas became known as the prothonotary as
distinguished from the clerk of the court of quarter sessions and oyer and
terminer, though both offices, at first, were generally filled by the same
man.”
Under the ordinance of Governor Evans all writs and processes of the
court of common pleas were to issue out of the office of the prothonotary
under the county seal and all returns were to be made to his office. But no
specific provision was made at this time for the manner of appointment of
the prothonotary. The Charter of Privileges of 1701 provided that the
justices of each county were to nominate three persons from whom the
Governor was to select one as “clerk of the peace.” 3 This person also
served as prothonotary or clerk of the court of common pleas. With the
adoption of the Constitution of 1790 the appointment of the prothonotary
was vested in the Governor. This was under the provision that the Gov-
ernor should appoint all officers whose offices were established by law and
whose appointments were not otherwise mentioned therein.4
The prothonotary became an elective officer for a term of 3 years under
’ Eastman, op. cit., I, 187; Ordinance for Establishing of Courts, 1707, in Charter
to Willram Penn, p. 321.
’ F. hf. Whitney v. James Hopkim, 135 Pa. 246 (1890).
’ Charter of Privileges, 1701, art. III, in Francis N. Thorpe, camp., The Federal alld
State Comtifutions, Colonial Charters, afzd Other Organic Lazvs of the States, Terri-
tories, atzd ColoGes, Now or Heretofore Form&g the United States of America, V,
3076-3081, hereinafter cited as Federal and State Constitutions. An act of 1710-11,
II St. at L. 301 sec. 26 provided for the filling of vacancies in the offices of prothonotary
and clerk of the quarter sessions by appointment by the Governor or magistrates
“to whom of right it shall belong.”
’ Const. of 1790, art. II, sec. 8.
184
I PROTHONOTARY 185
! the Constitution of 183F!L5 This method of selection was reaffirmed under
i the Constitution of 1874 and the prothonotary’s tenure continued to be
!
!
3 years until 1909.F The Constitution of 1835 recognized the fact that there
was some confusion resulting from the fact that the offic& of prothonotary,
the clerk of the court of quarter sessions and oyer and terminer, the re-
corder of deeds, the register of wills, and the clerk of orphans’ court were
sometimes held by one man and sometimes held by several, each county
following a system of its own. The constitution provided for legislation
designating “the number of persons “in each county who shall hold said
offices, and how many and which of said ofices shall be held by one per-
son.” 7 The legislature acted quickly on this recommendation and passed
an act 1 year later which served this purpose by enumerating each county
1 and setting up a plan for the holding of these offices in each onee8 Other
laws were passed from time to time throughout the rest of the nineteenth
century affecting this situation. Upon the revision of the county laws in
1929 this phase of county government was again touched upon and coun-
ties with a population of 40,000 or more were designated separate judicial
districts. Counties coming within this group may accept the provisions of
this section of the law, which makes it mandatory for the office of pro-
thonotary to be filled by only one man.O Another section lo of the same act
provides that the office of prothonotary in counties of the second, third,
and fourth classes shall be filled by one man, that in counties of the fifth,
sixth, and seventh classes the offices of prothonotary and clerk of the
court of quarter sessions and oyer and terminer shall be filled by one man
unless local laws provide otherwise, and that one man shall fill all five
clerical offices in counties of the eighth class unless there are local pro-
visions to the contrary.
The prothonotary must be an American citizen and a resident of the
county for at least a year before assuming office,ll He must not practice
as an attorney in the court of common pleas, nor may he, at the time of
a Const. of 1838, art. VI, sec. 3.
’ Const., art. XIV, sec. 2 as am. 1909.
’ Const. of 1838, art. VI, sec. 3.
a 1839 P. L. 559 sec. 1.
’ 1901 P. L. 5.59 No. 265 am. 1923 P. L. 155 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but
reen. in sec. 222.
I” 1839 P. L. 559 sec. 1; 1893 P. L. 462 No. 331 sec. 1; 1901 P. L. 271 No. 178 sec.
1; 1911 P. L. 538 No. 196 sec. 1; 1921 P. L. 553 sec. 1; 1927 P. L. 373 rep. 1929
P. L. 1278 sec. 1051; 1929 P. L. 1278 sec. 221.
” Const., art. XIV, sec. 3.
186 COUNTY GOVERNMENT
holding office, also be a justice of the peace.” He cannot serve as trcas-
urer while in office,13 and his ineligibility to the office of controller con-
tinues for 2 years after his term as prothonotary has expired.14
If the elected prothonotary dies before assuming office the Governor may
appoint a successor who holds office until the first general election occurring
no sooner than 3 months after the death of the elected prothonotary. If a
vacancy occurs in any other ‘manner a successor is elected at the first
general elect,ion occurring no sooner than 3 months after such vacancy.‘”
Meanwhile, the deputy prothonotary serves as prothonotary.
The prothonotary may appoint a first lG and second I7 deputy who acts in
case of the death or resignation of his principal. In counties of the second
and third classes the first deputy may be designated from the force of
clerks in the prothonotary’s office and in third-class counties he must be
learned in the law.ls The prothonotary must also detail as many clerks or
deputies as are necessary to enable the judges to properly dispose of the
business of the court.le
Powers ana! D,uties. The Supreme Court of Pennsylvania has ruled that
the prothonotary of the court of common pleas is merely the clerk of that
court. As such it is his duty to keep records pertaining to all civil cases and
establish dockets and books for the maintenance of such records.2o The
prothonotary must give bond and deliver his records to his successor. The
amount of the bond in all counties from the third to the eighth class is
fixed by the Governor. 21 The court of common pleas may inquire into
the manner of performance of his oflicial duties and into the solvency of
his sureties.22
B 1834 P. L. 333 75; 1874 P. L. 186 No. 120 4; 1929 P. L. 1278 223. sec. sec. sec.
” 1929 P. L. 1278 142. sec.
” 1895 P. L. 403 2; 1929 P. L. 1278 132. sec. sec.
I’ 1839 P. L. 559 4; 1897 P. L. 4 1. sec. sec.
‘“1874 P. L. 43 No. 2 sec. 2 1929 P. L. 1278 sec. 1051 but reen. in sec. 224. rep.
” 1897 P. L. 100 No. 83 1 1917 P. L. 304 1 1929 P. L. 1278 sec. am. sec. rep. sec.
1051 but reen. in sec. 228.
Is 1929 P. L. 1278 224. sec.
‘“1875 P. L. 25 sec. 2.
‘OF. M. Whitney v. James Hopkins, 135 Pa. 246 (1890).
‘I 1834 P. L. 333 76; 1915 P. L. 198 No. 109 1929 P. L. 1278 1051 sec. rep. sec.
but reen. in sec. 225. Under the act of 1929 the amount of bonds in counties of the
second class is definitely fixed.
22 1846 P. L. 432 1. sec.
PROTHONOTARY 187
The duties of the prothonotary were first prescribed by act of Assembly
in 1710.2s A statute of 1715 24 directed him to draw up trial lists, and pro-
vided that all records and dockets, minutes, and processes of the Provincial
Courts, with the files relating thereto, were to be lodged with him. His
duties were further defined by another statute of 1715 by which he was
directed to enter in certain books the names of the plaintiffs and defendants
in every writ issued, with the date, the debt or damages sued for, and the
name of the justice signing each writ.*”
Comprehensive legislation summarizing the powers of the prothonotary
was passed in 1834. 26 He was given the following powers: (a) to sign
and affix the seal of the court of common pleas to all writs and processes,
and to the exemplification of all records; (b) to take bail in civil actions
pending in this court; (c) to enter judgments at the instance of plaintiffs,
upon the confession of defendants ; (d) to sign all judgments ; (e) to take r
acknowledgments of satisfactions of judgments or decrees entered on the
record of the court ; (f) to administer oaths and affirmations in conduct-
ing the business of his office. 27 He also was given custody of the seal and
records of the court.28
The most important record kept by the prothonotary is the judgment
docket or index, which was introduced by legislation in 1827.28 The pro-
thonotary is required to copy into this docket every judgment or award of
the court. The courts may authorize the prothonotary by rule or standing
order to enter judgment upon praecipes for want of an appearance, for
want of a declaration or plea, or for want of an affidavit of defense.30
Judgments where damages are certain or may be rendered so by calcula-
tion may be referred to the prothonotary to fix the amount.31 Upon appli-
cation, he may enter judgment on any bond, note, or other instrument con-
taining a confession of judgment in favor of the holder.32 But before the
“1710, II St, at L. 301 sec. 12.
*’ 1715, III St. at L. 73.
2d 1715, III St. at L. 125.
“1834 P. L. 333 sec. 77.
n 1859 P. L. 194 sec. 1; 1929 P. L. 1278 sec. 226. In counties of the second and
third classes any clerk designated by the prothonotary in his office to do so may
administer oaths and affirmations, 1929 P. L. 1278 sec. 229.
= 1834 P. L. 333 sec. 23.
=1827 P. L. 154 sec. 3.
O”1889 P. L. 41 sec. 1; 1915 P. L. 483 sec. 17; 1929 P. L. 627 sec. 5.
111 Rules of court in each county make provisions for this.
m 1806 P. L. 334, 4 Sm.L. 270 sec. 28.
188 COUNTY GOVERNvENT
prothonotary enters judgment other than upon a verdict of the court, he
must obtain a certificate signed by the plaintiff. Upon entry of such judg-
ment he must file the certificate under the same number and term of court
as shown on the docket. Within 1 month he must deliver to the county
tax assessing authorities a written report of its entry setting forth the date, ’
amount, number and term of court, and names and addresses of all parties.33
Within 20 days after entering a judgment in favor of the Commonwealth,
the prothonotary must report the entry to the State Treasurer.a4
Ljens of all judgments, recognizances, and executions levied on real
estate or of writs of scire facias to revive or have execution of judgments,
must be indexed in the judgment docket in the county where the land is
situatedsa5 All writs of scire ‘facias to revive or execute a judgment must
also be indexed in the adsectum judgment docket.3e Judgments compelling ,
the assignment of mortgages must be certified to the recorder of deeds.a7
Although the prothonotary is the clerk of the county court of common
pleas, he is required to enter upon his dockets judgments of the District and
Circuit courts of the United States 38 and’matters pertaining to the admin-
istration of decedents’ estates.aD
There has been much legislation on the duties of the prothonotary per-
taining to the satisfaction of judgments. An act of 1891 4o provides that
where any judgment has been paid and fully satisfied, it is the duty of the
prothonotary to enter the date of satisfaction in all books, dockets, and
indexes where such judgment might be entered. To the same effect is the
act of 1864,41 which provides that where there has been satisfaction of a
judgment by virtue of an execution, it is the duty of the court to direct
the prothonotary to enter satisfaction upon the record. Formerly, before
such an order of the court could be issued, three preliminary steps were
necessary. First, there had to be an application by the defendant; second,
a rule to show cause why the judgment should not be marked “Satisfied”
” 1929 P. L. 1804 sec. 1 am. 1937 P. L. 2325 No. 445 sec. 1.
“‘1811 P. L. 145, 5 Sm.L. 228 sec. 30.
35 1856 P. L. 532 sec. 3.
““1879 P. L. 134 sec. 2.
” 1903 P. L. 327 sec. 1.
‘* PAL5 P. L. 247 sec. 1; 1929 P. L. 1805 sec. 1.
38 1917 P. L. 363 sec. 18(b-5, e-l) ; 1917 P. L. 447 sets. lS(a, b, d), 18(c), Sl(a, b) :
1519 P. L. 104 sec. 1.
“1791, 3 Sm.L. 32 sec. 14; 1891 P. L. 244 sec. 1.
“1864 P. L. 52 sec. 1.
PROTHONOTARY 189
had to be granted, and third, the prothonotary had to be directed to mark
the entry “Satisfied.” 42
In cases where judgment has been entered and obtained and proceedings
to open or amlul the same are pending and are not disposed of, the de-
fendant may pay into court the amount of the judgment. It is then the duty
of the prothonotary to mark on the Judgment Docket, “Lien Discharged.” 4X
The prothonotary must furnish the recorder of deeds with a memoran-
dum of suit brought upon any mortgage or recognizance of record.44 When-
ever such mortgage or recognizance has been marked, “Satisfied,” the
prothonotary upon request of the defendant must furnish a certificate of
the entry of satisfaction.45
As clerk of the court of common pleas the prothonotary has been pro-
vided with records relating to actions of ejectment.4” Without motion to
the court the prothonotary has the power to issue writs of estrepment to
prevent waste in any case where an action of ejectment is pending.*? In
actions to establish mechanics’ liens the prothonotary also has duties relat-
ing to the keeping of records and whenever security is required in such
cases it may be approved by the prothonotary subject to an appeal to the
court of common pleas.4”
In the preparation of trial lists for civil cases in the court of common
pleas. it is the prothonotary’s duty to place all claims for wages of labor
first on the list.4Q
One of the duties of the prothonotary is to choose arbitrators in com-
pulsory arbitration proceedings. He may, however, delegate this duty to
another person as the court considers this a ministerial rather than a
judicial function.” The prothonotary must enter award of the arbitrators
in a docket.51 When no appeal from an arbitrator’s award has been entered
within the prescribed time limit, it is the prothonotary’s duty, at the request
a 1876 P. L. 7 sec. 1.
‘“1873 P. L. 331 sec. 4; 1909 P. L. 103 sec. 1.
“1860 P. L. 630 sec. 1.
“Ibid., sec. 2.
“1806 P. L. 5.58, 4 Sm.L. 326 sec. 12; 1856 P. L. 532 sec. 2.
” 1803 F. L. 623, 4 Sm.L. 88 sec. 2.
48 1901 P. L. 431 sec. 50.
Is 1877.P. L. 13 set 1. The duty of the prothonotary to draw up trial lists is usually
imposed upon him by rule of court.
“‘Reading Twst Cornpatty v. Mattes (afipellant), 250 Pa. 414 (1915).
“‘1836 P. L. 715 sets. 20, 23.
J
190 1 COUNTY GOVERNMENT
of the party in whose favor the award was made, to issue execution to
carry the judgment into effect.62 Upon application of either party the
prothonotary must enter a rule to take the depositions of aged or infirm i
witnesses or of those leaving the jurisdiction of the court before the date
of trial.68 \
In all civil cases the parties may, by written agreement, submit the case
to the decision of any person admitted to practice law before the Supreme
Court of Pennsylvania. The prothonotary notifies the person selected as
ref eree.64
Upon the application of any persons wishing to become parties to an
amicable suit the prothonotary must enter the application without the
agency of an attorney, and upon the filing by the defendant of a written
confession of the amount due to the plaintiff, he must enter judgment.5z ,
Parties to an amicable action may present a written agreement to the pro-
thonotary, who files and enters it on his docket. From the moment such , I
entry is made, the action is deemed to be pending in the same manner as
if the defendant had appeared in answer to a summons issued against him
by the prothonotary.5s
In workmen’s compensation cases erroneously brought in the court of
common pleas instead of before the Workmen’s Compensation Board, the
prothonotary, upon request of either of the parties, certifies the case in-
cluding all the proceedings held before the court, to the Board.67 All work-
men’s compensation papers are filed with the prothonotary, who is required
to enter judgment pursuant to compensation agreements or awards and
modifies or satisfies them according to subsequent agreements and awards.5”
Upon filing of the notice of an appeal from the Workmen’s Compensa-
tion Board to the court of common pleas, the prothonotary issues a writ
of certiorari to the Board, commanding it to certify to the court its entire
record in the matter within 10 days after service. The writ, together with a
copy of the exceptions, is mailed by the prothonotary to the Bureau of
Workmen’s Compensation at Harrisburg.6” As soon as judgment is ren-
a Ibid., sec. 34.
m Ibid., sec. 47.
=1s74 P. L. 166 sets 1, 2.
w 1806 P. L. 558, 4 Sm.L. 326 sec. 8.
M 1836 P. L. 568 sec. 40.
m 1919 P. L. 764 sec. 1; 1921 P. L. 910 sec. 1.
m 1915 P. L. 736 sec. 428; 1919 P. L. 642 sec. 6.
” 1915 P. L. 736 sec. 427; 1919 P. L. 642 sec. 6.
PROTHONOTARY 191
dered on the appeal, the prothonotary sends to the Board a certificate of
the judgment with a copy of any opinion filed in the case, and within
5 days, he must give notice of the judgment by registered mail to all
parties.e0 The prothonotary must make a monthly report to the Board of
the disposition of all appeals taken to the court of common pleas.6’
At the expiration of the period allowed for an appeal from the judgment
of the common pleas court, the record of the board is remitted to it by the
prothonotary unless an appeal has been taken, in which case the record is
remitted to the board by the prothonotary on its return from the appellate
court.62 I
In 1933 the prothonotary’s duties in respect to associations were taken
away and reenacted only in reference to nonprofit corporations.gs The
duties relating to all other associations were taken over by the Secretary
of the Commonwealth. The prothonotary must make a monthly return to
the Department of State of the incorporation of each nonprofit corporation
and issue a certified copy thereof to the incorporators.e4
The prothonotary must make a monthly report to the Department of
State which includes the aid and new name and address of the registered
office of every nonprofit corporation which changed its name during the
preceding month.“5 This report includes the names and registered offices
of the constituent corporations involved in merger, consolidation,sa or dis-
solution e7 proceedings consummated during the preceding month.
When the committee appointed to care for the estate of a lunatic or
habitual drunkard sells or mortgages real estate and is incapable of execut-
ing a deed or mortgage, the court may direct the prothonotary to do so
upon petition of the purchaser or mortgagee.ss Like proceedings may be
“Ibid.; 1931 P. L. 958 sec. 1.
al 1915 P. L. 736 432; 1915 sec. P. L. 736 433 1939 P. L. 565; 1919 P. L. sec. supp.
64.2 sec. 6 as reen. and am. 1937 P. L. 1552 sec. 1 further reen. and am. 1939 P. L.
520 sec. 1.
‘* 1915 P. L. 736 427; 1919 sec. P. L. 642 6. sec.
=1856 P. L. 293 am. 1925 P. L. 403 sec. 1 rep. insofar as it relates to nonprofit
corporations, 1933 P. L. 289 Sec. 110.2, to business corporations, 1933 P. L. 364 sec.
1202, to associations, 1933 P. L. 547 No. 108 sec. 1302, and to incorporated institu-
tions, 1933 P. L. 624 sec. 1602.
“1933 P. L. 289 sec. 208.
m Ibid., sec. 709.
“Ibid., sec. 810.
“Ibid., sec. 1001.
aa 1836 P. L. 589 32. sec.
192 COUNTY GOVERNMENT
had if any committee neglects or refuses to execute any deed of sale or
mortgage. Rg Also when a lunatic is imprisoned in a civil action, it is the
duty of the prothonotary to make this fact known to the court, which hears
objections to ,the discharge of such prisoner. The prothonotary inserts a
notice in a newspaper, and also notifies creditors of the hearing.?O
The prothonotary’s duties are extended to cases involving insolvency and
assignments for the benefit of creditors in which matters he must give
public notice of the filing of schedules of distribution.?l
In all suits commenced by attachment against fraudulent debtors a bond
in favor of the Commonwealth must be approved by the prothonotary be-
fore the attachment will be issued.‘* Upon return of the writ in proceed-
ings in domestic attachment against fraudulent debtors, three men, ,not
creditors, are appointed trustees of the estate of the defendant.13 Before
making distribution of the proceeds of the estate, the trustees having ascer-
tained the proportionate sum payable to each creditor, the prothonotary
gives public notice of the filing of their report by advertisement.‘*
The prothonotary may assess damages in foreign attachment proceed-
ings where the plaintiff has entered a rule for the same.?” Formerly it was
necessary to publish such rule with a statement of claim.T6
There are certain matters relating to the collection of taxes which come
within the scope of the prothonotary’s duties. In the determination of
these duties, which relate to the keeping of records, careful distinction must
be made between tax liens and municipal claims for special assessments.‘7
For many years before the passage of the Election Code of 1937 the
prothonotary had duties connected with elections. Duplicate returns of all
“Ibid., sec. 33.
“Ibid., sec. 50.
‘I 1836 P. L. 628 sets. 6, 15, 26, 30; 1883 P. L. 73 sec. 1 rep. 1901 P. L. 404 sec.
42, suspended by the Federal Bankruptcy Act 1898, 30 U. S. Stat. 544, ch. 541; see:
Lavery v. Beatty, 28 Dist. 612 (1919) ; also Hoover Y. Ober, 42 Super. 308 (1909).
In the days when arrest for debt was permissible the prothonotary had the power to
discharge insolvent debtors. See 1820 P. L. 155; 1833 P. L. 107 sec. 1.
” 1869 P. L. 8 sec. 1; 1887 P. L. 197 sec. 1; 1878 P. L. 147 No. 185 sec. 1.
ra 1836 P. L. 606 sec. 13.
“Ibid., sea. 31, 32.
” 1870 P. L. 60 sec. 1.
” 1855 P. L. 532 rep. 1870 P. L. 60 sec. 1.
” 1893 P. L. 453 sec. 3 rep. as to third-class cities 1931 P. L. 932 sec. 4701; 1899
P. L. 120 sec. 1; 1923 P. L. 207 sets. 9, 26; 1927 P. L. 729 sec. 2; 1927 P. L. 733
sec. 3; 1929 P. L. 1215 sets. 1, 3; 1937 P. L. 2609 sec. 9; 1939 P. L. 351 sets. 1, 2;
1939 P. L. 641 sec. 3.
PROTHONOTARY 193
votes given for judges of the Supreme Court had to be made by the pro-
thonotary, one of which he mailed to the Secretary of the Commonwealth.‘”
From 1921 to 1937 this was done either by the prothonotary or the county
commissioners.i9 Judg es of elections delivered returns of elections to the
prothonotary,RO who sent a certified copy to the return judges.81 He also
sent a copy to the Secretary of the Commonwealth and sent the returns of
the elections of all county and township officers to the court of quarter
sessions.“Z
Return judges had to deposit returns with the prothonotary, who sent a
certified copy to the Secretary of the Commonwealth and another copy to
the elected officials.83 He also gave to anyone requesting it a certified list
of voters and other papers deposited in his office by the judges of
elections.84
In 1937 these duties were taken over by the county board of elections
except insofar as the court of common pleas has jurisdiction over contested
electionss5
With the exception of a short period of time in early Pennsylvania his-
tory equity jurisdiction has been confined to the court of common pleas
and the prothonotary must, therefore, perform many general duties per-
taining to matters in equity.“8
Prior to 1906 the courts of common pleas and quarter sessions and oyer
and terminer had jurisdiction over the naturalization of aliens by virtue of
the first uniform naturalization law passed by Congress in 1790.87 The
comprehensive naturalization law of 1906 which provided for uniform
processes and records over the Nation gave exclusive jurisdiction over the
naturalization of aliens to the following courts: United States, District
courts in the states and territories, the Supreme Court, and also all courts
of record in any state or territory having a seal, a clerk, and jurisdiction in
‘li 1874 P. L. 54 sec. 5 rep. 1937 P. L. 1333 sec. 1901.
73 1921 P. L. 423 sec. 3 rep. 1937 P. L. 1333 sec. 1901.
” 1874 P. L. 31 sec. 13; 1899 P. L. 127 sec. 1; 1909 P. L. 425 sec. 1; 1923 P. L. 267
sec. 1; 1925 P. L. 103 sec. 1 rep. 1937 P. L. 1333 sec. 1901.
“‘1864 P. L. 990 sets. 17, 18 rep. 1937 P. L. 1333 sec. 1901.
81 1839 P. L. 519 sec. 84 rep. 1937 P. L. 1333 sec. 1901.
a 1839 P. L. 559 sec. 3; 1850 P. L. 654 sec. 2; 1919 P. L. 458 sec. 2 rep. 1937 P. L.
1333 sec. 1901.
“‘1839 P. L. 519 sec. 85 rep. 1937 P. L. 1333 sec. 1901.
86 1937 P. L. 1333.
So See supra, pp. (Judiciary in Governmental Organization).
” 1790, 1 U. S. Stat. 103 ch. 3.
194 COUNTY GOVERNMENT
actions at law and equity in which the amount in controversy is unlimited.RR
The court of common pleas has continued to exercise this jurisdiction to
some degree in most counties and some of the prothonotary’s duties are
enlarged to this extent.
The prothonotary has definite duties related to the selection and sum-
moning of jurors. All jury fees must be paid to the prothonotary who in
turn, places the money in the hands of the county treasurer.88 Names of
attending, defaulting, and excused jurors must be certified by the pro-
thonotary.QO If a special view is allowed in any case, the prothonotary must
issue a special writ of venire containing the names of the jurors.01
Insofar as courts of magistrates and justices of the peace are concerned,
the prothonotary takes the place of the clerical officer of that court. Accept-
ances of office of aldermen or justices of the peace are certified by the pro-
thonotary to the Secretary of the Commonwealth.s2
The prothonotary is entitled to administer an oath or affirmation re-
quired in the issuing of writs of certiorari to remove any case tried before
justices of the peace. 83 Transcripts of judgments obtained before justices
of the peace may be certified by the prothonotary to other counties.04
The prothonotary has also some duties in respect to appeals from the
court of common pleas to the upper courts. In response to a writ of
certiorari from an upper court, it is the duty of the prothonotary to pre-
pare and forward to the appellate court the record in the case duly certified
by the judge of the lower court.05
Under the act of 1897 the prothonotary fixed the amount of the bond
to be given on appeal. In 1909 this practice was changed and the amount
of bond was fixed at double the amount of the judgment. or decree with
88 1906, U. S. Stat. 596 ch. 3592 sec. 3; 1911, 36 U. S. Stat. 1167 ch. 231 sec. 289;
1913, 37 U. S. Stat. 737 ch. 141 sec. 3.
” 1805 P. L. 183, 4 Sm.L. 237 sec. 13; 1913 P. I,. 226 sec. 1. The act of 1915 P. L.
54 sec. 5 rep. the act of 1805 P. L. 183 but does not repeal the amending act of 1Yl3
P. L. 226. The act of 1805 expired by its own limitation but was afterwards revived
and made perpetual by the act of 1809 P. L. 163, 5 Sm.L. 59.
w 1834 P. L. 333 sec. 128.
9X Ibid., sec. 124.
O1 1877 P. L. 12 sec. 4; 1915 P. L. 142 sec. 1.
sd 1817 P. L. 31, 6 Sm.L. 398 sec. 1. Since 1895 the same result may be achieved
by filing a praecipe, recognizance, and affidavit taken before the justice of the peace,
in the prothonotary’s office, 1895 P. L. 100 sec. 1.
M 181G P. L. 208, 5 Sm.L. 161 sec. 17.
” 1897 P. L. 67 sets. 2, 5.
1
PROTHONOTARY 195
security to be approved by the lower court.“” After acknowledgment and
pending delivery sheriff’s or coroner’s deeds remain in the custody of the
prothonotary as a public record D7 and at the proper time the prothonotary
delivers them to the sheriff or coroner.D8 On the expiration of his term
the prothonotary must deposit with his successor all such deeds delivered
to him during his term, which have not been called for by the parties en-
titled to them.89
In judicial districts composed of a single county, upon notice to the
judgment creditor, an application for a stay of writ of execution may be
made to the prothonotary, who has the power to grant a rule to show cause
why the execution should not be stayed.loO
The prothonotary must keep general accounts of the business of his
office.lol All costs collected by him and not paid out to the parties entitled
to them are turned over to his successor. lo2 At one time the prothonotary,
upon receiving money, credited it to the parties entitled to it and at the
beginning of each quarter, posted in his office a notice showing the amount
due each person. This practice is no longer required,lo3 but the prothono-
tary must keep an account of all fees received by him or any person em-
ployed in his office. This account is scrutinized by the controller or auditors
from time to time.‘04
As agent of the Commonwealth the prothonotary collects taxes on writs
and other legal documents. He must make a return to the Department of
Revenue and pay the money collected to the State Treasurer.IO” He must
also make monthly returns to the Department of Revenue and pay to the
State Treasurer all money received for the use of the Commonwealth.10G
Se 1905 P. L. 108 sec. 1.
w 1905 P. L. 265 sec. 3.
oll Ibid., sec. 4.
a9 1862 P. L. 125 sec. 1.
luo 1881 P. L. 166 sec. 1.
‘“‘1913 P. L. 188 sec. 1.
“’ Ibid., sec. 2.
los 1913 P. L. 567 sec. 1 rep. 1929 P. L. 1278 sec. 1051.
lo1 1868 P. L. 3 sec. 8; 1874 P. L. 125 sec. 1; 1901 P. L. 175 sec. 1; 1909 P. L. 77
sec. 1; 1921 P. L. 69 sec. 1. By the act of 1810, 5 Sm.L. 105 these accounts had to be
forwarded to the Auditor General. This act was rep. as to counties with a popuiatiols
of 150,000 or over I876 P. L. 13 sec. I and as to counties of less than 150,000 popula-
tion, 1874 P. L. 125 sec. 1.
“‘“1830 P. L. 272 sec. 1; 1929 P. L. 343 sec. 611.
lm 1830 P. L. 272 sec. 7 ; 1893 P. L. 125 sec. 1.
196 COUNTY GOVERN-MENT
The prothonotary must make a report to the Department of Revenue of
alI estates of effects which have been paid into and deposited with the court
of common pleas if the whereabouts of the rightful owners have been un-
known for 7 years.l”’ A copy of the prothonotary’s daily record of every
instrument filed in his office securing a debt must be transmitted by him
monthly to the Department of Revenue,‘Os and the commissioners’ office
or the board of revision of taxes.log
There are numerous laws which minutely indicate the duties of the pro-
thonotary in particular types of proceedings that come before the court of
common pleas. In all these cases the prothonotary has some share of work;
primarily related to the keeping of records.110 Among his miscellaneous
duties is the requirement that he keep for public inspection advance copies
of laws enacted at each session of the General Assembly.lll
When reports of viewers in condemnation proceedings are filed, the
prothonotary marks them confirmed nisi, and then if no exceptions are
filed within ,30 days he enters a decree of absolute confirmation.“2 The pro-
thonotary issues peddlers’ licenses to disabled veterans without cost.‘13
When a writ of replevin is served, the sheriff must certify to the pro-
thonotary the name of the person in whose possession the goods are found,
if such person is not the defendant. I14 Parties to actions in replevin and
foreign and domestic attachments may, instead of giving bonds, deposit the
amount of the bonds in United States currency with the prothonotary who
deposits these funds in an approved bank to be paid out upon order of
the court.llh
It is the duty of the officer taking bond on writs of capias ad responden-
dum to make return of them together with the writ itself to the office of
the prothonotary .l16 In issuing a capias ad respondendum the prothonotary
must endorse upon it the amount of bail required by the plaintiff.lll
lo7 1929 P. L. 343 1305; 1935 P. L. 190 sec. sec. 1.
NM 1935 P. L. 414 11. sec.
‘“1913 P. L. 507 sec. 8.
‘I0 See records section, infra.
1’S 1893 P. L. 102 2 1929 P. L. 1278 sec. rep. sec. 1051 but reen. in sec..230. ‘I* 1891 P. L. 75 6; 1903 P. L. sec. 124 sec. 2.
‘13 1867 P. L. 50 1; 1891 250 sec. P. L. sec. 1; .1921 P. L. 895 sec. 1; 1935 P. L. 126 sec. 1; 1937 P.L. 1191 No. 30.5 set 1.
“‘1901 P. L. 88 sec. 2; 1923 P. L. 136 103 No. sec. 1.
‘I6 1909 P. L. 115 sec. 1.
11’ 1836 P. L. 658 sec. 12.
‘I’ Ibid., sec. 28.
, PROTHONOTARY 197
.The recorder of deeds forwards the date, amount, and place of record
of the recognizance of each sheriff or coroner, together with his name and
address to the prothonotary, who must enter this information upon his
dockets.lls
The prothonotary has definite duties relating to the keeping of records
of conditional sales contracts and divorce proceedings. If the owner or
occupier of land condemned in partition proceedings refuses to surrender
possession, proof of service of notice to move is filed with the prothonotary
who issues a writ of habere facias possessionem directing the sheriff to
take possession.11o The prothonotary must endorse his certificate on treas-
urer’s deeds for lands sold by county treasurers for nonpayment of taxes.l*O
Trustees inter vivos must give bond before assuming their duties and upon
order of court the prothonotary cancels these bonds.121
Whenever the court orders a change of venue in a civil case, the pro-
thonotary must forward certified copies of all docket entries, pleadings,
processes, depositions, and other papers pertaining to the case to the pro-
thonotary of the county to which the case has been removed.lz2 The pro-
thonotary must certify to the county commissioners the attendance of con-
stables at court so that the commissioners may pay them.123
Whenever a special court is deemed necessary, the president judge must
notify the prothonotary, whose duty it is to make and forward to the presi-
dent judge trial lists of the cases to be tried.124
In 1864 125 the prothonotary was directed to receive a descriptive list of
all unpatented lands made out by the Surveyor General. Four years later
he was permitted to receive in lieu of these lists “land lien dockets” con-
taining lists of all patented and unpatented lands upon which there is
money due the Commonwealth and surveys have been returned.12s The
Secretary of Internal Affairs took over the duties of the Surveyor General
‘la 1939 P. L. 359 3. sec.
‘lo 1907 P. L. 461 2 1929 P. L. 1278 sec. rep. sec. 1051 but reen. in sec. 517.
I’” 1911 P. L. 257 1. . sec.
12’1831 P. L. 192 sec. 4.
“’ 1875 P. L. 35 4. sec.
1231814 P. L. 28 sec. 2.
“‘1834 P. L. 333 sec. 39; 1840 P. L. 153 sec. 1.
“‘1864 P. L. 914 sets. 1, 3, 4.
“’ 1868 P. L. 60 1; 1872 P. L. 51 3. sec. sec.
198 COUNTY GOVERNMENT
in 1874 121 and he was directed to forward to the prothonotary a certified
statement of the cancellation of any such Iiens.lz8
Records. The prothonotary must copy and transcribe any books or
papers of record in his office whenever it becomes necessary to do so to
prevent their becoming illegible. The work of copying and transcribing is
done in his office, and the copies are certified when completed.‘29 He must
save the originals of these copies.‘3o
A study of the prothonotary’s records will reveal the fact that many
records are kept without specific statutory requirement. They are main-
tained as a matter of convenience in the course of the performance of the
prothonotary’s duties. On the other hand the duties which have been out-
lined in the preceding pages sometimes are not clearly revealed in the rec-
ords which actually are kept. Often this is because the legislation pre-
scribing the duty only implies the necessity for the keeping of a particular
type of record. Court rules provide the authority for the keeping of records
not required by statute.
MINUTES
Minute Book Common Pleas, usually dates from the beginning of
the county.
The minutes of proceedings of the court of common pleas are recorded in
these records, which show the court term and case number, names of parties,
type of case, date of trial, date and manner of disposition, and names of the
judges and court officers.181
OATHS AND BONDS
Bonds, Oaths, and Acceptances of County Officers, dates from the
time of the establishment of the county.132
Subdivisions within this main series of records, under different titles, ap-
pear in particular counties, in all cases. This type of record shows name
E’Cmst. art. IV, sec. 19; 1874 P. L. 135 sec. 4.
I=1911 P. L. 106 sec. 2.
139 1921 P. L. 938 sec. 1.
“Ibid., sec. 3.
Is1 In smaller counties this minute book sometimes contains records of the proceed-
ings in the courts of quarter sessions and oyer and terminer and of the orphans’ court.
‘= Const., art. VII, sec. 1; 1929 P. L. 1278 sec. 52: Since 1929 this record may be
found to include oaths of the chiefs of city bureaus of inspection, engineers, and in-
spectors under act of 1929 P. L. 1063 sec. 203. For special provision concerning oath
of district attorney, see 1850 P. L. 654 sec. 2, Since 1876 these records may include
oaths of court stenographers under act of 1876 P. L1 140; 1907 P. L. 135 sec. 1.
PROTHONOTARY 199
and title of official ; date filed ; contents of oath ; amount of bond ; and signa-
tures of sureties, witnesses, and county official receiving instrument. If the
record includes acceptances of office IS3 the following are usually indicated :
district, date of election, and signatures of prothonotary and office holder.
TRIAL AND ARGUMENT LISTS
Docket of Issues and Arguments, dates should be found as early as
any other record in the county, although before the middle of the
nineteenth century there was a tendency to keep this data in the
general records and dockets of the court.134
Record of cases which have given rise to a specific issue requiring argu-
ment. It indicates the date set for argument, names of parties and their
attorneys, court term and case number, point in issue, and disposition of the
argument.
Trial List, from the date of establishment of the county.13j Title
varies : Watch Book.18e
Record of cases to be tried in ensuing term of court. It is essentially a
calendar, showing court term and case number, names of parties and at-
torneys, and nature of the cause of action.
JUDGMENTS
Judgment Scratcher. This record is kept as a matter of convenience
and may be found from any date since the time of establishment
of the county. Title varies: Judgment and Execution Scratcher;
Judgment Blotter.
This is a daily temporary record of instruments containing confessions of
judgments and of judgments awarded by the court, showing court term
and case number, names of parties, date judgment was entered, and amount
of judgment. It is usually arranged chronologically by term of court.
lay Magistrates and justices of the peace are required to file acceptances of office
with the prothonotary. See 1877 P. L. 12 sec. 4; 1915 P. L. 142 sec. 1.
ls4 It is often combined with the trial list, and sometimes with both the trial and
jury lists. Equity argument lists are usually combined with the general argument
lists in the court of common pleas.
“‘In the earlier periods they were not in most instances kept separately.
Ina It is often combined with the argument list or issue docket and sometimes with
both the argument and jury lists. Equity trial lists are usually combined with the
general trial lists in the court of common pleas.
200 COUNTY GOVERNMENT
Judgment Dockets, 18277’“’ Title varies : Lien Docket ; Judgment
Index ; Adsectum Judgment Docket.
This record is one of the most important records kept by the Ejrothonotary.
It is a permanent indication of all judgments entered in the county as the
result of court proceedings, since it is the prothonotary’s duty to enter
herein every award of the court in the order of time in which the award
was given. This docket shows court term and case number ; names of parties
and their attorneys ; date judgment or award was entered ; type and amount
of judgment ; whether or not execution was issued ; and date when judg-
ment was opened, revived, stricken off, or satisfied.‘“Y The prothonotary
must enter upon this docket verdicts for any specific sum of money, mark
them “Verdict” and specify the amount and date of rendition.13” The pro-
thonotary receives from the recorder of deeds certification of recognizances
of sheriffs and coroners filed upon assumption of their duties and he must
enter the names of the parties to such recognizances upon the Judgment
Docket.14” He must also enter in the Judgment Docket judgments compell-
ing the assignment of mortgages ; I41 proceedings in lunacy and habitual
drunkenness, petitions to declare void any instrument conveying title to
real estate, and any proceeding by which purchasers of real estate would
be deemed to have had constructive notice of commencement; 142 descrip-
tions of property attached by the sheriff in foreign attachment proceedings
with the date of execution; 143 certificates from the board of county com-
missioners to the effect that collectors of county taxes are subject to liabil-
ity for discrepancies in their accounts; ‘44 the date, amount, and place of
13’ 1827 P. L. 154 sec. 3.
13’The act of 1834 P. L. 537 sec. 77 provides that in the case of sale of real estate
by a sheriff, and in appropriation of the money by the court, it is the duty of the pro-
thonotary to note on each judgment or lien the amount paid by such appropriation,
with a reference thereto. In all cases where the amount due on a judgment of record
has been paid to the legal holders and the instrument on which the judgment is pro-
cured is produced to the prothonotary, he must mark the record of such lien “Satis-
fied” and file these instruments, together with the certificate allowing such satisfaction,
18.56 P. L. 304 sec. 1. The instruments will be found among the Appearance Docket
Papers.
Ian 1877 P. L. 34 sec. 1.
“‘1834 P. L. 537 sec. 74 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 212.
“I 1903 P. L. 327 sec. 1.
“‘1871 I?. L. 387 sec. 1 rep. as to proceedings to revive and continue liens of debts
against a decedent’s real estate, 1917 P. L. 447 sec. 63.
““1836 P. L. 586 sec. 51.
I” 1937 P. L. 2780 sec. 1.
PROTHONOTARY 201
record of the recognizance of each sheriff or coroner together with his name
and address ; 145 judgments of the District and Circuit courts of the United
States ; 146 many matters which pertain to the administration of decedents’
estates ; 147 specifications of contracts for labor and materials containing
special provisions as to time and manner of payments ; 148 writs of scire
facias on mechanics’ liens in the same manner as writs of scire facias
already entered ; I49 transcripts of judgments obtained before justices of
the peace.‘so Upon entry of an appeal bond and the perfection of any ap-
peal the judgment ceases to be a lien against the real estate of the defendant
and it is the duty of the prothonotary to mark upon the judgment docket
“Appeal Perfected ; Lien Discharged.” IS1
146 1939 P. L. 359 sec. 3.
I” 1895 P. L. 247 sec. 1; 1929 P. L. 1805 sec. 1.
“‘1917 P. L. 363 sec. lS(b-5, e-l)-; 1917 P. L. 447 sets. lS(a, b, d), 18(c), Sl(a,
b) ; 1919 P. L. 104 sec. 1. No instrument which is not payable within 1 year after
the death of a decedent may remain a lien on his real estate unless a copy is filed with
the prothonotary of the county where the real estate is situated. This lien must be
indexed by the prothonotary against the decedent and the executor or administrator
in the Judgment Docket or Index; also upon certification by the clerk of orphans’
court, the prothonotary must enter upon the Judgment Docket or Index petitions for
the specific performance of the sale of real estate. When an action is brought or
statement filed, upon praecipe, against the estate of a decedent, it is the duty of the
prothonotary to index the same against the decedent, his executor or administrator,
and any other defendants, in the Judgment Index. Upon request, the prothonotary
must furnish a copy of the praecipe, which when duly certified under the seal of the
court, may be filed in any other county in which the real estate against the claim is
to be charged is situated. When so filed, the claim is indexed against the parties
named. When the orphans’ court issues definitive orders to pay certain sums of money
upon parties other than fiduciaries the prothonotary must file and docket certified
transcripts of these orders which remain a lien on ‘the real estate until satisfied. He
must also file docket certified transcripts of the orphans’ court, showing the amount
appearing to be due from or in the hands of any fiduciary, on the settlement of his
accounts in the orphans’ court or by virtue of a decree of that court. These transcripts,
when filed, constitute a judgment. If the decree is appealed from the orphans’ court
the amount found by the appellate court to be due is’ recorded in the same way and
with like effect. When satisfied, it must be so marked. Writs of sequestration issuing
out of orphans’ court must be marked, “Satisfied,” if the orphans’ court dissolves the
writ. In re jury trials in orphans’ court, see 1917 P. L. 363 sec. 21(d) added 1937
P. L. 2665 am. 1939 P. L. 94.
‘lB 1901 P. L. 431 sec. 18.
“‘1895 P. L. 84 sec. 1 rep. 1901 P. L. 431 sec. 61 but reen. in sec. 43.
IJo 1804, XVII St. at L. 782 sec. 5; 1810 P. L. 208, 5 Sm.L. 161 sec. 10; 1844 P. L.
564 sec. 8; 1885 P. L. 160 sec. 1.
l’l1909 P. L. 108 sec. 1.
202 COUNTY GOVERNMENT
Judgment Docket Index, 1827-.
This record is a direct index to the Judgment Docket and shows the names
of the judgment debtor and judgment creditor, date judgment was entered.
its amount, and page reference to place of recording in the Judgment
Docket.
Judgment Index Adsectum, 1827-. Title varies: Index to Judg-
nients, Adsectum.
An additional and indirect index to the Judgment Docket and shows names
of the judgment creditor and judgment debtor, date judgment was entered
and its amount, and page reference to place of recording in the Judgment
Docket.152
Adsectum Judgment Index, 1915-.1”3
An alphabetical list of names of all judgment creditors and assignees,
separate from other judgment records and indexes, which was required
by the legislature to simplify matters relating to judgments. It shows court
term and case number, names of parties, date and amount of judgment,
and whether satisfied.
Index to Assigned Judgments, 187&.1s*
A separate record of those judgments, once procured, which have since
been assigned, and shows names of the original parties to judgment, court
term and case number, name and address of the assignee, amount of judg-
ment, and date of assignment.
APPEARANCE AND COMMON PLEAS PAPERS AND DOCKETS
Appearance Docket Papers, dates from time of the erection of the
county. Title varies :’ Continuance Docket Papers ; Common Pleas
Files.
This is a residuum of many miscellaneous papers which are filed separately
in some instances and in others kept together. Typical records included
IS2 Both the Judgment Docket Index and the Judgment Index Adsectum are some-
times used to index other records in addition to the Judgment Docket.
lb3 191.5 P. L. 614 sec. 1. Although the titie Adsectum Judgment Index is used-in ’ i
legislation to refer to a brief Judgment Docket it is very confusing since it conflicts
with the commonly used phrase Judgment Docket Index, Adsectum. The latter is
the title often used for the index to the Judgment Docket which is arranged alpha-
betically by the surname of the defendant and should be distinguished from the so-
called Adsectum Judgment Index.
‘SL1878 P. L. 138 sec. 1.
PROTHONOTARY 203
are judgments and decrees of the Federal courts for the purpose of estab-
lishing liens against the real estate in the county ; IS6 sheriff’s inquisitions
and all orders of the court of common pleas in relation to partitions and
common recoveries ; 156 accounts of trustees inter vivos 15’( and of guardians
of feeble-minded persons ; 15s descriptions of land disputed in ejectment
proceedings ; 16@ statements of claims and affidavits of defens,e in actions of
assumpsit ; I80 written decisions of the court in trials without a jury; I61
bonds filed in actions of replevin ; 162 alternative writs of mandamus filed
by defendants in mandamus proceedings ; 163 bonds of hawkers or ped-
dlers ; I64 bonds of importers of horses ; lo5 reports of viewers in lateral
railroad construction ; 168 reports of viewers in condemnation proceed-
ings ; lB7 names and photographs of the sheriff’s deputies ; 168 and bonds
filed on writs of capias ad respondendum .lu9 A description of each type
of paper is impossible within the compass of the present work because of
the greatly varied jurisdiction of the court of common pleas. Generally, it
may be said that these papers contain the names of the parties and their
attorneys and designate the type of instrument being filed. They usually
bear a date and are stamped with the court term and case number, and
official seals and signatures. The fact that they have been filed and the
date of filing are usually included in the Continuance Docket.
“’ 1895 P. L. 247 sec. 1; 1929 P. L. 1805 sec. 1.
I” 1849 P. L. 524 sec. 8.
“’ 1825 P. L. 107 sec. 3 rep. as to testamentary trustee?, 1917 P. L. 447 sec. 63;
1828 P. L. 453 sec. 3; 1836 P. L. 628 sec. 22.
I68 1907 P. L. 292 sec. 6(b) ; 1915 P. L. 124 sec. 1.
‘601806 P. L. 558, 4 Sm.L. 326 sec. 12.
lm 1806 P. L. 558, 4 Sm.L. 326 sec. 5; 1915 P. L. 483 sec. 1; 1921 P. L. 144 sec. 1.
The prothonotary must note in the Appearance Docket the fact that these have been
filed.
‘a 1874 P. L. 109 sec. 2; 1935 P.. L. 640 sec. 1.
la 1901 P. L. 88 sec. 1.
les 1893 P. L. 345 sec. 12.
I04 1729, IV St. at L. 141 sec. 1.
la 1748, V St. at L. 65 sec. 1.
lee 1832 P. L. 501.
la 1891 P. L. 75 sec. 6 ; 1903 P. L. 124 sec. 2.
I68 1937 P. L. 1595 sec. 1.
*- 1836 P. L. 658 sec. 12.
204 COUNTY GOVERNMENT
Summons Praecipes and Execution Praecipes, dates vary.
Usually a file of orders of attorneys for the issuing of writs of summons
and execution. These orders are brief in form, being only a short direction
issued to the prothonotary to initiate process. They show names of parties,
court term and number of suit, and signature of attorney.17’
Venires, dat,es will probably be found from time of erection of
county.
These are really writs summoning the presence of persons to serve on
grand and petit juries and show name and address of person summoned,
date summoned, and signatures of jury commissioners and sheriff. At-
tached to venires are court orders which authorized the drawing of jurors
and showing names of judge and prothonotary.lil
Interrogatories, Depositions, usually date .from erection of county.
These are papers which contain testimony taken from witnesses who for
various excusable reasons were unable to appear in court to testify. These
papers show court term and case number; names of parties and witnesses
testifying; contents of testimony ; and signatures of attorneys, court
stenographer, and judge.l12
Testimony, Common Pleas, 1867-.17s
These are bulky transcripts of testimony heard in cases tried before the
court of common pleas and they show court term and case number; names
of parties, attorneys, and witnesses ; date of hearing and filing; and sig-
natures of court stenographer and judge.lr4
Court Opinions, 1806-.lT6
Upon the request of any interested party, the opinion of a judge of the
court of common pleas must be reduced to writing and filed with the pro-
“” In many counties they will be found combined with the Appearance Docket
Papers. The execution praecipes will often be found with the execution papers.
Ii1 In many counties these may be found in the file boxes containing the Appearance
Papers.
“* These also may be found in the files of the general Appearance Docket Papers.
I” 1867 P. L. 83; 1911 P. L. 279 sec. 4. In some counties the need for this was
realized before the legislative action of 1867 and there these notes of testimony will
be found earlier.
l”These papers are found in the smaller counties in the files containing other Ap-
oearance Docket Paoers.
5 “‘1806, XVIII S;. at L. 61 sec. 25; 1856 P. L. 337 sec. 1. These are sometime
found in the Appearance Docket Papers.
I
s
PROTHONOTARY 205
thonotary. These opinions show names of parties, court term and number
of case, nature of suit, a clarification of issues involved, a summary of the
law pertaining thereto, conclusion reached. and signature of judge.
Reports of Damages, dates vary.
They are original claims for damages caused in the opening,170 widening,
closing, or changing in any manner of county roads showing court term
and case number ; names of petitioner, attorneys, and viewers ; location of
the property affected ; dates when viewers were appointed ; date of view-
ing and estimate of damages; dat,e of filing; and whether or not petition
was confirmed.
Powers of Attorney, .1722-.177
These papers consti,tute the authority given to one person to act on behalf
of another and show names of the parties and attorneys ; extent of authority
delegated, including a detailed description of nature of powers to be exer-
cised; and official seals and signatures.
Reports of County Auditors, should date from the erection of
county.1’8
It is a record of county auditors’ original reports of the results of their
audits of accounts of the county commissioners, the sheriff, the treasurer,
and the coroner. These repor,ts show name of office, amount of money
received and spent, their totals, finding of auditors, and signatures of
auditors and judge of the court of common pleas.
Appearance Docket, is a general record which will be found from
date of county’s erection. Title varies: Continuance Docket.
In this record are entered all suits instituted and appeals br0ught.l’” It is
really a summary of all civil cases tried in the court of common pleas,
showing names of parties and their attorneys, dates the various papers were
filed and pleadings entered, an abstract of all papers filed in case, a descrip-
tion of nature of suit and instrument filed, action taken in matter, and
seals and signatures of officials concerned.
“‘They will in most instances be found in the Appearance Docket Papers files.
I” 1722, 1 Dali. 171 sec. 28. In many counties these will be found to date no earlier
than the middle of the nineteenth century.
“‘1929 P. L. 1278 sets. 363, 364 am. 1935 P. L. 1184 sec. 2. This record will be
found only in those counties having three county auditors instead of a controller. In
some counties of this type these reports will be found in the files of the Appearance
Docket Papers. In the smaller counties it is quite possible that these papers will be
found in the Appearance Docket Papers files and in the larger counties the earlier
records of this nature are likely to be found in the same place.
“‘1875 P. L. 134 sec. 3.
206 COUNTY GOVERNMEl
D.S.B. (Debt on Same or Single Bill) Papers, 1879-.180 Ti
varies: Common Pleas Papers.
These papers will be found to consist of judgment notes and bonds, or
inal confessions of judgments and other liens which lead to a volunta
entry of judgment against a debtor without recourse to the deviati
processes of suit. They show names of parties, date and character of :
strument, date filed, amount of debt, and date it became due.
Record of Instruments Securing Debts, 1935-.‘s’
Daily record of all instruments filed in the prothonotary’s office securi
a debt such as notes and bonds, and should show names of parties, ty
of instrument filed, date of filing, and amount of debt.
D.S.B. (Debt on Same or Single Bill) Docket, coincide in dates w
foregoing papers. Title varies: Common Pleas Docket.
ith
All judgments by confession, transcripts, exemplifications, and other lie
are entered in this docket in pursuance to the act of 1879 which provid
that when, in addition to the judgment or lien docket in the form of
adsectum index docket, two other dockets are kept by the prothonota
the first shall be called an Appearance Docket and the second a Comm
Pleas or D.S.B. Docket.ls2 Whenever a judgment is obtained and enter
on the Appearance Docket the court may direct the prothonotary to en
on the Common Pleas or D.S.B. Docket the names of the parties a
whether the judgment was obtained by verdict or otherwise and the COI
term and number of the case on the Appearance Docket. This must
done before the judgment is entered in the judgment or lien docket,
that every judgment rendered in the court of common pleas shall appear
in the D.S.B. Docket. This information must be entered in.the order of
time of entry and takes its number and term from the entry on the ap-
pearance Docket. The Judgment Docket serves as an index to the D.S.B.
Docket.
:ns
ed
an
v,
on
,ed
ter
nd
u-t
be
60
Ejectment and Miscellaneous Index, 1913-.ls3
The legislature, in amending existing laws in 1913, required the prothono-
tary to keep a separate index docket, to be known as the Ejectment and
WT -
.tle
ig-
1l-Y
ng
in-
w
‘pe
m Ibid.
‘*‘193S P. L. 414 sec. 11 reen. and am. 1937 P. L. 633 sec. 1 further reen. and am.
1939 P. L. 76 sec. 1.
‘*’ 1879 P. L. 134 3. sec.
1811 1878 P. L. 95 1 1913 P. sec. am. L. 532 sec. 1.
1
PROTHONOTARY 207
Miscellaneous Index, in which must be entered in alphabetical order, the
names of all persons found to be lunatics or habitual drunkards ; names of
persons or parties against whom injunctions have been granted restraining
them from selling or in any way encumbering real estate ; and the names
of all parties against whom decrees of divorce have been granted. The
court may also direct the prothonotary to enter in the separate index
docket the names of all parties to suits or bills in partition; the names of
all parties to any ejectment suit or action to recover real estate, or to com-
pel a conveyance thereof ; the names of all parties to adoption proceedings ;
the names of all parties having their names changed ; the names of all
parties to all condemnation cases in which vi,ewers are prayed for or ap-
pointed ; the names of all parties to suits in equity affecting real estate ;
the names of all parties to proceedings otherwise relating to real estate,
which the court shall deem advisable to be entered therein. Such indexes
should be kept in place of the separate ejectmint and other indexes. AI1
matters, proceedings, and actions at law, in equity or otherwise, that have
been entered upon the direct and adsectum indexes and upon the Judgment
Docket are not included in the Ejectment and Miscellaneous Index.
Whenever proceedings in equity, affecting the title to any real estate,
are begun in common pleas court and have been entered in the ejectment,
judgment, or miscellaneous index, and subsequently settled, satisfied, dis-
continued, or dismissed, the prothonotary must indicate the action taken
upon the margin of the index.ls4 This record shows court term and case
number, and place where action thereon is recorded in the Appearance
Docket.
JUSTICES OF THE PEACE
Justices of the Peace and Aldermen’s Docket, date from erection
ok courlty.185
Record of the proceedings before justices of the peace and aldermen, show-
ing names of parties and witnesses, type of case, charges preferred and
claims made, bonds posted and amounts of each, amounts of judgments
rendered, fines and costs paid, and appeals to higher courts.
“‘1923 P. L. 6 sec. 1.
‘= Justices of the peace and aldermen are required to turn over all filled records to
the prothonotary at the end of their terms, yet they seldom actually do it. 1915 P. L.
669 sec. 1. For transcripts of judgments obtained before justices of the peace see the
Judgment Docket, supra.
208 COUNTY GOVERNMENT
Justices of the Peace and Aldermen’s Papers,‘“’ date from erection
of county.
These records contain all of the original papers filed in proceedings before
justices of the peace and aldermen such as original writs, summonses,
recognizances, bail bonds, warrants, receipts for collections, and orders,
showing names of parties; purpose of instrument; and dates issued, filed,
and served.
Certificates of Judgments Rendered by Justices of the Peace and
Aldermen Against Boroughs, Townships, and School Districts,“’
1905-.
Used for the purpose indicated in the title and shows names of parties,
amount of judgment, when rendered, signature of justice of the peace or
alderman, and date when payment was made.
Record of Suits Before Justices of the Peace and Aldermen Against
Boroughs, Township, nnd School Districts,lss 1905-.
This record is a summary of the proceedings in suits brought before this
minor judiciary against boroughs, townships, and school districts and shows
names of parties; an abstract of different papers filed in proceedings, with
date of filing ; amount of judgment ; and date satisfied or appealed.
JURIES
List of Jurors, should date from erection of county.
A list of those jurors who have been summoned by order of the court as a
result of the fact that their names have been drawn from the jury wheel.lR”
It shows names of jurors, their addresses and occupations, and signature
of the judge.
Jury Book-Common Pleas, should date from erection of’county.
This book contains a record of those jurors who served on each case tried
in the court of common pleas, showing court term and case number, name
and number of juror, and caption of case on which he served.
“‘For acceptance of office of aldermen and justices of the peace, see Bonds and
Oaths of County Officers, supra.
“‘Although specifically required by act of 1905 P. L. 296 sets. 1, 2, this record is
seldom found.
lw Ibid.
‘““1834 P. L. 333 sec. 124; 1874 P. L. 46 sec. 3. Sometimes these lists are divided
into two groups, one for traverse or petit juries and the other for grand juries.
PROTHONOTARY 209
Common Pleas Jurors-Time Book, dates vary in each county since
it is not required by statute but is kept merely for purposes of con-
venience.
This is an attendance record. for jury service, showing names and ad-
dresses of jurors, number of days served, days defaulted, date excused, and
kind of jury on which service was rendered.‘“’
Jurors’ Discharges, dates vary in each county because it is kept, if
at all, simply as a matter of convenience.
This record is usually kept in the form of file boxes which contain notices
of the prothonotary to persons discharging them from further service and
showing name and address of juror, date of his discharge, and signature
of prothonotary.
TAX AND MUNICIPAL LIENS
Locality Index, Tax and Municipal Liens, Boroughs, and Town-
ships, 1893-.
The title Locality Index, Tax and Municipal Liens may be followed by
the name of a specific city or classes of cities but essentially all records of
this nature contain the same matters and are kept for the same purpose.
The designation of the specific municipality which follows the general title
of the record simply indicates the particular municipal subdivision for
which that record is being kept and is primarily a clerical division for
efficiency purposes. In this record the prothinotary enters claims for taxes,
water rents, lighting, power,.and sewer rates, and other municipal claims lo1
as well as special assessments against owners of property for the costs of
improving streets, alleys, or highways.ls2 All of these’ claims are also
entered in the judgment dockets. This record shows names of the municipal
authority making claims, and individual against whom claim is filed ; amount
due; nature of claim; a description of property with its address, civil di-
vision, and ward ; court term and case number j and date of filing.
lw 1834 P. L. 333 sec. 128.
“I 1923 P. L. 207 sets. 9, 26 ; 1927 P. L. 729 sec. 2; 1927 P. L. 733 sec. 3 ; 1937
P. L. 2609 sec. 9. See also acts of 1927 P. L. 320 rep. 1939 P. L. 349 sec. 2 and 1939
P. L. 1100 sets. 1, 2.
la* 1893 P. L. 453 sec. 3 rep. as to third-class cities 1931 P. L. 932 sec. 4701 but,
See act of 1939 P. L. 351 sets. 1, 2. In 1939 the prothonotary was required to file the
municipal claims of boroughs for special assessments in his office and in most counties
these should now be in a file drawer containing these claims, 1939 P. L. 641 sec. 3.
.
210 COUNTY GOVEHNMEI
City Tax Liens, 1889-. This record will not vary a great d
in title.
Its purpose was to have a separate place of record for the numerous pap
filed in the payment of taxes. In 1835 the prothonotary was directed
receive certificates of amounts due and unpaid by tax collectors and en
them in the Judgment Docket.“” The great volume of this work made
different plan necessary so that the act of 1889 provided that all unp;
taxes in third-class cities were to be registered by the prothonotary ir
City. Lien Docket.lg4 This act failed to relieve the great burden wh
had been thrust upon the general judgment docket so that in 1899 provis
was made for all unsatisfied tax liens upon real estate to be entered ul
other dockets which were to be set out separately for each ward, borou;
and township and when so entered they were not to be entered in
general judgment docket.lo5 This development affected the papers fi
in these matters so that the record now designated City Tax Liens con!
tutes a residuum for the papers related to these dockets. These pap
show names of parties, location and description of property, court te
and case number, type and amount of lien, and signature of city solicit
NT -
eal
to
ter
:a
aid
ia
ich
ion
)on
&
the
led
sti-
ers
rm
or.
City Lien Docket, 1889-.
This is the separate docket in which claims for unpaid taxes are enter ed.
When so entered these claims need not appear in the Judgment Docl cet.
The City Lien Docket indicates nature and amount of claim, a notat ion
of papers filed in ,the matter, court term and case number, amount d ue,
a description of property, name of owner against whom claim is filed, z md
signature of city solicitor.
Federal Tax Liens, 1929-.
An act of 1929 required that notices of liens for taxes payable to the
Federal Government, and certificates discharging such liens be filed by
the Collector of Internal Revenue with the prothonotary of the co1
where the property subject to the lien is situated.ln6 By the third set
of the same act he was required to attach original certificates of disch;
in such cases to the notices.ls7 This record is, therefore, a group of !
notices and discharges of Federal liens showing serial number, name
Ias 1835 P. L. 45 sec. 3.
“’ 1889 P. L. 277 sec. 11.
‘= 1899 P. L. 120 sec. 1.
lw 1929 P. L. 1215 sec. 1.
‘97Zbid., sec. 3.
.mty
:tion
arge
such
and
PROTHONOTARY 211
address of taxpayer, amount of debt, dates of liens and satisfactions
thereof, signature of revenue coll,eotor, name of district, and date paper was*
filed.
Federal Tax Lien Index, 1929-.
The act of 1929 provided that both the notices and discharges of Federal
tax liens be entered in a Federal Tax Lien Index by the prothonotary of
the county where the property subject to the lien is situated.1Qs This index
shows naine and address of taxpayer, serial number of notice, date and time
filed, amount of debt, and date it was discharged.
MECHANiCS’ LIENS
-:- Mechanics’ Liens Papers, in most counties begin about the middle
of the nineteenth century or shortly before that. In some counties
they will be found combined with tax and municipal liens even
though they represent a distinct phase of the jurisdiction of the
court of common pleas.
All papers filed by mechanics and laborers claiming a right to a preference
against a particular property, which right arose through the expenditure
for labor or materials by contractors, builders, or laborers. These records
contain copies of the contracts involved, and the cIaims which arose upon
failure to meet the terms of these contracts. When the right to file a claim
is complete, any owner or contractor may enter a rule in the office of the
prothonotary requiring claims to be filed within 15 days.lQQ !%I& claims
or statements of demand, together with the contracts upon which they are
based, must be filed with the prothonotary.200 The owner and contractor
may agree to have the contractor name his claim, but such agreement must
be filed with the prothonotary and indexed by him, if it is to be binding on
the subcontractor.201 Special provisions as to manner and time of pay-
ments in contracts for labor and materials are binding against the sub-
contractor only if he receives actual notice of them before he furnishes
labor or materials or if a written contract is filed with the prothonotary.2””
These papers show court term and case number, date filed, nature and
I” Ibid., sets. 1, 3.
“‘1901 P. L. 431 sec. 7.
2a) 1872 P. L. 47 sec. 1; 1883 P. L. 116 sec. 1; 1887 P. L. 337; 1891 P. L. 54 sec. 1 ;
1901 P. L. 431 sec. 11; 1905 P. L. 172 sec. 1.
m1 1901 P. L. 431 sec. 15; 1903 P. L. 297 sec. 1.
‘02 1901 P. L. 431 sets. 16, 17. According to a now obsolete Ijrovision of 1836 P. L.
616 sec. 3 liens for labor and materials for shipbuilders are obtained by virtue of a
libel filed with the prothonotary.
212 COUNTY GOVERNMENT
amount of lien, names and addresses of parties, location and description of
*the operation, and terms and conditions giving rise’to claim.
Mechanics’ Lien Docket, 1901-.203 In some counties it is com-
bined with the Municipal Lien Docket.
This is a brief record of all proceedings in the establishment of liens
against property arising out of building contracts. It shows court term
and case number, names of parties, action taken in matter, nature and
amount of lien, and date filed, together with location and description of
property.
WORKMEN’S COMPENSATION
Workmen’s Compensation Papers, 1915-.
With the passage of the Workmen’s Compensation Act of 1915 it’lecame
the prothonotary’s duty to keep a great many records pertaining to these
matters. For example, when, after an accident, an employee or his de-
pendents enters into a compensation agreement with an employer or files
a claim with the Workmen’s Compensation Board, he may file a certified
copy thereof with the prothonotary who enters the amount stipulated in
the agreement or claimed in the petition as judgment against the em-
ployer. If the agrdement is approved by the board, or compensation
awarded as claimed in the petition, the amount awarded constituted a lien
as of the date the agreement or petition was filed with the prothonotary.204
If the agreement is disapproved, or after hearing, compensation is disal-
lowed, the employee files such disapproval or disallowance with the pro-
thonotary. If the claim is modified the prothonotary marks the judgment
so that it coincides with the modification. Supplemental awards modifying,
suspending, reinstating, or terminating any award or agreement are filed
with the prothonotary. 2os He also keeps in this record all certificates of
payments of compensation judgments obtained in the common pleas
court.206 These papers show names of parties, nature of instrument filed,
action sought or made, date filed, and signatures of judges, of compensation
board or of the court.207
l(w 1901 P. L. 431 sec. 10. In some counties separate dockets for mechanics’ liens
were kept as early as the middle of the nineteenth century.
“‘1915 P. L. 736 sec. 428; 1919 P. L. 642 sec. 6.
‘03 Ibid.
2w 1915 P. L. 736 sec. 429; 1919 P. L. 642 sec. 6.
“’ In many counties these papers will be found in the files of the Appearance Docket
Papers.
PROTHONOTARY 213
Workmen’s Compensation Docket, 1916.
This is a record of all proceedings in workmen’s compensation cases and
of the papers filed in the record entitled Workmen’s Compensation Papers.
On this record the prothonotary must enter, strike off, modify, or satisfy
the judgments resulting from the agreements and awards of the Workmen’s
Compensation Board, the court of commbn pleas, or the appellate courts.20*
It shows court term and case number, names of parties, an abstrBct of
papers filed, and a brief dated summary of action taken in case.“’
ARBITRATION *lo
Rules for Appointment of Arbitrators, 1836-.
Motions made before the court for the appointment of arbitrators, show-
ing court term and case number, date filed, date of appointment, names
of parties and arbitrator, date and place of proposed meeting, and signature
of plaintiff’s attorney.
Report of Referees, 1836-.211 Title varies: Reports of Arbi-
trators.
Reports of arbitrators and referees filed in arbitration proceedings, show-
ing names of parties and referee, facts in issue, findings of referee, his
recommendations, final disposition of matter, official seals and signatures,
and date filed.212
Arbitration Papers, 1836-.
Rules for the appointment of arbitrators and the reports of arbitrators are
often included in this record together with the written consent of the
opposing party to an appeal from the award of an arbitrator; $I3 the written
agreements submitted to the prothonotary to submit a case to the decision
of a person admitted to practice law before the Supreme Court of Penn-
sylvania ; 214 depositions of aged and infirm witnesses ; *I5 and the accept-
208 1915 P. L. 736 sets. 429, 430; 1919 P. L. 642 sec. 6.
IODIn most counties workmen’s compensation proceedings in the court of common
pleas will be found recorded in the Appearance Docket and the judgments mentioned
herein entered in the Judgment Dockets.
‘loIn many counties arbitration records will be found to date from the beginning
of the nineteenth century although legislative requirements for the keeping of these
records were not passed until 1836.
n’1836 P. L. 715 sec. 20.
=In most counties these will be found in the Appearance Docket Papers files.
‘la 1836 P. L. 715 sec. 33.
““1874 P. L. 166 sets. 1, 2.
as 1836 P. L. 715 sec. 47.
214 COUNTY GOVERNMEN
antes and oaths of the referees appointed averring impartiality.2’B These
papers show date of appointment of arbitrator, his name and that of parties
to matter in issue, facrs in issue, and findings thereon.
Arbitration l)ocket, 1836-.*l’
This is a volume which summarizes proceedings in cases settled by arbitra-
tion, and shows court term and number of case, date when rule to choose
arbitrators was entered, names of parties and arbitrator, date and place
of meetings, nature of dispute, and disposition thereof.*18
LUNATICS AND HABITUAL DRUNKARDS
Accounts of Committees, 1836-.218
A collections of all papers relating to proceedings in the care-of the estates
and persons who are mentally incapable or incapable by virtue of the fact
that they are habitual drunkards. The committee appointed to care for the
estate of a lunatic or habitual drunkard must file with the prothonotary an
Inventory of the estate within 40 days and render an account of the man-
agement of the estate triennially thereafter. Upon termination of the trust
rhe committee must file a final account of the management of the property
with the prothonotary.220 When a committee of the person is appointed
separately from the committee of the estate, such committee must file with
the prothonotary an account of its transactions as such.**l These inven-
tories and accounts show court term and case number ; date filed ; names
of parties; and itemized lists of assets, liabilities, receipts, and disburse-
ments ; and lists of depositories and amounts deposited.
Lunatics, Drunkards, Index, 183&.
An index to the proceedings concerning lunatics and habitual drunkards
which are recorded in the Appearance Docket, showing names of parties,
court term and case number, and volume and page where recorded.
I FIDUCIARIES’ ACCOUNTS
~
Accounts Dockets, 1850-.222
The prothonotary must record in a book kept for that purpose all accounts
m1874 P. L. 166 sets. 1, 2.
* 1836 P. L. 715 sec. 23.
a In many counties the record of arbitration proceedings will be found in the general
Appearance Docket.
llo 1836 P. L. 589 sets. 19, 40, 41; 1874 P. L. 122 sec. 1. In some counties these are
bund in the Appearance Docket Papers.
m Ibid.
m 1836 P. L. 589 sec. 42.
=1850 P. L. 569 sec. 19.
PROTHONOTARY 215
of assignees, trustees, sequestrators, and committees, and all reports of dis-
I tributions or appropriations made by the sheriff. This record shows dates
accounts were filed ; names of parties and fiduciaries ; value of estate ; re-
ceipts, expenditures, and balance; and date of approval by court.
Auditor’s Report Docket, 1850-.22s
This is a record of reports of auditors on the accounts noted in the previous
record, showing names of parties, court term and number assigned to
matter, claims allowed, estates involved in bankruptcy proceedings, names
of the banks which have been closed, financial statements, name of auditor,
amount of his fee, and date of confirmation of report by the court.
Auditor’s Report Docket Index, 1850-.
Alphabetical guide to the Auditor’s Report Docket showing the name of
the estate, bank, or bankrupt, and volume and page where recorded.
EJECTMENT
Partition Docket, l&B-.
Since 1849 *S the prothonotary has been required to enter into a Partition
Docket all proceedings in partition and to record sheriff’s inquisitions and
all orders of the court in relation to partitions and common recoveries.
This docket meets these requirements and shows names of parties, court
term and case number, location and description of property involved, dates
papers were filed, distribution made, and decree of the co~rt.*~~
Partition Docket Index, 1840-.
Alphabetical guide to Partition Docket, showing names of parties, and
volume and page reference.
PARTITION
Ejectment Docket, 1856-.226
Brief record of actions brought to recover real estate or compel a con-
m 1850 P. L. 569 sec. 19.
224 1849 P. L. 524 sec. 8; 1850 P. L. 569 sec. 27.
=The papers relating to partition will generally be found in Appearance Docket
Papers files.
21a185fj P. L. 532 sec. 2. In most counties ejectment proceedings will be found to be
recorded in the Appearance Dockets. In some of these counties having an Ejectment
Docket it will be found to be little more than an index to ejectment proceedings
recorded in the Appearance Dockets. Until ejectment proceedings are SO recorded or
indexed, no purchaser or mortgagee shall be considered as having notice of the
pendency of such action.
216 COUNTY GOVERNMENT
veyance of land by ejectment, and shows names of parties, court term and
case number, location of property, an abstract of papers filed, and disposi-
tion of case.
Ejectment Docket Index, 1856-.2”’
This is a guide to the Ejectment Docket which shows names of the parties,
location of property, title which is in dispute, and volume and page where
recorded.
INSOLVENTS
Inso1vents,228 Insolvency, date from erection of county. Title varies :
Assigned Estates, Petitions and Schedules of Insolvents.
Original papers filed by individuals who are insolvent and wish to avail
themselves of insolvency proceedings and of those individuals who have
made assignments for the benefit of creditors such as bonds of trustees
of insolvent debtors and assignees for the benefit of creditors, inventories
of estates assigned for the benefit of creditors, proofs of claim,228 sched-
ules of distribution,230 and the accounts of the assignees and trustees 281
showing court term and case number, names of parties, nature or char-
acter of debt, amounts due, type of instrument filed, names of appraisers,
a schedule of assets and liabilities of insolvent individual, and official seals
and signatures.
Insolvent Docket, may date from the time of the county’s erection.
Title varies : Assigned Estate Docket.
Record of each step taken in insolvency proceedings, showing names of
parties, court term and number of case, pleadings filed, an abstract of each
one, date each action was taken, amount involved, amount of bond filed,
names of sureties and appraisers, decree of the court, and final disposition
of matter. -
“’ 1856 P. L. 532 sec. 2.
‘% In a few counties distinguishable and separate records may be kept for insolvents
and assignments for the benefit of creditors.
*” 1836 P. L. 628 sec. 6; 1883 P. L. 73 sec. 1 rep. 1901 P. L. 404 sec. 42 which was
suspended by the Federal Bankruptcy Act passed 1898, 30 U. S. Stat. 544, ch. 541; see:
Lavery v. Beatty, 28 Dist. 612 (1919) ; also: Hoover v. Ober, 42 Super. 308 (1909).
In the days when arrest for debt was permissible the prothonotary had the power to
discharge insolvent debtors. See 1820 P. L. 155; 1833 P. L. 107 sec. 1.
z3” 1836 P. L. 729 sets. 15, 26.
=’ Ibid., sec. 30.
PROTHONOTARY 217
DIVORCE
Divorce Papers, 1927-.23’
These are usually file boxes containing the sheriff’s praecipes, subpoenas,
libels, affidavits of service, the reports of masters appointed to hear testi-
mony in divorce proceedings, and affidavits by appellants that appeals are
not taken for purposes of delay, showing court term and case number ;
names and addresses of libellant, respondent, and witnesses; how service
was made; name and address of master; testimony received; decision
reached ; and whether appealed.‘3”
Divorce Argument Docket, 1927-.
This is a brief summary of divorce proceedings, showing names of parties
and their attorneys, court term and number of case, name of master and
date when he was appointed, date master’s report was filed, costs, and dis-
position of case.234
Divorce Index, 1927-.
Index to divorce proceedings, showing names of parties and place of re-
cording.
EQUITY
Equity Papers, should date from erection of county.2”5
Combination of all original papers filed in the cause of equity proceedings
and shows court term and case number, names of parties, date.and char-
acter of instrument, date filed, and official seals and signatures.
Equity Docket, should date from erection of county.23E
Record of equity proceedings in the court of common pleas showing court
term and case number, names of parties, equitable remedy sought, an ab-
stract of all papers and pleading filed in case, dates papers were filed, and
disposition of case.
2az 1927 P. L. 884 sec. 1; 1929 P. L. 1237 sets. 25, 26, 29, 38, 60. In suits by
divorced tenants by the entireties for the sale of property and the division of the
proceeds where the property is situated in more than one county, a certified copy of
the divorce proceedings must be filed in the office of the prothonotary of each county.
1331n most counties divorce papers will he filed with the Appearance Docket Papers.
“‘In most counties divorce proceedings will be found recorded in Appearance
Docket.
?56The earlier parts of it will in most cases be found mingled with the earlier papers
in the files of the Appearance Docket Papers.
“‘Except where recorded in the Appearance Docket in the earlier years of the
county’s history.
a
218 COUNTY GOVERNMENT
Equity Docket Index, dates will coincide with those of the Equity
Docket to which this is a guide.
Shows names of parties to the suit and gives the volume and page reference
where recorded.
NATURALIZATION
Declarations of Intention, Affidavits, 179&.237
Original affidavits and declarations of intention of aliens to become citi-
zens, showing date of declaration, name and address of alien, his place of
birth, date and port of his entry into United States, name of vessel on
which he sailed, his marital status, a description of his person, his renuncia-
tion of foreign allegiance, and his signature.
Naturalization Petition Record, 179@--.
This is usually a series of file boxes containing petitions of aliens for admis-
sion to citizenship accompanied by certificates of arrival and copies of
declarations of intention, showing ithe following facts: date of petition;
name, address, sex, race, occupation, marital status, place of birth, and
date and place of immigration of alien ; names and dates and places of birth
of spouse and children; last foreign address; name of ruler of former
home; affidavit of witnesses as to character and length of residence in
United States ; name used at time of immigration ; change of name ; oath of
allegiance ; number of certificate of admission ; official seals and signatures ;
and date petition was filed.
Naturalization Certificates Granted, 1790-.
This record may be in the form of a series of cards or may be stubs of the
original certificates issued, showing date of certificate ; name, address, age,
physical description, and marital status of ahen; and names of court and
person issuing certificate.
Naturalization Docket, 1790-. Title varies : Alien Docket.
Brief record of persons admitted to citizenship and of those whose peti-
tions for citizenship have been denied, showing name, native country, pres-
ent address, age, and residence of person concerned ; signature of judge
making decision ; action taken by the court ; whether appealed or not ; and
dates when each step in naturalization proceeding occurred. This record
often serves as an index to place of recording of each instrument in pro-
ceeding.
Zai 1790, 1 U. S. Stat. 103 ch. 3; 1906 34 U. S. Stat. 596 ch. 3592 sec. 3; 1911, 36
U. S. Stat. 1167 ch. 231 sec. 289; 1913, 37 U. S. Stat. 737 ch. 141 sec. 3.
I 1 PROTHONOTARY 219
! Index to Naturalization Records, 1790-.
i This record, whether it covers all types of papers or just designated ones,
is a guide to the place of record of each paper filed in naturalization pro-
, ceedings, showing name of alien and place of recording of each item.238
APPROPRIATIONS
State Appropriation Papers, 191 l-.*”
This is a residuum of all papers relating to appropriations by ‘the State to
county institutions including such things as certificates of acceptance by
the State Treasurer of appropriations made by the State to the county and
transmitted by the Auditor General to the prothonotary ; and certificates
of satisfaction mailed by the State Treasurer to the prothonotary when the
obligation has been fulfilled. These papers show amount of appropriation,
names and kinds of institutions affected, description and location of prop-
erty involved, acceptance of grant which constitutes a lien until repaid,‘and
dates of appropriations and filing of papers.
State Appropriation Docket, 1911-.**”
Brief record summarizing matters pertaining to the application of State
appropriations to projects operated within the county showing name and
type of institution benefited by, appropriation, dates different papers were
filed in the course of application of appropriation, dates and amounts of ap-
propriation and its repayment, and whether lien credited by acceptance
of appropriation has been satisfied.
State Appropriation Docket Index, 1911-.
A guide to the institutions in the county who have availed themselves of
the benefits of State appropriations as recorded in the State Appropriation
Docket, showing name of institution and volume and page where recorded.
EXECUTIONS
Execution Papers, should date, from erection of county.
This record includes all papers filed in execution proceedings such as
praecipes,2*l writs of fieri facias, levare facias, liberare facias, and scire
=In some counties there are separate indexes for each record or combined indexes
for several records together.
sas 1911 P. L. 736 sets. 4, 5, 7.
2u) Ibid.
*G In some counties the execution praecipes are kept separately.
220 COUNTY GOVERNMENT
f acias,242 writs of sequestration issuing out of the orphans’ court,243 peti-
tions, orders, rules, and stipulations, showing court term and case number,
names of parties and their attorneys, amount of judgment for which execu-
tion is taking place, costs and interest, location and description of property
against which execution is issued, type of instrument, and the action taken
in pursuance to its issuance.
Fraudulent Debtor’s Attachment.
Record of original papers filed in suits commenced by attachment against
fraudulent debtors and contains bonds filed before attachment could be
issued 244 the oaths or affirmations of trustees appointed for the estate of
the de;endant,245 and the reports of these trustees which contain the propor-
tionate amounts payable to each creditor.246 These papers show names of
par,ties, court term and number of case, dates papers were filed, and amount
of debts claimed.
Testatum Fieri Facias. 1836-.247
The prothonotary receives from the sheriff and files in this record all
testatum writs of fieri facias issued in foreign execution proceedings.
These writs show names of parties, their attorneys, and sheriff; name of
county in which the execution proceedings are being conducted ; court
term and number of case ; dates of issue, stay, and return ; amount of debt ;
the interest due ; fees and costs charged ; and whether satisfied.
. Execution Dockets, 1834-.248
Brief record of all steps taken in execution proceedings, showing names
of parties and their attorneys ; court term and number of case ; amount of
debt or judgment for which execution is being issued ; dates and types of
writs issued ; dates of stays and returns of writs ; amounts of interest, fees,
’ and costs ; whether satisfied ; and signature of sheriff.
*“In a few counties these different types of writs will be found separated from the
other execution papers.
%M 1917 P. L. 363 sec. 18(b-5).
‘“1869 P. L. 8 sec. 1; IS87 P. L. 197 sec. 1; 1878 P. L. 147 No. 185 sec. 1.
“’ 1836 P.’ L. 606 sec. 13.
24u Ibid., sec. 31.
“‘1836 P. L. 755 sec. 78. In some counties these writs are filed with the rest of
tl2 Execution Papers.
“’ 1834 P. L. 537 sec. 78; 1536 P. L. 755 sec. 79. The prothonotary notes on this
docket the place of record of sheriff’s and coroner’s deeds which are certified to him
by the recorder of deeds as provided 1905 P. L. 265 sec. 5.
PROTHONOTARY 221
Index to Execution Dockets, 1834-.
Guide to the cases recorded in the Execution Dockets, showing names of
parties, court term and case number, and volume and page of recording.
Treasurer’s Deed Books, should date from erection of county.
These books contain recorded copies of treasurer’s deeds to property bought
at delinquent tax sales, showing date and number of deed ; court term and
case number ; names of treasurer, former owner, and purchaser ; amount of
tax delinquency; date of sale ; location and description of property ; date
of acknowledgment of deed ; date of redemption of property by former
owner if such contingency exists; and signature of treasurer.240
Treasurer’s Deeds, Index, should date from erection of county.
Index to the Treasurer’s Deed Books, showing names of purchaser and
former owner, address of property, and volume and page where recorded.2””
Sheriff’s Deed Book,251 should date from erection of county.
Contains recorded copies of sheriff’s deeds, showing court term and case
number ; names of parties, sheriff, and attorneys ; location and description
of property sold ; nature of writ in pursuance to which the sale was made ;
amount of debt for which the property. is being sold ; and report of sheriff
on sale.
Index to Sheriff’s Deeds, Grantor, should date from erection of
county.252
Guide to deeds recorded in Sheriff’s Deed Book, showing names of parties
and volume and page where recorded.
X49 It is interesting to compare this record with those usually found in the commis-
sioners’ office where there are records of treasurer’s sales of property to the com-
missioners. In the treasurer’s office will be found a record of the property sold for
delinquent taxes. Persons redeeming land sold for taxes give the treasurer’s receipt
for the redemption money to the prothonotary, who must enter the receipt in a book
kept for that purpose and mark on the margin of the-entry of the deed of such tract
of land the word “Redeemed,” noting the page of the book where the receipt is entered,
1840 P. L. 349 sec. 7.
Iw In some counties there will be one index for the purchasers and another for the
former owners.
=‘It will be found that treasurer’s and sheriff’s deeds are recorded together in
most counties.
W In Erie County the owners’ index was considered adsectum and the purchasers’
direct.
222 COUNTY GOVERNMENT
Index to Sheriff’s Deeds, Grantee, will coincide in date with that
of the Sheriff’s Deed Book.
Guide to place of record of sheriff’s deeds in Sheriff’s Deed Book, showing
names of parties, and volume and page where recorded.
Auditors’ Reports, Sheriff’s Sales, should date from erection of
county.
This is a volume in which is recorded the reports made by auditors in the
course of sales in execution proceedings, showing date of repor,t, court
term and number of case, names of parties, an itemized list of receipts and
expenditures, and certification made by auditor with his signature.
Surplus Bonds, .1804-.253
Original bonds filed by purchasers of real estate sold for taxes to assure
the payment of any balance still remaining due. These papers show date
of bond, names of parties, court term and case number, a description of
property, amount of sale, amount of surplus and signatures of purchaser
and surety.
Surplus Bond Docket, lS04-.254
Record of the bonds filed by purchasers of real estate sold for taxes to
assure the payment of any balance still remaining due and it is a brief
summary of the contents of the bond, showing name of obligor in alpha-
betical arrangement, court term and case number, amount of bond, date
bond was filed and recorded, and action taken in matter.
CONDITIONAL SALES
Conditional Sales, Papers, 1925-.256
These are usually file boxes of original conditional sales contracts, showing
names and signatures of vendor and vendee, terms of sales contract, a
description of article sold, proposed price, and file number of contract.
Conditional Sales, Docket, 1925-.256
Brief record of conditional sales contracts arranged to afford ready refer-
ence for possible bona fide purchasers, showing names and addresses of
6a 1804 P. L. 517, 4 Sm.L. 201 sec. 2; 1895 P. L. 47 sec. 1.
“* Ibid.
““‘Although not specifically required by statute until 1925 some counties have earlier
records of conditional sales. See acts of 1925 P. L. 603 No. 325 sets. 6, 7, 10; 19’27
P. L. 979 sec. 2; 1935 P. L. 658 sec. 1; 1939 P. L. 43 sec. 1.
“‘Ibid.
PROTHONOTARY 223
parties, file number of contract, amount and terms of sale, a description of
articles sold, and date of fulfillment or cancellation of contract.
Conditional Sales Index, 1925-.
Guide to the contracts recorded in the Conditional Sales Docket, showing
names of parties and volume and page where their contract is recorded
on the docket. In some counties there is one index for vendors and another
for vendees.
FICTITIOUS NAMES
Fictitious Names in Business, 1917-.257
This is a record, kept in file boxes, of original certificates filed by appli-
cants for the registration of a fictitious name under which they wish to
conduct their business, showing date, certificate number, names and ad-
dresses of individuals or firms applying for fictitious name, proposed name
which they wish to assume, location and character of business, and signa-
tures of par,ties and prothonotary.
Fictitious Names Docket, 1917-.2js
Record of the certificates granted to firms or individuals conducting busi-
ness under fictitious names, showing real name of parties, their assumed
name as a business entity, location and character of business, date certificate
was filed, date of dissolution of business if it has been dissolved, and signa-
ture of prothonotary.
Index to Fictitious Names, 1917-.
Index to the Fictitious Names Docket showing assumed name and a refer-
ence to volume and page where recorded in Fictitious Names Docket.
ELECTIONS
Election Papers, 1839-1937.
These papers were pertinent to the election duties of the prothonotary for
many years and consisted of petitions for the appointment of election over-
seers ; petitions for the opening of ballot boxes ; ‘CD nomination papers of
*” 1917 P. L. 645 sec. 1; 1921 P. L. 465 sec. 1.
2m 1917 P. I;. 645 sec. 1 ; 1921 P. L. 465 sec. 1. Upon dissolution of the business,
any of the members, or upon withdrawal from the business those members with-
drawing, may request the prothonotary, by a statement under oath (which would be
filed in the foregoing records), to cancel the certificate, or note the withdrawal on the
margin under the act of 1919 P. L. 54.2 sets. 1, 2.
8o 1927 P. L. 360 sec. 2 rep. 1937 P. L. 1333 sec. 1901.
224 COUNTY GOVERNMEEjT
general elections ; *‘O lists of voters, tally lists, and affidavits of the right
to vote ; *H duplicate returns of all votes given for judges of the Supreme
Court ; N* and election returns.263 These papers show names of candidates,
dates and kinds of elections held, results thereof, and date and kind of
paper filed.
Election Returns, 1839-19,37.
This is a record kept in a separate book of the returns of all elections,
showing date and kind of election, whether primary or general, names of
candidates or a statement of issues being voted upon, number of votes cast
on each matter, and signature of judge of election.
LICENSES AND REGISTRATION
Register of Law Students.
Record of all law students in the county who have .indicated their intention
to study law, showing date of filing of expressions of intention, name of
student, his address, name and address of attorney in whose office he in-
tends to serve his clerkship, name of school he will attend, names and ad-
dresses of his sponsors, and findings of county board of law examiners as
to his qualifications.
Admission Register of Attorneys, should date from erection of
county.264
This is a record of attorneys admitted to practice before the bar of the
county, showing name of attorney, date motion for admission was made,
by whom motion was made, and date admitted.
Admission of Attorneys.*06
Original papers filed by attorneys in the course of their admission to the
bar and consist of the petition to be permitted to be registered as a law
student, the affidavits of sponsors as to the character and qualifications of
280 1893 P. L. 419 sec. 3 ; 1897 P. L. 223 sec. 1; 1919 P. L. 855 sec. 1 rep. 1937 P. L.
1333 sec. 1901.
rffl 1874 P. L. 31 sec. 10; 1899 P. L. 254 sec. 1 rep. 1937 P. L. 1333 sec. 1901.
“‘1874 P. L. 54 sec. 5 rep. 1937 P. L. 1333 sec. 1901.
zm 1839 P. L. 519 sec. 84 rep. 1937 P. L. 1333 sec. 1901; 1839 P, L. 519 sec. 3 ; 1850
P. L. 654 sec. 2; 1874 P. L. 31 sec. 13; 1899 P. L. 127 sec. 1; 1909 P. L. 425 sec. 1;
1919 P. L. 458 sec. 2 ; 1923 P. L. 267 sec. 1; 1925 P. L. 103 sec. 1 rep. 1937 P. L. 1333
sec. 1901.
2m In some counties the dates of death or disbarment are included in this record.
*“These papers are often kept in the Appearance Docket Papers files.
PROTHONOTARY 225
the student, the certificates of the board of examiners indicating that he
has the necessary qualifications and has met the scholastic requirements,
and the original certificate of registration issued by the State Board of Law
Examiners. These papers show name of attorney admitted or denied ad-
mission, names of his sponsor and preceptor, contents and purpose of each
instrument filed, and signatures of board of law examiners and the court.
Certificates of Admission to the Supreme Court, 1909.-266
This record contains exemplifications of certificates of approval by the
county board of law examiners as well as of the certificates of admission
to the Supreme Court which have resulted from this approval. These cer-
tificates show name of attorney, date of his admission and certification,
date it was filed, and seal and signature of prothonotary of the Supreme
Chtlt-t.
Dental Register, 1921-.2sT
Record of dentists qualified to practice their profession within the county
showing name of dentist, his educational background and qualifications,
date and place of his birth, number and date of license granted to him by
the State, and signatures of dentist and prothonotary.
Medical Register, l@l-.
Record of phys,icians practicing within the county and showing name and
address of doctor, date and place of birth, schools attended, degrees at-
tained, and signatures of practitioner and prothonotary.
Optometry Certificates, 1917-.268
Original certificates which the legislature has required optometrists to file
with the prothonotary and which show name and address of optometrist,
date and place of his birth, his education and qualifications, and date of and
authority granting the certificate.
Optometry Register, 1917-.26D
Record of the certificates filed in the foregoing record, showing name and
address of optometrist, date his certificate was granted and filed, and
volume and page of recording in State Optometry Register.
m 1909 P. L. 475 sec. 1; 1919 P. L. 73 sec. 1; 1921 P. L. 151 sec. 1; 1923 P. L.
1069 sec. 1.
=a7 1921 P. L. 399.
** 1917 P. L. 21 sec. 6 ; 1925 P. L. 659 sec. 2; 1937 P. L. 795 sec. 6.
*@ 1917 P. L. 21 sec. 6; 1925 P. L. 659 sec. 2; 1937 P. L. 795 sec. 6.
226 COUNTY GOVERNMENT
Osteopathic Register, 1909-.2’o
Record of all osteopaths qualified to practice in the county who have ex-
hibited their certificates to the prothonotary. This register shows name
and address of osteopath, educational background and qualifications, date
license was granted, and place where the license is registered with Board
of Osteopathic Examiners.
Register of Midwives, 1913-1929.271
Certificates from the Bureau of Medical Education and Licensure granted
to midwives are recorded in this register which shows name and address
of midwife, date and number of certificate, and signatures of midwife and
pro,thonotary.
Veterinary Surgeon Register, N@--.272
Record of those individuals who are qualified to practice veterinary medi-
cine showing name of veterinarian, his address, his educational background
and qualifications, date and place of birth, date of his certificate granting
him the right to practice, and signatures of prothonotary and veterinarian.
Automobile and Motor Register, 1903-05.273
An act of 1903 required that owners of automobiles register with the pro-
thonotary the name and residence of owner or owners, name of manu-
facturer and manufacturer’s number of motor vehicle. The record con-
tains this information in addition to showing date of issuance of a certifi-
cate of registration which the prothonotary was then required to issue
to owner.
Stallion Register, 1907-.274
List of all jacks or stalhons listed for breeding purposes for which their
owners have procured licenses from the State Department of Agriculture,
“’ 1909 P. L. 46 sec. 9; 1911 P. L. 241 sec. I ; 1915 P. L. 687 sec. 1.
*” 1913 P. L. 441 sec. 1 rep. 1929 P. L. 160 sec. 7. This legislation requires that the
certificates themselves be filed with the prothonotary. It is the general practice of
the counties to include these certificates in the files with the Appearance Docket
Papers and to keep a separate register of these certificates.
‘cAlthough this registration was taken over by the State Board of Veterinary
Medical Examiners in the early part of the twentieth century some counties still keep
this record.
ZR 1903 P. L. 268 sec. 1 rep. 1905 P. L. 217 sec. 14. The act of 1905 gave over
the registry and licensing of motor vehicles to the State Highway Department.
=a 1907 P. L. 14 sec. 1 sup. 1911 P. L. 631 sec. 1; 1921 P. L. 200 sec. 1. 1; some
counties this record is combined with the Automobile Register.
<
PROTHONOTARY 227
and it shows name and address of owner, name of animal, and its license
number.
Soldiers’ Licenses, 1867-.275
Original petitions of veterans for peddlers’ licenses which show name of
veteran, dates of service and discharge, his military status and post, division
of service, and signatures of petitioner and prothonotary.
RECEIPTS FOR PAPERS
Receipts for Pamphlet Laws, 1893-.2Tg
The prothonotary is required to keep advance copies of the laws enacted
at each session of the General Assembly for public inspection and when
these copies are borrowed he takes a receipt for their return. This record
may be in the form of individual canceled receipts, in the form of receipt
stubs, or in the form of a book, but it shows, in any case, volume borrowed, -
name and address of borrower, and date when book was returned.
Receipt Books, dates vary greatly depending on the necessity for
this record as felt by the prothonotary.
A record of those papers removed from the prothonotary’s files and cus-
tody, by attorneys for temporary use, and it shows names of parties, court
term and case number, date taken, signature of borrower, and date re-
turned.
MISCELLANEOUS
Lien Docket of Unpatented Lands, 1864-.2T7
Record of tracts of patented and unpatented lands upon which there is
money due the Commonwealth and surveys have been returned which have
been forwarded by the Surveyor General to the prothonotary. This record
shows number and date of original grant ; name of warrantee ; quantities
applied for and retained and unpatented ; amount of purchase money due ;
-amount of interest ; amount paid ; total due ; to whom notices of de-
linquency have been served; location and description of tract of land in-
volved ; names of owners, agents, or occupants ; and date lien was dis-
charged or canceled.
m 1867 P. L. 50 sec. 1; 1891 P. L. 250 sec. 1; 1921 P. L. 895 sec. 1; 1935 P. L. 126
sec. 1; 1937 P. L. 1191 No. 305 sec. 1.
m 1893 P. L. 102 sec. 2 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 230.
m Gonst., art. IV, sec. 19; 1864 P. L. 914 sec. 1; 1868 P. L. 60 sec. 1; 1872 P. L. 51
sec. 3: 1874 P. L. 135 sec. 4; 1911 P. L. 106 sec. 2.
-~
228 COUNTY GOVERNMENT
Reports of County Law Library Committee, 1901.--2i’g
File record of annual reports made by the county law library committee
to the court of common pleas and approved by the court. It shows recom-
mendations made for the coming year together with an account of the . activity and expenditures of the county law library in the past year. It is
signed by the committee.
Papers of Non-Profit Corporations, 1917-.2io
Papers kept by the prothonotary to aid him in making reports as to these
associations to the Department of State and contain notices of changes
in the location of nonprofit corporations ; ‘go articles and certificates of in-
corporation,281 amendment,282 merger and consolidations.28s They show
name of nonprofit corporation, its address, its purposes, names of its in-
corporators and officers, date of its incorporation, merger, or consolidation,
‘and dates when its bylaws were amended.
Partnership Registration Papers, 1851-.284
This is a record of partnerships conducting business in Pennsylvania and
shows name of partnership, names and addresses of its members, and any
changes made as to membership or address.
Bolter and Baker Brand Marks, 1865-.286
Persons engaged in the manufacture of products to be sold in containers
on which their names or other private marks are branded or stamped may
file with the prothonotary of the county in which these products are manu-
*‘* 1901 P. L. 165 sec. 3. This will not be found in all counties in spite of the legis-
lative requirement as such a library has not been established in all counties. These
as well as the rest of the records listed in this section may be found in the Appearance
Docket Papers.
2io Prior to 1933 the duties of the prothonotary included the keeping of records per-
taining to business corporations and other corporate associations. The act of 1933
P. L. 289 rep. all of these duties, but it is possible that in some counties the records
formerly required by the prothonotary under the act of 18.56 P. L. 293 as am. 1925
P. L. 403 sec. 1 may still be found.
280 1917 P. L. 804 sec. 1. This notice must also be filed with the recorder of deeds.
s1 1933 P. L. 289 sec. 205.
“‘Ibid., sec. 705.
=Zbid., sec. 805.
28’1851 P. L. 612 sec. 13. In most counties these papers are filed in the Appearance
Docket Papers.
zB’ 1865 P. L. 58 sec. 1; 1903 P. L. 7.5 sec. 1.
I
PROTHONOTARY 229
factured or used, a description of these names or marks. This record
shows dates the marks were registered, a copy of the mark, and name of
the owner or owners of the business.
ACCOUNTS ‘So
Cost Docket, 1913-.2sT
This record contains a general account of all business conducted by the
prothonotary. It shows source of revenue and reason for expenditures
with amounts of each in a general summary manner.
Receipt Books, may date from the time of erection of county.
Consist of either duplicate copies or stubs of receipts for fees received
for services rendered by the prothonotary and show date and number of
receipt, name of payer, amount paid, service rendered, amounts due State
and/or county, and signature of prothonotary.
Monthly Reports to County Controller, 1895-.‘ss
Copies of reports made monthly to the controller, showing date of report,
a list of all fees received and amounts spent or still due to others, and
caption of case in which fees were received, its court term and number,
and totals.
Fee Book, 1868-.2s0
The prothonotary here keeps a record of all fees received for services per-
formed by him or anyone employed in his office. This is usually kept daily
and shows date, names of parties, court term and case number, nature of
suit, amounts due county and State, amounts disbursed, and periodic re-
capitulations of all amounts.
““The entries in these records are made chronologically as payments are made.
*” 1913 P. L. 188 sec. 1. This docket together with the costs collected by him and
not paid out to the parties entitled to them are turned over to his successor.
=These reports will be found only in those counties having a controller and al-
though usually made at the end of each month there is no specific requirement for a
report each month. The dates of this record vary greatly from one county to another.
“‘The dates of this record also vary greatly from county to county. See acts of
1868 P. L. 3 sec. 8; 1874 P. L. 125 sec. 1; 1901 P. L. 175 sec. 1; 1909 P. L. 77 sec. 1;
1921 P. L. 69 sec. 1. By the act of 1810, 5 Sm.L. 105 these accounts had to be for-
warded to the Auditor General. This act was rep. as to counties with a population of
150,000 or over 1876 P. L. 13 sec. 1 and as to counties of less than 150,000 population
1874 P. L. 125 sec. 1.
230 COUNTY GOVERNMENT
Attorney’s Accounts, 1890-.290
Brief record of moneys due the prothonotary from lawyers who have
established credit with the prothonotary for the payment of his fees, and
it shows name of attorney ; date service was rendered ; names of parties
with court term and case number ; amount due ; and date paid.
Extension Docket, 1850-.
Record of cases in which the payment of judgments has been extended
and shows court term and case number; names of judgment debtor,
creditor, assignee, or assignor ; dates of extensions ; and amount and date
of judgment, interest, costs, and payments.
Trial List Deposit Ledger.291
Account book of money paid into court, showing names of persons making
payment and parties involved, date and amount of payment, and its disposi-
tion by court order.
Record of Money Paid into Court in Actions of Replevin and At-
tachments, 1909-.292
Parties to actions in replevin and foreign and domestic attachment may
deposit money instead of bonds with the prothonotary and this is an ac-
count of money so deposited. It shows nature of action, names of parties,
court term and case number, amount of money receipted for and paid out,
commissions retained, and names of parties from whom received and to
whom paid.
*W These records will not be found in every county because not all counties extend
credit for the payment of fees in their clerical offices. Also these records will be
found to vary greatly in date depending on the individual prothonotary’s credit policies.
‘“‘This record is usually required by rule of court and this makes for a great deal
of difference in the mode and manner of its keeping in each county. An act of 1873
P. L. 331 sec. 4 provided that in cases where judgment has been entered and obtained
and the proceedings to open or annul the same are pending but not disposed of, the de-
fendant may pay into court the amount of the judgment.
xm 1909 P. L. 115 sec. 2.
VII
CLERK OF THE COURT OF QUARTER SESSIONS
AND OYERAND TERMINER
Evolution and Structural Organization. The clerk of the court of quarter
sessions and oyer and terminer, commonly known as the clerk of courts,
has existed in Pennsylvania from the time of the first organization of an
English government on the banks of the Delaware. There are a number of
references to the “Clerk of the Court of Sessions” in the Duke of York’s
Book of Laws. This officer performed duties similar to those of later
clerks of courts, such as recording bond servants,l entering actions for
trial, entering depositions, petitions, and orders of the court,2 granting
tavern licenses,3 ordering the sheriff to summon jurors, and certifying the
number of days served by jurors ; 4 and in addition he was obliged to
record judgments, executions, and attachments,5 duties now assigned to the
prothonotary, and to record deeds 5 and the surveys of town plots,’ duties
now performed by the recorder of deeds. His power to enter wills or
administrations 8 soon was given to the register of wills.
With the advent of William Penn the clerk’s duties began to be more
nearly like those of his successor. He still, however, recorded “bargains
and sales of houses and lands.” Despite the many references to this officer,
there are no indications of the manner in which he was chosen nor of the
length of his term of office before 1701. The Charter of Privileges fdr
.1701 provided that the justices of each county were to nominate three
persons from whom the Governor selected a “clerk of the peace.” a The
Constitution of 1790 vested his appointment in the Governor alone.“’
‘Duke of York’s Book of Laws, 1676, in Charter to William Pew, p. 12.
‘Ibid., p. 26.
a Ibid., pp. 26, 30.
‘Ibid., pp. 69, 70.
‘Ibid., p. 26.
‘Ibid., p. 13.
‘Laws of the Assembly, 1683, in Charter to Williant Penrz, p. 149.
a Ibid.
I
‘Charter of Privileges, 1701, art. III, in Federal and State Constitutious, V, 3076-
3081; 1710, II St. at L. 301 sec. 26.
I I0 Const. of 1790, art. II, sec. 8.
I 231
232 COUNTY GOVERNMENT
Since 1838 the clerk of courts has been an elective officer, first with a
S-year term, but since 1909 with a tenure of 4 years.ll
In the colonial period the prothonotary generally acted as clerk of all
the courts and sometimes he was appointed deputy register and recorder
of deeds as well. But when the duties of the five recording officers were
divided between two or more men, the clerk of courts was more likely to
be combined with the prothonotary and clerk of orphans’ court than with
the register or recorder. The Constitution of 1838 stipulated that the
legislature prescribe the division of these offices among the officials in each
county.lZ This was done by a law of the following year in which the ar-
rangement of the clerical officers in the individual counties was set forth.13
These provisions are still in effect in counties not affected by more recent
legislation.‘4 In the General County Law of 1929 there is a suggested
arrangement of officers, which may be adopted in any county by action of
the court of common pleas. According to this law the clerk of courts is a
separate officer in third and fourth-class counties. In fifth, sixth, and
seventh-class counties the prothonotary may also serve as clerk of courts
and in eighth-class counties the five clerical offices may be held by one
man.16
Like all county officers the clerk of courts must be an American citizen
and a resident of the county for at least a year before assuming office.16
During his continuance in office he is ineligible to hold the office of county
treasurer I7 or justice of the peace I8 and he may not practice as an at-
torney in the courts of quarter sessions and oyer and terminer.lg His in-
eligibility for the of&e of county controller extends for 2 years after the
expiration of his term as clerk. 2o He is exempt from mi,litary service,*l
I1 Const. of 1838, art. VI, sec. 3 ; Const., art. XIV, sec. 2 as am. 1909.
*‘Const. of 1838, art. VI, sec. 3.
la 1839 P. L. 559 sec. I.
‘“1893 P. L. 462 NO. 331; 1901 P. L. 559 am. 1923 P. L. 155 rep. 1929 P. L. 1278
sec. 1051 but reen. in sec. 222;,1911 P. L. 538; 1921 P. L. 553.
I6 1929 P. L. 1278 sec. 221 am. 1933 P. L. 950 No. 186.
I6 Const., art. XIV, sec. 3.
I’1841 P. L. 400 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 142.
I8 1874 P. L. 186 sec. 4; 1929 P. L. 1278 sec. 223.
Is 1834 P. L. 333 sec. 75; 1929 P. L. 1278 sec. 223.
m 1895 P. L. 403 NO. 288 sec. 2 rep. 1929 P. L. 1278 sec. 10.51 but reen. in sec. 132.
” 1887 P. L. 23 sec. 110 sup. 1899 P. L. 266 sec. 2.
CLERK OF COURTS 233
and may not hold office under the government of the United States while
he is clerk of courts.22
Vacancies in this office are filled by the Governor to hold office until a
successor is chosen in the first municipal election which takes place 2 or
more months after the occurrence of the vacancy.*” Before assuming office
the clerk must take an oath 24 and post a bond.26
The clerk of courts does not receive a salary in seventh and eighth-class
counties. Instead he retains the fees which he receives for his services as
clerk of quarter sessions 2G and as clerk of oyer and terminer.27 After the
total amount of fees collected in any year reaches $4,000, he must turn
over half the excess to the State. 28 In the other counties the clerk is paid
a salary. In third 28 and fourth-30class counties he receives $4,000 a year.
His annual compensation in fifth-class counties is $3,000, but if he holds
one or more additional offices it is increased to $4,000.31 The salary of
the clerk of courts of a sixth-class county is fixed at $2,500 a year and
that of clerk of the court of oyer and terminer is $1,000, but if one man
holds two offices he receives only $500 more than the compensation set for
the highest paying office of the two. If he holds another office he gets a
second additional $500.32
Since 1874 the clerk of courts has been required to appoint deputies, one
z1812, 5 Sm.L. 309 sec. 1 sup. 1874 P. L. 186 sets. 8-12 rep. 1929 P. L. 1278 sec.
1051 but sup. by sec. 52.
23 1929 P. L. 1278 sec. 60 am. 1931 P. L. 401 sec. 1.
24Co~st. art. VII, sec. 1; 1705-6, II St. at L. 267 sec. 2; 1834 P. L. 333 sec. 76;
1929 P. L. 1278 sec. 53.
ps The Frame of the Government, October 26, 1696, in C?zavter to Will&z Penn,
p. 250 sec. 8; 1830 P. L. 169 sec. 9 ; 1830 P. L. 272 sec. 9; 1834 P. L. 333 sec. 76 ;
1929 P. L. 1278 sec. 225.
‘“1821 P L. 50 sets. 5, 9 sup. 1868 P. L. 570 sec. 1.
” 1868 P. L. 3 sec. 5 did not apply to Montgomery, Beaver, Washington, and Lan-
caster counties, but was extended to Montgomery by 1873 P. L. 641 and to Lancaster
by 1899 P. L. 246.
28 1868 P. L. 3 sec. 8 par. 7 am. 1901 P. L. ,175 sec. 1 sup. for counties of more than
150,000 population by 1876 P. L. 13 sec. 2; 1874 P. L. 125 sec. 1 am. 1909 P. L. 77
further am. 1921 P. L. 69 further am. 1937 P. L. 2786; Conzm. v. Conway, 12 Pa.
C. C. 630; 2 Dist. 429 (1893).
29 1876 P. L. 13 sec. 13 am. 1881 P. L. 21 further am, 1887 P. L. 301 further am.
1901 P. L. 641.
So 1876 P. L. 13 sec. 14 am. 1895 P. L. 424.
xl 1923 P. L. 1054 sec. 11 am. 1925 P. L. 380.
*‘1923 P. L. 944 No. 375 sec. 1 am. 1931 P. L. 560.
234 COUNTY GOVERNMENT
of whom is designated as first deputy. They are authorized to perform
any of the clerk’s duties. The first deputy is permitted to take over the
duties of his principal whenever the latter is absent. When the office of clerk
of courts is vacant, the principal deputy acts as clerk until a successor
is appointed and qualified. In such cases, however, he must post a bond
which is satisfactory to the court of common pleas.s3 The clerk of courts
also appoints special clerks and deputies -whenever the pressure of business
makes it advisable.34 The compensation of each deputy is determined by
the salary board, or by the clerk himself if there is no salary board.“”
Powers and Duties. The highly varied duties of this officer may be
divided into two main groups. Primarily he is clerk of the criminal courts,
but he must also perform duties relative to the miscellaneous civil jurisdic-
tion vested in the court of quarter sessions.
The clerk has custody of the records and seal of the court and performs
all duties appertaining to his office under the direction of the court.“”
He signs and affixes the seal of the court to all writs and processes of
the court and to all exemplifications of them.37 When the judges cannot
attend court it is adjourned from day to day by the clerk.3”
The clerk issues writs commanding the impaneling and summoning of
jurors. 3g After jurors have served he certifies to the county commission-
ers the number of days served by each one.‘O In trials without a jury the
written decisions of the court are filed with the clerk, who notifies all
parties.41 When an array of jurors is quashed the clerk certifies its record
to the court of common pleas, which enters it on its own records.12
Except in cases where the defendant is charged with treason or homi-
cide, the clerk is authorized to take bail and approve bail bonds when
the judges are unable to attend to these duties.43 The clerk of courts ac-
“1874 P. L. 43 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 59 am. 1931 P. L.
401 sec. 1 and in 1929 P. L. 1278 sec. 224 am. 1931 P. L. 401 sec. 1 further am. 1933
P. L. 952; Conzm. v. Gray, 28 Pa. C. C. 319 (1903).
” 1875 P. L. 25 sec. 2.
u 1929 P. L. 1278 sec. 224 am. 1931 P. L. 401 sec. 1 further am. 1933 P. L. 9.52.
” 1834 P. L. 333 sec. 45.
“Ibid., sec. 77.
sJ Ibid., sec. 64.
” Ibid., sec. 108; 1867 P. L. 62 sec. 5.
” 1834 P. L. 333 sec. 120.
” 1874 P. L. 109 sec. 2 am. 1935 P. L. 640.
” 1874 P. L. 46 sec. 5.
ra 1877 P. L. 3 sec. 1.
CLERK OF COURTS 235
cepts bonds filed in appeals 44 and prepares and forwards to the appellate
court a record of all appeals taken. 45 He has the power to administer oaths
in conducting the business of his office.4s
Before February first of each year the clerk of courts sends to the State
Department of Welfare a full statement of the criminal business of the
court for the preceding calendar year, giving specific detailed information
required by law. 47 He must send to the Department of Revenue a certi-
’ fied record of all convictions and all fines imposed under the Motor Vehicle
Code.48 When a case tried in the county results in a death sentence the clerk
sends to the Governor a complete transcript of the record of the tria1.4Q
The clerk of courts is obliged to make various reports to the officers in
charge of certain penal institutions. Once a month he forwards to the
wardens of the State penitentiaries a list of all convicts committed on the
indeterminate plan.60 He is required to furnish a record of the trial to the
officer in charge of a criminal sentenced to the Pennsylvania Industrial
School at Huntingdon. 61 He must notify the Superintendent of the State
Industrial Home for Women at Muncy of persons sentenced to the Home
and furnish a record of the cases to the agents sent for the prisoners.52
The county is authorized to pay rewards for the apprehension of horse
thieves. When one is captured the clerk of courts notifies the county com-
missioners of that fact.53
In connection with the civil jurisdiction of the court, the clerk has the
power to take acknowledgments of deeds.54 He certifies to the Department
of Highways and the Secretary of Internal Affairs the establishment of a
a 1897 P. L. 67 sec. 5.
a Ibid., sec. 1.
‘81834 P. L. 333 sec. 77; 1859 P. L. 194 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but
reen. in sec. 226.
l 7l847 P. L. 172 sec. 2 provided that this report be sent to the Secretary of the
Commonwealth; 1872 P. L. 4’2 sec. 1 stipulated that it be sent to the Board of Public
Charities which was later supplanted by the Department of Welfare.
“1929 P. L. 905 sec. 614 am. 1931 P. L. 751 sec. 2 further am. 1935 P. L. 331.
” 1860 P. L. 382 sec. 75 am. 1925 P. L. 759 ; 1913 P. L. 528 sec. 2.
M, 1909 P. L. 495 sec. 7; 1911 P. L. 1055 sec. 7 partially sup. 1913 P. L. 532 sec. 1
and am. 1939 P. L. 114.
m1887 P. L. 63 sec. 8. This school is now at White Hill.
6a 1913 P. L. 1311 sec. 18.
w 18’21 P. L. 90 sec. 2.
“‘1775, 1 Sm. L. 422 sec. 1 am. 1893 P. L. 108 sec. 1.
236 COUNTY GOVERNMENT
new township 55 or borough 5o and certifies to the Superintendent of Public
Instruction the creation of a new school district.57 The clerk transmits to
the Secretary of Internal Affairs certified copies of the reports of commis-
sions appointed to alter any county line. 58 He certifies to the Department
of Highways every report of road viewers and the action of the court
upon it.‘jO The clerk grants licenses to hawkers and peddlers of clocks and
tinware.so At the close of each court term he transmits to the Auditor
General a list of persons to whom peddlers’ licenses have been granted by e
the court of quarter sessions.B1
It is the duty of this officer to make monthly returns and pay into the
State Treasury through the Department of Revenue all money received
for the use of the Commonwealth. Bz All fines and recognizances forfeited
for the use of the State are sent by the clerk to the Department of Revenue
for suits8
Records. The records of the clerk of courts are sometimes the result
of specific statutory requirement; in other cases their keeping is implied in
connection with the performance of specified duties. Still other records
result from the requirements of rules adopted by the court of a particular
county. The clerk keeps all papers filed in the criminal and civil proceed-
ings of the court of quarter sessions and oyer and terminer.E4
MINUTES
Minute Book. Title varies : Records ; Court Scratcher; Judge’s
Docket ; Docket.
This is a record of the proceedings in the courts of quarter sessions and
oyer and terminer. The information shown includes court term and case
” 1925 P. L. 359 No. 211 rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but
reen. in sec. 235, rep. as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in
sec. 240.
” 1925 P. L. 359 No. 211 rep. as to boros. 1927 P. L. 519 sec. 3301 but reen. in
sec. 210.
61 1911 P. L. 309 sec. 116 am. 1915 P. L. 627 sec. 4 further am. 1921 P. L. 1032
sec. 2 further am. 1929 P. L. 642 sec. 2 further am. 1931 P. L. 243 sec. 1.
a 1876 P. L. 143 sec. 4.
69 1909 P. L. 142 sec. 2 am. 1923 P. L. 498 sec. 201 further am. 1927 P. L. 137.
“1830 P. L. 39 sec. 2.
‘IIbid.; 1830 P. L. 147 sec. 1.
“1893 P. L. 125 sec. 1; 1929 P. L. 343 sec. 901 am. 1931 P. L. 318.
“1783, 2 Sm.L. 84 sec. 5; 1811, 5 Sm.L. 228 sec. 24; 1818 P. L. 273 sec. 2; 1935
P. L. 1002 No. 319.
* 1834 P. L. 333 sec. 45.
.
CLERK OF COURTS 237
number; date and time court was convened and adjourned ; names of
parties, attorneys, jurors, and judge; character and disposition of cases;
and date of next court session.65
Circuit Court Minutes, first half of the nineteenth century.‘”
The minutes of the old circuit courts are contained in this book which shows
the court term and case number; names of parties, attorneys, jurors, and
judge ; and the character and disposition of cases.”
RECORDS OF APPOINTMENTS
Deputy Constables’ Appointments, 1830--.6S
In this record are filed all appointments of deputy constables, showing the
civil division, name of appointee, and date of appointnlent.“s
Petitions for Appointments.7o
The court of quarter sessions is empowered to fill vacancies in various
borough u and township ‘iz offices. Petitions to fill these of&es are filed with
the clerk.
OATHS AND BONDS
OlScials’ Oaths.
This record contains the oaths of county commissioners (from 1834 until
1874);” county auditors (from 1834 until 1574),74 the commissioners’
“‘There is no law requiring that minutes be kept, but they are mentioned indirectly
in 1887 P. L. 14 sec. 2 rep. 1927 P. L. 841 NO. 311; Comm. v. Robinson et al., 317 Pa.
321 (1935).
lie The dates when the circuit courts were in existence varied in the individual
counties.
“‘This was not a required record and is very infrequently found.
88 These papers are often found with the general papers of this office.
m 1830 P. L. 36 sec. 1 rep. 1834 P. L. 537 sec. 114.
“In many cases these petitions are filed with the general civil papers of the court
of quarter sessions.
‘I 1895 P. L. 433 rep. 1915 P. L. 312 ch. XIII, art. I sec. 1 (a) but reen. in art. I
sets. l-3 rep. 1927 P.L. 519 sec. 3301 but reen. in sec. 902.
‘* 1909 P. L. 245 rep. as to twp. tax collection 1917 P. L. 840 sec. 1500 but reen. in
sec. 183, for second-class twps. rep. 1933 P. L. 103 sec. 2101; 1917 P. L. 840 sets. 130,
132’(officers of first-class twps.) rep. 1931 P. L. 1206 sec. 3501 but reen. in sets. 530,
531; 1917 P. L. 840 sets. 180, 181 (officers of second-class twps.) rep. 1933 P. L. 103
sec. 2101 but reen. in sets. 420, 421.
” 1834 P. L. 537 sec. 17 sup. Const., art. VII, sec. 1 and rep. 1929 P. L. 1278 sec.
1051.
” 1834 P. L. 537 sec. 45 sup. Const., art. VII, sec. 1 and rep. 1929 P. L. 1278 sec.
1051.
238 COUNT+ GOVERNMENT
clerk (1891 to 1929),75 local supervisors and assessors (from the colonial
period) ,76 and fire wardens (1903 to 1923) .”
Deputy Surveyors’ Bonds, 1761850.‘*
Bonds filed by former deputy surveyors.T9
Constables’ Bonds, 1824-. /
Bonds filed by constables before they ma’y;ke office, showing name of
constable, surety, and witnesses ; date and amount of bond ; affidavit ; and
official seals and signatures.80
Tax Collectors’ Oaths and Bonds, 1885-.81
Oaths and bonds of borough and tdwnship tax collectors are filed here.
The information contained iS as follows: names of tax collector, civil di-
vision, and sureties ; date, amount, and conditions of obligation of bond ;
dates of approval and filing ; and official seals and signatures.*’
Court Bonds. Title varies : Recognizance ; Miscellaneous Bonds.
These are the bonds filed to insure the appearance of defendants. They
show the court term and case number; names of principal and sureties;
date, amount, and conditions of obligation of bond; and official seals and
signatures.83
Record of Court Bonds. Title varies: Recognizance.
Record of bonds posted by defendants to insure their appearance. The in-
formation given is similar to that in the bonds themselves.84
” 1891 P. L. 22 No. 16 sup. 1899 P. L. 56 sec. 3 and rep. 1929 P. L. 1278 sees.
1951, 1052.
” 1744, 1 Sm.L. 413 sec. 9.
R 1903 P. L. 24 No. 29 sec. I rep. 1923 P. L. 98 sec. 2901.
“These bonds are seldom filed separately, but may be included with other records.
“1785, 2 Sm.L. 317 sec. 11; 1850 P. L. 434 abolished the office of deputy surveyor.
“1824 P. L. 171 sec. 3 sup.- 1834 P. L. 537 sec. 112.
8x In some counties, earlier records have been kept.
83 1885 P. L. 187 sec. 3 am. 1909 P. L. 474 rep. as to twp. taxes 1917 P. L. 840
sec. 1500 but reen. for second-class twps. in sec. 366 but rep. 1933 P. L. 103 sec. -2101
and reen. in sec. 571 am. 193.5 P. L. 1205 further am. 1939 P. L. 224; 1885 P. L. 187
sec. 3 am. 1909 P. L. 474 rep. as to boros. 1927 P. L. 519 sec. 3301 but reen. in sec.
1081.
811 These bonds are not filed separately in every county, but are often kept with the
general quarter sessions papers.
a1 This is not a required record, and is not kept in every county.
CLERK OF COURTS 239
Commission Book.
Record of commissions granted,s5 showing name of person commissioned,
his term, date of commission, and volume and page where it is recorded in
the commission book.86
TRIAL AND ARGUMENT LISTS 87
Trial Lists. Title varies: Clerk of Courts Docket; Criminal Trial
Docket.
A calendar of cases listed for trial in quarter sessions court, showing the
court term and case number; names of defendant, prosecutor, and at-
torney ; list of jurors; and character of case.
Argument Lists. Title varies: Watch Book; Quarter Sessions
Argument Docket.
A record of cases listed for. argument, showing the names of defendant
and his attorney, court term and case number, and cause.
PAPERS AND DOCKETS : CRIMINAL PROCEEDINGS
Quarter Sessions Papers (Criminal), dates from the establish-
ment of the county. Title varies : Indictments ; Sessions.
Files of all papers filed in criminal proceedings before the court of quarter
sessions such as trial lists, grand jury reports, petitions, warrants, praecipes,
notices to defendants,“motions, indictments, bonds, subpoenas, bills of costs,
testimony, orders, verdicts, appeals, court rules and orders, releases from
probation, orders for parole, and disposition. The papers show the court
term and case number; names of parties, attorneys, and judge ; date, type,
and character of paper; and official seals and signaturks.8R
Oyer and Terminer Papers, dates from establishment of county.
This record corresponds to Quarter Sessions Papers (Criminal), and con-
tains all the papers filed in proceedings before the court of oyer and
terminer.so
“’ One of the records of the recorder of deeds.
‘” This is a very infrequently kept record.
“In some counties the rules of the court of quarter sessions require that these lists
be kept by the clerk of courts. In other counties the clerk keeps them as a matter
of convenience.
a 1834 I?. L. 333 sec. 45.
‘a Filed separately from Quarter Sessions Papers in a few counties.
240 COUNTY GOVERNMENT
Papers for Pending Cases, recent dates. Title varies: District At-
torney.
In this file are papers similar to those in Quarter Sessions Papers (Crim-
inal) and Oyer and Terminer Papers. They are kept as a separate file be-
cause #they relate to cases not yet disposed of.”
Court Stenographer’s Notebooks, 1907-.“’
Original stenographic records of proceedings in the court of quarter ses-
sions and oyer and terminer written in shorthand.92
Notes of Testimony, 1907-.83 Title varies: Testimony Taken;
Stenographer Notes.
Transcribed notes of testimony taken in court proceedings. The following
information is given : court term and case number, names of defendant and
witnesses, date and place of hearing, a verbatim record of the testimony,
and court stenographer’s signature.84 .
Probation Officers’ Reports. Title varies : Parole Office ; Adult
Prob. Docket.@
These reports vary greatly from county to county since the court of quarter
sessions itself stipulates what sort of reports are to be made to it. They
include financial reports, record of. adults placed on probation, and any
other type of information requested by the court.Qe
Quarter Sessions Docket (Criminal), dates fr”om the establishment
of the county. Title varies: Sessions Docket ; Court Docket.
This is a record of all cases heard in the court of quarter sessions. The
facts shown include : the court term and case number ; names of defendant,
attorneys, witnesses, prosecutors, jurors, and judge; date of trial; character
of case ; plea; verdict ; disposition ; and costs.87
Lx) Often filed separately for the sake of convenience.
“In a few counties records dating prior to 1907 may be found. These notebooks
are not present in every county.
“* 1907 P. L. 135 sets. 3, 5, 9.
W Earlier records are often found. This record is often kept with Quarter Sessions
Papers.
%1907 P. L. 135 sets. 3, 5, 9.
“’ These reports are often found in Quarter Sessions Papers (Criminal).
W These reports are not found in every county. 1909 P. L. 495 sec. 4; 1911 P. L.
1055 sec. 3 am. 1919 P. L. 569.
“This is always kept as a matter of custom.
. .
CLERK OF COURTS 241
Oyer and Terminer Docket, dates from the establishment of the
county.
This is a record of cases tried in the court of oyer and terminer. The in-
formation contained is similar to that in Quarter Sessions Docket
(Criminal) .v*
Constables’ and Justices’ Returns. Title varies : Transcripts ; In-
formation and Sessions Dockets.
The constables’ returns of law violations and the record of cases held be-
fore justices of the peace and sent on to quarter sessions court make up this
record. The information shown includes: court term and case number;
names of defendant, prosecutor, witnesses, and justice of the peace or
constable; an itemized list of costs; and an account of the disposition of
the case.vv
Transferred Prisoners, 1923-.
The clerk keeps a record of all prisoners convicted in the county who were
transferred to other institutions. It shows the prisoner’s name, institution
to which he was originally sentenced, institution to which transferred, and
date when transferred.loO
Execution Certificates, 1913-. Title varies : Execution Docket.
After the execution of a criminal takes place, the warden of the Western
Penitentiary certifies that fact to the clerk of courts of the county in which
the criminal was convicted. The clerk thereupon files the certificate.“‘l
Attorneys’for Destitute Murder Defendants, 1907-.
When a person charged with murder is destitute, he files an affidavit to
that effect with the clerk of courts. The court thereupon appoints an
attorney to serve as his counsel. The affidavits and the attorney’s expense
accounts are fifed with the clerk.*02
“In some of the counties the Oyer and Terminer Docket is kept separately from
Quarter Sessions Docket (Criminal), but in other counties both dockets are combined.
” This may be found in Quarter Sessions Papers (Criminal).
lw 1923 P. L. 1044 sec. 5. This may be found in Quarter Sessions Papers (Criminal)
or Oyer and Terminer Papers.
lo1 1913 P. L. 528 sec. 6. These papers may be found in Quarter Sessions Papers
(Criminal) or in Oyer and Terminer Papers.
lM 1907 P. L. 31 No. 27. These papers may be found in Quarter Sessions Papers
(Criminal) or in Oyer and Terminer Papers.
242 COUNTY GOVERNMENT
Firewarden’s Reports, 1897-.lo3
These are reports of violations sent to the clerk of courts by fire wardens.lo4
Desertion and Non-support Papers, 1867-. Title varies : Desertion
Court.
Papers filed in desertion and nonsupport cases are sometimes filed sepa-
rately. The information contained includes. * court term and case number,
names of parties and attorneys, date and character of paper, and disposi-
tion of case.lo6
Confiscated Automobiles, 1923-33. Title varies : Petitions on Auto-
mobiles.
Petitions and court orders to condemn and sell automobiles seized for
liquor law violations are found here, These papers show the name and
address of the owner, serial number and make of car, type of violation,
date of sale, proof of publication, and volume and page where the case
is entered in the Quarter Sessions Docket (Criminal).10s
Appealed Cases. Title varies : Superior Court ; Superior Court
Papers.
These are papers which were filed in individual criminal cases appealed
to higher courts. The information contained includes : court term and
case number; names of parties, attorneys, and judge; character of case;
its disposition in the lower court ; dates when it was appealed and returned ;
orders of the higher court; and official seals and signatures.lo7
PAPERS AND DOCKETS: CIVIL PROCEEDINGS
Quarter Sessions Papers (Civil), dates from. the establishment of
the county. Title varies : Miscellaneous Quarqr Sessions ; Miscel-
laneous Files ; Sessions C.D. (Civil Docket).
This file contains the papers filed in civil proceedings before the court of
~
laThese records are probably no longer kept.
‘“1897 P. L. 9 sec. 3. These papers are often found in Quarter Sessions Docket
(Criminal).
“‘1867 P. L. 78. These papers are ,not always filed separately, and when they are
they do not always exist for the entire period since 1867.
lo8 1923 P. L. 34 sec. 9 rep. 1933-34 (Sp. Sess.) P. L. 15 sec. 802. These papers
are usually found in Quarter Sessions Files (Criminal).
. lo’ These papers may be found in Quarter Sessions Papers (Criminal) or in Oyer
and Terminer Papers.
CLERK OF COURTS, 243
quarter sessions. The facts found in the papers include: court term and
case number; names of parties, witnesses, and attorneys ; character of in-
strument ; cause for action ; decree of court ; date filed ; and official seals
and signatures.108
Quarter Sessions Docket (Civil), dates from’ the establishment of
the county. Title varies: Miscellaneous Quarter Sessions Docket ;
Quarter Sessions Civil Docket.
A record of all civil proceedings in the court of quarter sessions, showipg
court term and case number, names of parties, character of paper, date
filed, and decree of court.108
PAPERS AND DOCKETS : JUVENILE
‘J uvenile Court Papers, 1901-. Title varies: Juvenile Court;
Juvenile ; Sessions, Juvenile ; Juvenile Court Cases.
The papers filed in juvenile court cases are .found here. They include
petitions, warrants, orders, commitments,*10 agreements by parents or
guardians to pay a weekly amount for support, receipts for the board of
children, and court orders and subpcenas. The latter show the court term
and case number; names of child, parents or guardians, complainant, and
attorney; charges; and disposition of case.“’
Juvenile Court Docket, 1901-.‘12
This is a record of all cases tried before the juvenile court. It shows the
court term and case number; names of defendant; prosecutor, and judge;
date and type of paper filed ; summary of case ; criminal record of child ;
and disposition of case.l13
lo8 1834 P. L. 333 sec. 45. All counties do not file papers from civil proceedings
separately from those r ceived in criminal proceedings. Therefore, in some counties k
there is only one file of capers, usually titled Quarter Sessions Papers. Other counties
have had separate files during one period of their existence and have filed all papers
together at other times.
‘U8A separate civil docket is not always kept, even in counties with a separate file
of papers relating to civil proceedings.
‘lo 1903 P. L. 66 sec. 1, rep. 1933 P. L. 1433 sec. 28 but reen. as am. in sec. 8.
11’ Papers filed in juvenile cases prior to 1901 are found with the general Quarter
Sessions Papers.
‘“The law of 1901 stipulated that this record be entitled Juvenile Record, 1901
P. L. 279 sec. 3 rep. 1903 P. L. 274 sec. 12.
‘lJ 1901 P. L. 279 sec. 3 rep. 1903 P. L. 274 sec. 12 but reen. as am. in sec. 1 rep.
1933 P. L. 1433 sec. 28 but reen. in sets. 1, 3. Prior records of juvenile cases are
found in Quarter Sessions Docket, Criminal.
244 COUNTY GOVERNMENT
Juvenile Probation Officers’ Reports, 1903--.ll* Title varies :
Juvenile Docket Prob. Officer.
These papers vary greatly from county to county, and often do not exist
at all, for the juvenile probation officers have to make only such reports
as the court of quarter sessions stipulates.116
,,
ROAD AND BRIDGE PAPERS
Road and Bridge Papers, dates from the origin of the county. Title
varies : Road Records ; Sessions R. D. (Road Docket) .I18
The clerk of courts is obliged to file old papers pertaining to proceedings
in the construction and repair of roads and bridges. These papers include
petitions to open, vacate, or improve roads and bridges, and the resultant
reports of viewers with plots and drafts of the proposed work and the final
decision of the court.l17 Although the commissioners of first-class town-
ships have a number of powers relating to roads and bridges,which the court
or the county commissioners possess for second-class townships, viewers’
reports, maps, and drafts from first-class townships are still filed with the
clerk.ll* These papers show the court term and case number, the names
of interested parties, location and description of road, character of paper,
and official seals and signatures. These papers also include local road super-
visors’ reports lza and certification of their election.1*o
Bridge Papers, dates from the establishment of the county.
In a few counties records which pertain to the construction and repair
of bridges have been filed separately from those relating to roads.1Z1
‘14The dates of these records vary greatly, but none will be found prior to 1903.
‘lb 1901 P. L. 279 sec. 6 rep. 1903 P. L. 274 sec. 12 but reen. in sec. 3 am. 1909 P. L.
89 sec. 1 rep. 1933 P. L. 1433 sec. 28 but reen. in sec. 17.
“‘1700, 1 Dall. 16.
“‘1700, II St. at L. 68 rep. 1902 P. L. 178 sec. 25 but reen. as am. in sets. l-24 rep.
1836 P. L. 551 sec. 82 but reen. as am. in sets. l-81 ; 1895 P. L. 336 am. 1905 P. L.
290 further am. 1909 P. L. 527 sup. 1911 P. L. 244 sets. l-17, 19 am. 1919 P. L. 918
rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 751, 871, 893; 1907 P. L. 167 sec. 1
rep. as to boros. 1915 P. L. 312 ch. XIII art. I sec. 1; 1929 P. L. 1278 sec. 752 am.
1931 P. L. 401 sec. 1.
118 1901 P. L. 510 sec. 1 am. 1917 P. L. 104 rep. 1917 P. L. 840 sec. 1500 but reen.
as am. in sets. 495498, 506, 507 rep. 1931 P. L. 1206 sec. 3501 but reen. as am. in
sets. 2005-2008, 2031.
“‘1761, 1 Sm.L. 231 sec. 4.
lrn 1802 P. L. 178 sec. 2 rep. 1836 P. L. 551 sec. 82.
ln In the counties where Bridge Papers have been filed separately, they have not
always been filed separately for the whole period of the county’s existence.
CLERK OF COURTS 245
IPetitions to Acquire Toll Bridges, 1909-.
These are petitions requesting the county to purchase toll bridges and
operate them as free county bridges.‘**
Road and Bridge Docket, dates from the establishment of the
county.
This is a record of all road and bridge proceedings before the court of
quarter sessions, including petitions for roads, appointments of viewers,
reports of viewers, exceptions filed, grants, and plans. The information
shown includes the court term and case number ; location and description of
road or bridge; names of viewers, parties, and judge; and disposition of
case. It is arranged chronologically according to the court term.lsS
Index to Road and Bridge Docket, dates from the establishment of
the county.
This index to the Road and Bridge Docket shows the names of the town-
ship, the court term and case number, a description of each petition filed,
and the volume and page where it is recorded on the docket.l?*
\, Notes of Testimony. Title varies : Depositions.
The notes of testimony taken from witnesses in road cases are here filed.
This shows the court term and case number; names of parties, witnesses,
1 and attorneys ; date and place where testimony was taken ; nature of testi-
mony; and official seals and signatures.‘25
RECORDS PERTAINING TO CIVIL DIVISIONS
Municipalities. Title varies : Incorporation of Boroughs ; Division
of Townships and Boroughs ; Miscellaneous Files, Indebtedness of
Boroughs and Townships ; Special Township and Borough Elec-
tionzzG
The court of quarter sessions has certain supervision over boroughs, town-
‘I’ 1909 P. L. 73 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 811. These petitions are
usually found in Road and Bridge Papers and may even be found in Quarter Ses-
sions Papers (Civil).
‘= 1700, 1 Dall. 16. In many counties, in&din g some of those which file road and
bridge papers sepaiately, a separate Road and Bridge Docket is not kept. The
Quarter Sessions Docket (Civil) then contains these papers.
“‘The Road and Bridge Docket is not always indexed.
: ‘2sThese notes are usually placed with Road and Bridge Papers.
tic In many counties all of these papers are found in Quarter Sessions Papers (Civil)
and in some counties a few of them are filed separately and others are placed in
Quarter Sessions Papers (Civil).
246 COUNTY GOVERNMENT
9
ships, and third-class cities within the county, and many of the re ords in 7, the clerk’s office relate to these municipalities. These include petitions for
the formation of boroughs,127 petitions to annul borough charter4 and to
change the names of boroughs; lZ8 petitions to change borough bound-
aries,lzv to divide boroughs,130 to erect new wards,131 to change the number {
of councilmen from each ward of a given borough,‘32 and to settle boundary
disputes between a borough and an adjoining municipality.133 An applica-
tion of a former borough to withdraw from a third-class city is likewise
filed here?34 Whenever a borough by ordinance adds adjoining lots to its
territory, a plan of such extensions is filed with the clerk of the court of
quarter sessions.13” Other papers concerning boroughs include complaints
that a borough council has failed to organize itself 138 and returns of elec-
tions held to determine whether a borough may use some of its funds in
other ways than were originally permitted.laT
“’ 1834 P. L. 163 sec. 1 and 1895 P. L. 389 No. 376 both rep. 1915 P. L. 312 ch.
XIII art. I sec. 1 but reen. in ch. II art. I sets. 2-4 rep. 1927 P. L. 519 sec. 3301 but
reen. in sets. 201-205.
m 1913 P. L. 910 and 1915 P. L. 312 ch. II art. V sec. 3 both rep. 1927 P. L.l51,9
sec. 3301 but reen. in sets. 301-303 am. 1931 P. L. 386 sec. 4. <
I10 1907. P. L. 264 rep. as to bores. 1915 P. L. 312 ch. XIII art. I sec. 1 (c) but
reen. as am. in ch. III art. I sets. 1-5, 9-12 rep. 1927 P. L. 519 sec. 3301 but reen.
in sets. 401-420.
180 1889 P. L. 393 No. 326 sec. 1 rep. 1915 P. L. 312 ch. XIII art. I sec. 1 (a) but
reen. in ch. II art. IV rep. 1927 P. L. 519 sec. 3301 but reen. in sets. 23.5, 236.
lx1 1874 P. L. 159 sec. 2 rep. 1915 P. L. 312 ch. XIII art. I sec. 1 (a) but reen. in
ch. III art. III sets. 1, 2 rep. 1927 P. L. 519 sec. 3301 but reen. in sew 601, 602.
la2 1915 P. L. 312 ch. VIII art. I sets. 11, 12 rep. 1927 P. L. 519 sec. 3301 but
reen. in sets. 815, 816.
lar 1893 P. L. 284 sec. 2 rep. 1915 P. L. 31.2 ch. XIII art. I sec. 1 but reen. in ch.
III art. II sec. 2 rep. 1927 P. L. 519 sec. 3301 but reen. in sec. 502.
ml915 P. L. 312 ch. II art. III sets. 1, 2 rep. 1927 P. L. 519 sec. 3301 but reen.
in sec. 225.
‘“61871 P. L. 283 sec. 4 am. 1899 P. L. 33 sec. 1 rep. 1903 P. L. 247 sec. 2 but rem.
in sec. 1 supp. 1907 P. L. 48 No. 45 and 1909 P. L. 45 rep. as to bores. 1915 P. L.
312 ch. XIII art. I sec. 1 but reen. in ch. II sec. 19 rep. 1927 P. L. 519 sec. 3301 but
reen. in sec. 426.
“‘1897 P. L. 8 No. 5 sec. 1 rep. 1915 P. L. 312 ch. XIII art. I sec. l(a) but reen!
in ch. VII art. I sec. 4 rep. 1927 P. L. 519 sec. 3301 but reen. in sec. 1004.
“‘1917 P. L. 568 sec. 6.
CLERK OF COURTS 247
Also$~lecl here are petitions for the erection of a new first-class 13’ or .I se$ond-class I30 township, petitions for the division of a township,140 or for
the changes of township boundaries,1*l and applications by a first-class
township asking to return to second-class status.142 In addition, there are
Jfiled complaints that a township officer is refusing or neglecting to perform
his duties.14s
Records concerning third-class cities are similar to borough and town-
ship records, but they are not so numerous, for in some cases the city coun-
cil receives petitions similar to those of minor civil divisions which are
presented to the court. Among the petitions sent to the court of quarter
sessions are requests to change the corporate title of a city,*44 to create or
divide wards,‘45 to annex adjoining lots to a city,14’ and to establish dis-
puted boundary lines. I41 Applications for the union of two cities are like-
wise found here.14$ Duplicate drafts and plans of topographical surveys in
third-class cities,14@ and petitions of boroughs or townships for annexation
to a city lzo are also among these papers.
laa 1917 P. L. 840 sec. 30 rep. 1931 P. L. 1206 sec. 3501 but reen. in sec. 205.
. I’\1917 P. L. 840 sec. 20 rep. 1933 P. L. 103 sec. 2101 but reen. in sets. 205, 206.
I*’ 1905 P. L. 228 rep. 1917 P. L. 840 sec. 1500 but reen. in sets. 41, 42. The art. of
1917 was rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but reen. in sec. 211,
1 rep. as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in sets. 205, 206.
1’11S93 P. L. 284 sec. 2 rep. 1917 P. L. 840 sec. 1500 but reen. in sets. 70, 71, 80, 81.
The art. of 1917 was rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but reen.
in sec. 302, rep. as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in sec. 302.
‘a 1905 P. L. 36 sec. 1 rep. 1917 P. L. 840 sec. 1500 but reen. in sec. 35. The art. of
1917 was rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but reen. in sec. 209
added 1933 P. L. 1096 sec. 3, rep. as to second-class twps. 1933 P. L. 103 sec. 2101
but reen. in sec. 226.
lm 1907 P. L. 27 No. 23 sec. 1 rep. 1917 P. L. 840 sec. 1500 but reen. in sec. 192.
The art. of 1917 was rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but reen. in
sec. 604, rep. as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in sec. 503.
“‘1931 P. L. 936 sec. 301.
‘“Ibid., sets. 401, 402.
I44 Ibid., sec. 515.
1*71893 P. L. 284 sec. 2 rep. as to third-class cities 1931 P. L. 936 sec. 4701 but
reen. in sec. 603.
‘Is 1906 P. L. 7 sec. 2.
s 1G 1889 P. L. 277 art. XVII sets. 2, 3 am. 1901 P. L. 224 sets. 37, 38 sup. 1913 P. L.
568 art. XVII sets. 2-5 rep. 1931 P. L. 936 sec. 4701.
16o 1903 P. L. 332 rep. 1923 P. L. 1047 sec. 10 but reen. in sec. 1 rep. 1929 P. L. 1694
sec. 13. \
248 COUNTY GOVERNMENT
In almost all of the above mentioned instances, after a petition iis filed
for a certain change in a borough, township, or city, an election upon th’at
matter is held in the municipality.. Thereupon, certified copies of the re-
turns are filed with the clerk. Other miscellaneous papers found here are
returns of elections to increase municipal indebtedness,15’ and reports of I
commissions appointed to alter the county boundary line.‘“’
Local Auditors’ Reports, 1874--. Title varies : Statements.
Copies of the reports of the auditors of townships 15’ and boroughs.154 Also
included are copies of the financial reports of ‘poor districts from 1909 until
1937 IS6 and the reports of the auditors of school districts from 1911 until
1913.‘“” The information included in these annual statements consists of
the date, name of civil division, assessed valuation of property, an itemized
statement of receipts and expenditures, an account of taxes collected and
deductions’ allowed, a statement of delinquent taxes, the date filed, and
official seals and signatures.157
“‘1874 P. L. 65 sec. 4 am. 1895 P. L. 36 further am. 1897 P. L. 53 supp. 1903 P. L.
282 No. 212. i
“‘1905 I?. L. 157 sec. 6 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 40.
‘o.1l574 P. L. 112 sec. 2 rep. as to the accounts of supervisors and township treasur-
ers 1917 P. L. 800 sec. 1.500; 1911 P. L. 86.5 sec. 2 am. 1913 P. L. 254 sec. 3, rep. as
to twps. 1917 P. L. 800 sec. 1500 but reen. in sec. 327, rep. as to first-class twps. 1931
P. L. 1206 sec. 3501 but reen. in sec. 1003 am. 1935 P. L. 1176 sec. 1; 1931 P. L. 1206
sec. 1103 applies to reports of first-class twp. controllers; 1917 P. L. 840 sec. 327 rep.
as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in sec. 547 am. 1935 P. L.
1299 sec. 1 further am. 1937 P. L. 1735 sec. 1 (1909 P. L. 392 sec. 2 rep. as to twps.
1917 P. L. 840 sec. 1500 required that the receipts and expenditures of old twps. be
filed here).
15’ 1874 P. L. 112 sec. 2 and 1911 P. L. 865 sec. 2 am. 1913 P. L. 254 sec. 3 all rep.
as to boros. 1915 P. L. 312 ch. XIII art. I sec. 1 but reen. in ch. VII art. IV sec. 3
rep. 1927 P. L. 519 sec. 3301 but reen. in sec. 1037 am. 1931 P. L. 386 sec. 8. 1909
P. L. 392 ch. 2 rep. as to boros. 1915 P. L. 312 ch. XIII art. I sec. 1 required that
financial reports of bores. be filed with the clerk.
“’ 1909 P. L. 392 sec. 2; 1911 P. L. 865 sec. 2 am. 1913 P. L. 254 sec. 3; 1911 P. L.
1071 (applied to counties of from 150,000 to 300,000 inhabitants). All of these laws
were rep. 1937 P. L. 2017 sec. 702.
‘W 1911 P. L. 865 am. 1913 P. L. 2.54 sec. 3.
I” In some counties all of these auditors’ reports are filed in Quarter Sessions
Papers (Civi!) ; in other counties they are all filed together as is shown here; in still
other cases a mixture of the two systems is used,
CLERK OF COURTS 249
l NATURALIZATION RECORDS 1’s
Naturalization Papers, 1790-. Title varies : Alien Files, Declara-
tions; Record of Declaration of Intention; Alien Files; Admissions.
The record consists of aliens’ original declarations of intention to become
naturalized. The information contained in these papers includes : date and
number of the declaration, date and place of the alien’s birth, date and port
of entry, signature of alien, and the name of judge. Other papers found
here are certificates of admission to citizenship which show the date of
admission ; name, address, and date and place of birth of alien ; date and
port of entry ; and signatures of witnesses, the alien, his attorney, and the
issuing officer.
Naturalization Docket, 1790--. Title varies : Petition and Record,
Naturalization Service.
A record of aliens admitted to citizenship is found here. It shows court
term, file number, date of admission, alien’s name and nativity ; and whethel
or not he was granted or refused citizenship.
JURY RECORDS
Jury Papers, may date from the establishment of the county. Title
varies : Precepts ; Precepts and Venires ; Miscellaneous.
_ A number of papers relating to juries are filed here. These include papers
issued for the drawing and summoning of grand and petit jurors such as
lists of the names placed in the jury wheel, precepts for directing a venire
and extending the term of court, orders for filling the jury wheel, certifi-
cates of pay for jury service, and oaths of the sheriff, jury commissioners,
‘jg Prior to 1906, by virtue of the first uniform naturalization law passed by Congress
in 1790, the courts of quarter sessions and oyer and terminer and common pleas had
jurisdiction over the naturalization of aliens (1790, 1 U. S. Stat. 103 ch. 3). The
comprehensive naturalization law of 1906 provided for uniform processes and records
throughout the nation, and gave jurisdiction over naturalization to a number of courts,
including all courts of record in any state or territory having a seal, a clerk, and
jurisdiction in actions at law and equity in which the amount in contrpversy is un-
limited. 1906, 34 U. S. Stat. 596 ch. 3592 sec. 3; 1911, 36 U. S. Stat. 1167 ch. 231
sec. 289; 1913, 37 U. S. Stat. 737 ch. 141 sec. 3. In some counties of Pennsylvania
it is customary for naturalization cases to come before the court of common pleas,
while in others the court of quarter sessions handles them. Therefore. in any given
county, all naturalization records will be found in the office of either the prothonotary
or the clerk of courts. In some counties, naturalization papers prior to 1906 are filed
with one of these officers and those since 1906 are filed with the second officer.
250 COUNTY GOVERNMENT
and clerk to the jury commissioners. The papers show court term,, date
filed, names of parties, and official seals and signatures.lgs
_ Jury Lists, 1805-.
This is a list of all persons whose names were drawn for jury service.‘GU
Jury Book, 1834--. Title varies: Quarter Sessions and 0. and T.
Jurors’ Time Book.
This book contains a record of those whose names were drawn for jury
service for each court term. A special note is made beside the names of
those who defaulted or were excused. The record shows the number of
days served by the remaining persons on the list. In some counties addi-
tional information is given, such as the trials at which the individual jurors
served, defendants’ names, dates of each trial, and verdicts.‘e1
RECORDS PERTAINING TO ELECTIONS
Duplicates of Election Returns, from origin of the county until
i937.162
These are duplicates of the returns of elections held within the county.
The information contained includes : date of election, offices voted for and
the candidates for each, and the number of votes received by every candi-
date within each civil division.las 0
Disputed Elections, 1839-1937.1s4
All papers concerning election controversies brought before the court of
quarter sessions are filed here.lS6
lWIn most counties these papers are not filed separately but are found with Quarter
Sessions Papers (Criminal). In some cases one or more types of jury papers are
filed separately here and the remainder are placed with the general quarter sessions
papers. For example: Certificates of Pay for Jury Service.
‘“1805, 4 Sm.L. 237 sec. 9 sup. 1834 P. L. 333 sec. 123.
I’* 1834 P. L. 333 sec. 128; Frederick v. COW&Y of Lehigh, 2 Leh. L. J. 118 (1908).
‘= In many counties these records are found with Quarter Sessions Papers (Civil),
and in other counties they have been placed with the records of the county board of
elections.
lBs 1717-18, III St. at L. 175 sec. 1 (obsolete) ; 1799, 3 Sm.L. 340 sec. 12 rep. 1839
P. L. 519 sec. 174 but reen. in sec. 55 rep. 1840 P. L. 683 sec. 16 but reen. in sec. 1
rep. 1937 P. L. 1333 sec. 1901; 1839 P. L. 519 sec. 84 rep. 1937 P. L. 1333 sec. 1901.
‘M In some counties these records have been placed in Quarter Sessions Files (Civil)
and in other counties they are now in the office of the county board of elections. Other
Papers relating to contested elections are found in the prothonotary’s office.
la 1839 P. L. 519 sec. 154 sup. 1874 P. L. 208 sec. 16 rep. 1937 P. L. 1333 sec. 1901.
CLERK OF COURTS 251
Candidates’ Expense Accounts, 190637.l”
These papers consist of the itemized accounts of campaign expenditures.
They were filed by all candidates for nomination or election and by every
treasurer of a political committee. It shows “every sum of money con-
tributed, received, or disbursed by him for election expenses, date of each
contribution, receipt, and disbursement, name of person from whom re-
ceived or to whom paid, and object or purpose for which the same was
disbursed.” This report also gives an itemized account of all unpaid obliga-
tions of the candidate or committee. lo’ Sometimes included with these ac-
counts are petitions asking the court to have an audit made of one or more
of them.lss
Petitions to Form New Election Districts, 1885.-.‘00
These are petitions asking the court to set up new election districts. They
show the boundaries of the proposed district and contain the signatures of
the petitioners.‘70
Petitions for Appointment of Election Officers, 1874-.17’
Title varies: Appointment of Election Officers.
These are petitions for the appointment of local election officers for new
districts or to fill vacancies in existing districts. They show the court term
and case number, district number, applicant’s name, petitioners’ signatures,
and dates of approval and filing.‘?’
Record of Appointment of Election Officers, 187”. Title varies:
Appointment of Election Officers.
This record of appointment of election officers by the court of quarter
‘=These accounts may be found in Quarter Sessions Papers (Civil) and may have
been placed with the records of the county board of elections.
lo’ 1906 (Sp. Sess.) P. L. 78 sec. 6 rep. 1937 P. L. 1333 sec. 1901.
‘I 1906 (Sp. Sess.) P. L. 78 sec. 9 rep. 1937 P. L. 1333 sec. 1901.
160 These petitions are often found with current petitions among the records of the
county board of elections. in other cases they are found in Quarter Sessions Papers
(Civil;.
“’ 1885 P. L. 149 No. 117 sec. 1 rep. 1937 P. L. 1333 sec. 1901 but reen. as am. in
sets. 503, 504.
1n These petitions may be found in Quarter Sessions Papers (Civil). In other
counties they have been placed with current records in the office of the county board
of elections.
“‘1894 P. L. 31 sec. 6 am. 1893 P. L. 101 further am. 1897 P. L. 38 further am.
1921 P. L. 618 rep. 1937 P. L. 1333 sec. 1901 but reen. as rim. in sec. 405.
252 COUNTY GOVERNMENT
sessions shows the appointee’s name, the office to which he was appointed,
and the date of appointment.“3
LICENSES AND REGISTERS
Attorneys Admitted to Practice, 18S5-1927.1T4
This is a record of all attorneys admitted to practice in the courts of quarter
sessions and oyer and terminer 11’ and shows the attorney’s name and the
date and court term when he was admitted.17”
Liquor Licenses, from the establishment of the county until the
adoption of the eighteenth amendment. Title varies : Petitions and
Bonds ; Petitions for License.
These are papers filed concerning the issuance of liquor licenses. They
include petitions, applications, character references, duplicates of licenses,
bonds, transfers, and remonstrances. The papers show the court term and
case number, names of parties, license number, signatures of petitioners,
disposition of application, and official seals and signatures.17’
Liquor License Docket, may date from the establishment of the
county until the adoption of the eighteenth amendment..
This is a record of proceedings relating to the granting of liquor licenses.
It shows the court term and case number, names of parties, date and num-
Ii’ This is frequently kept as a separate record. In other counties this information
is found in Quarter Sessions Docket (Civil).
Ii4 Earlier and later records are often found since their keeping is implied in various
laws (1722, 1 Sm.L. 145 sec. 28; 1834 P. L. 333 sets. 68-74) and often required by
the rules of court.
li51n some counties this record lists attorneys admitted to practice in all the courts
of the county.
“li 1885 P. L. 16 am. 1887 P. L. 131. The act of 1885 was rep. 1927 P. L. 1666 No.
138 and the act of 1887 was rep. 1927 P. L. 356 No. 225.
“’ 1794, XV St. at L. 149 sec. 1; 1821 P. L. 244 sec. 3 rep. 1824 P. L. 32 sets. 8, 9;
1783, XI St. at L. 53 sup. 1834 P. L. 117 sets. 1, 4, 14, 15 rep. 1855 P. L. 53; 1830
P. L. 352 sec. 3 sup. 1834 P. L. 117 sec. 6 rep. 1933 P. L. 853 sec. 601; 1856 P: T..
200 sec. 8 rep. 1864 P. L. 895, 1856 P. L. 200 sets. 7, 10, 11 sup. 1887 P. L. 108 sets.
3-6, 9 rep. 1923 P. L. 34 sec. 8; 1875 P. L. 40 sec. 2 sup. 1887 P. L. 108 sec. 3 rep.
1923 P. L. 34 sec. 8 (1891 P. L. 257 sec. 8 am, 1901 P. L. 124 sec. 2 seems to be rep.
by implication 1935 P. L. 1246 sets. 1, 802) ; 1897 P. L. 297 sec. 2 am. 1901 P. 1~. 263
rep. 1933 P. L. 252 sec. 33; 1897 P. L. 464 sec. 3 am. 1903 P. L. 317 rep. 1933 P. L.
252 sec. 33; Comm. v. Schoerzer-, 212 Pa. 527.
CLERK OF COURTS 253
ber of application, type of proceeding, disposition and fees. Bonds, trans-
fers, and remonstrances may also be noted here.lT8
Applications for Detective Licenses, 1887-.“0
All applications for detective licenses must be filed with the clerk of
courts.1So
Bolter and Baker Brandmarks, 172&.ls’
This is a record of the trade marks of bolters, bakers, and flour millers. It
shows the date of registry, a copy of the mark, and name of the owner.““’
Peddkrs Bonds, 1S30-.183
These are the bonds which must annually be posted by every peddler before
the court of quarter sessions grants a license to him.1*a
Record of Transient Medical Practitioners, 1S77-1911.1”5
Anyone who opened a transient medical office within the county was obliged
to secure a license from the clerk of courts. Before a license was granted,
satisfactory evidence of the applicant’s fitness to practice had to be fur-
nished to the clerk. This consisted of a diploma from a chartered medical
school or a record of the places where he had been engaged in the practice
of medicine.ls”
Small Loans Applications, 1909-13.1”7
From 1909 until 1913 the clerk of courts granted licenses for engaging in
the small loans business. In addition, he was entitled to revoke the licenses
Iid There is no legal requirement for the keeping of a separate docket of liquor
license proceedings. It was frequently kept, however, as a matter of convenience. In
counties without a separate Liquor License Docket, a record of these matters may
be found in Quarter Sessions Docket (Civil) or in Minute Book.
IrsThese are seldom kept separate!y, but may be found in Quarter Sessions Papers
(Civil).
Iso 1887 P. L. 173 sec. 2.
‘a1 These records, where they exist, are usually found in Quarter Sessions Papers
(Civil),
“* 1724, IV St. at L. 3 sec. 1 sup. 1781, 2 Sm.L. 11; 1781, X St. at L. 288 sec. 2
(obsolete) .
“’ These bonds are usually found in Quarter Sessions Papers (Civil).
“I 1830 P. L. 147 sec. 1.
“‘Few traces of these matters remain today, and where they are found the records
are usually filed in Quarter Sessions Papers (Civil).
‘go 1877 P. L. 42 sec. 4 am. 1897 P. L. 257 rep. 1911 P. L. 639 sec. 14.
Idi These are seldom found as a separate record, but may be kept in Quarter Ses-
sions Papers (Civil).
254 COUNTY GOVERNMENT
of those who were found guilty of violations. The papers concerning these
matters consist of. applications for licenses and petitions for the revocation
of licenses already granted.l”
Lists of Merchants, 1830-46.‘“@
These lists of wholesale and retail merchants were sent to the clerk of
courts during the period before the establishment of the office of mercantile
appraiser was provided for. The lists for the period 1830-41 contained the
names of all vendors of foreign merchandise, but after 1841 all merchants
of the county, except auctioneers and tavernkeepers, were listed.lQO
Stallion Certificates, 1893-1911 .lD1 Title varies : Stallion Register ;
Stallion.
These are applications for stallion licenses. They are certificates which
show the name and age of the stallion, date foaled, record number, descrip-
tion and pedigree, owner’s name and address, date when certificate was
made, and signature of the clerk of courts.‘02
Stallion Register.
This is a list of all stallions granted licenses. The information contained
is similar to that in Stallion Certificates.lS3
Motor Vehicle Affidavits, 1919-23. Title varies: Motor Vehicles
Transfers ; Registration of Second-Hand Auto Cars.
These affidavits relate to second-hand automobiles sold or transferred
within the various townships of the county. The information contained
includes the names and addresses of the vendor and vendee, vendee’s occu-
pation, make of car, engine and county registration numbers, date of sale,
and signatures of vendor and vendee.lo4 . *
m 1909 P. L. 518 No. 200 sets. 1, 7 rep. 1913 P. L. 429 sec. 8.
“These lists are seldom found today.
‘“1830 P. L. 387 sec. 2 supp. 1841 P. L. 310 sec. 10 rep. 1899 P. L. 184 sec. 1 but
sup. 1845 P. L. 533 sec. 8 extended to all counties 1846 P. L. 486 sec. 12.
‘OIIn a number of counties the clerk of courts has continued to keep these records,
even though he is no longer required to do so.
‘a~ 1893 P. L. 37 sec. 1 rep. by either 1907 P. L. 114 or 1911 P. L. 631. More recent
records may he found in the prothonotary’s office.
‘“This is not a required record, but has frequently been kept.
‘OL 1919 P. L. 702 sets. 2, 3 rep. 1923 P. L. 425 set 19.
CLERK OF COURTS 255
RECORDS OF CORONER’S INQUESTS
Reports of Coroner’s Inquests, 1917-. Title varies : Autopsy;
Coroner.1s6
These reports of every inquest held by the coroner show the name and
address of the deceased person ; date, place, and cause of death ; date of
inquest ; names of witnesses and jurors ; costs ; and coroner’s signature.lg6
ACCOUNTS
Account Book, 1810-. Title varies : Journal ; Charge Book.
This is an itemized account of all fees received by the clerk of courts. It
shows the date, court term and case number, name of payee, the service
rendered, and fee chargeable.lO’
Record of Court Costs. Title varies : Sessions Docket ; Tax Book ;
Delinquent Costs.
A record of county and Commonwealth costs on cases tried in quarter
sessions court is here ‘found. The information included consists of the
court term and case number; names of parties, judge, and witnesses;
charge ; dates of verdict and sentence ; an itemized bill of costs ; and date
audited.lss
MISCELLANEOUS
Receipts for Borrowed Papers. Title varies : File Receipt Book.
These are receipts for papers borrowed from the office of the clerk by
attorneys and others. It shows the name of the paper borrowed, date when
borrowed, court term and case number, borrower’s signature, and date
when paper was returned.‘@@
Tax Collectors’ Annual Reports, 1937-.
These are the annual reports filed with the clerk by every tax collector in
lw These records may be found in Quarter Sessions Papers (Criminal). Notes of
testimony and correspondence are sometimes included with these papers.
X86 1917 P. L. 240 No. 132 sec. 2.
la’ 1810 P. L. 79 sec. 1; 1868 P. L. 3 sec. 8 par. 7 am. 1901 P. L. 175 sup. counties
of over 150,000 population by 1876 P. L. 13 sec. 2; 1874 P. L. 125 sec. 1 am. 1909
P. L. 77 further am. 1921 P. L. 69 further am. 1937 P. L. 2786 (applies to counties
under 150,000) ; 1923 P. L. 944 sec. 7 am. 1927 P. L. 128 No. 100 (applies to sixth-
class counties.
‘“This record is often incorporated into Account Book.
“‘These receipts are not found in every county. In a number of counties the keep-
ing of such a record is required by the rules of court.
256 COUNTY GOVERNMENT
the county. Each of these reports, which cover the previous calendar year,
shows the total number of persons taxed, the total aniount of taxes levied,
the amount of current and delinquent taxes collected, and the amount of
money handled by the tax collector as treasurer of a municipality, if he
holds both offices. The tax collector must also state the amount of money
which he has received as compensation for his services. This includes his
salary as tax collector, his salary as municipal treasurer, and his commis-
sions. He also.gives an itemized list of the expenses which he has incurred
in the performance of his duties.200
Accounts of County Officers, 1732-91 .201
Prior to the appointment of regular county auditors in 1791,20’ the accounts
of the county commissioners, the assessors, and the treasurer, were filed
with the clerk after they were examined by the court of quarter sessions
and the grand jury.?03
Miscellaneous Petitions.“o4
The miscellaneous petitions filed with the clerk of courts include petitions
for the “commitment, restraint, care and treatment of alcohol or drug
addicts” from 1903 until 1923,206 requests for the erection or completion
of a soldiers’ monument,200 and petitions to form county sewer districts.“’
!J?ax List, 1807-.‘0y
These are copies of the assessors’ enumerations of the taxable inhabitants ,
of the county. The information found includes the date; name of civil
“Oa 1937 P. L. 2797.
‘VI These records are seldom found today. They may be found in Quarter Sessions
Papers (Civil).
“’ 1791, 3 Sm.L. 1.5 sec. 1.
Iu3 1732, IV St. at L. 234 sec. 2.
““*These petitions are not found in every county. In some counties they are kept
in Quarter Sessions Papers (Civil). In other counties they are filed separately ac-
cording to the type of petition.
., 1
2W 1903 P. L. 211 am. 1907 P. L. 288 further am. 1921 P. L. 973 rep. 1923 P. L. 998
sec. 704. (Since 1923 such petitions go to the court of common pleas.) I
‘OB 1895 P. L. 96 sec. 1 am. 1901 P. L. 184 further am. 1903 P. L. 136 further am. :i
1911 P. L. 53 No. 43 further am. 1915 P. L. 487; 1907 P. L. 148 (applied to counties
of more than 150,000 population) ; 1911 P. L. 834 No. 352. All of these acts were
rep. 1929 P. L. 1278 sec. 1051 but reen. as am. in sec. 592. /
“‘1915 P. L. 852 sec. 2 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 1002-3. I
aW These lists are found in very few counties and only for short periods of time. 1
.- ._
CLERK OF COURTS 257
division ; name, address, and occupation of taxpayer ; assessed valuation of
his property; and signature of the assessor.““”
Lists of Slave-Owners, 1780-88 and after.“O
These are lists of all persons in the county who own slaves.y11 Each list
shows the owner’s name, and name, age, sex, and length of required servi-
tude for each slave in his possession.212
Inheritance Tax Valuation, 1826-49.213
These are the assessor’s valuations of the property of all persons who died.
They were prepared to help in ascertaining the amount of inheritance
tax due.“4
Report to Secretary of Welfare, 1847-. Title varies: State Re-
ports.*lG
Copies of the clerk’s annual report to the Department of Welfare are some-
times kept on file. This report relates to all the criminal business of the
court of quarter sessions and oyer and terminer during the preceding year.
It shows the number of bills laid before the grand jury, number of true
bills, number returned ignoramus, and the number of presentments. The
report also cites the number of bills which were tried before the court, and
the number of resultant acquittals, convictions, and nolle prosequis. Other
information found in the report includes the type of offenses which came
before the court, and the number and amount of forfeited recognizances.2:o
Grand Jury Reports.
In this record are the reports of the grand jury to the court of quarter ses-
sions. Each shows the court term and case number; names of defendant,
prosecutor, and witnesses; and findings of the jury.2’i
Correspondence.
On file here is the correspondence pertaining to the work of this office.?‘”
LO9 1807 P. L. 100 sec. 3; 1814 P. L. 60 ch. XXXVII sec. 3; 1821 P. L. 4, 7 Sm.L.
341 sec. 3.
I’” These records are for the whole period during which the emancipation of slaves
was taking place.
%lThese are seldom found as separate records today.
~1780, 1 Sm.L. 491 sec. 5; 1788, 2 Sm.L. 443 sec. 4.
“‘These records are seldom found today.
‘I* 1826 P. L. 227 sec. 3 rep. 1849 P. L. 570 sec. 12.
‘I5 Only a few clerks of courts have kept copies of these reports.
“‘1847 P. L. 172 sec. 2.
‘Ii These reports are usually found in Quarter Sessions Papers (Criminal).
““There is no requirement that correspondence be preserved, but it is frequently
kept on file.
VIII
REGISTER OF WILLS
Evolution and Structural Organization. The origin of the office of reg-
ister of wills is not definitely shown in the early laws of Pennsylvania.
Among the Laws Agreed upon in England, however, is a stipulation that
a register of marriages be kept in the office of “the proper register of the
county.” 1 A statute of 1683 prescribed the duties of “the register” as
registering births, deaths, marriages, bond servants, wills, and letters of
administration, and writing marriage certificates on parchment.2 After
1684 this officer maintained a record of all freemen entering the county
as well as of servants.3 By 1700 an officer known as the Register General,
with the same status as the register, was in existence.4 .A law of 1701 pro-
vided that ,“the Register General or his deputy” aid the justices of the
county court when they sit as an orphans’ court.S None of these statutes
indicates how the officers in question were chosen or how long they re-
mained in office.
After 1706 definite provisions were made that the Governor commis-
sion a Register General “for the probate of wills and granting letters of
administration.” He kept his office in Philadelphia and from time to time
appointed “a sufficient deputy to act in each county.” e This system con-
tinued in effect until the constitution of 1776 was adopted and provided
that “a register’s office for the probate of wills and granting letters of
administration . . . shall be kept in each county and city; the officers to
be appointed by the General Assembly, removable at their pleasure and
to be commissioned by the President in Council.” ‘i A law of the following
year corroborated this provision and abolished the office of Register Gen-
1 Laws Agreed upon in England, 1682, in Charter fo William Pepm, p. 101; Laws
of the Assembly, 1684, in Charter to Wi!liam Petzn, p. 171. Duke of York’s Book of
Laws, 1676, in Charter to William Penn, p, 13 provided that each town clerk keep
vital statistics records.
‘Laws of the Assembly, 1683, in Charter to William Penu, p. 149.
‘Laws of the Assembly, 1684, in Charter to William yeaft, p. 170,
' 1700, II St. at L. 137 ch. ZIII.
‘1701, II St. at L. 148 sec. 8.
' 1705-6, II St. at L. 194 sec. 6; 1712, II St. at L. 421.
‘Const. of 1776, ch. II, sec. 34.
258
i
REGISTER OF WILLS 259
eral.’ The Constitution of 1790 made this officer an appointee of the Gov-
ernor ; ’ and the Constitution of 1838 provided for his triennial election.”
Since 1909 his tenure, like that of all elected county officials, has been set
at 4 years.l’
During the years before the Revolution the Register General often ap-
pointed the prothonotary to act as his deputy. After 1777 the various
clerical offices were usually combined under one or two men and for some
years the register also served as recorder of deeds.12 The Constitution
of 1838 stipulated that the legislature should determine how the five
clerical offices be held in each county.13 This resulted in a law of 1839 I4
which is still effective in counties not covered by more recent require-
ments,15 such as the constitutional provision that in a county with a separate
orphans’ court, the register of wills must be clerk of orphans’ court.la
The General County Law of- 1929 has set up an arrangement of the
clerical offices uniform for each county of the same class. It may be ac-
cepted in any county for which the court of common pleas decides favor-
ably; and provides that the register of wills act as clerk of orphans’ court
in third, fourth, and fifth-class counties. In sixth and seventh-class coun-
ties the office of register may be combined with the recorder’as well as the
clerk of orphans’ court, and in eighth-class counties the register may also
be clerk of all the courts and recorder of deeds.l’
Like all county officers the register of wills must be a citizen and a
resident of the county for at least one year prior to assuming 0ffice.l’
Vacancies are filled by the Governor until a successor is chosen in the
first municipal election taking place 2 or more months after the occurrence
of the vacancy.” The register may not at the same time act as county
* 1777, IX St. at L. 68 sets. 1, 6 rep. 1917 P. L. 415 sec. 26 as far as it relates to
registers of wills; 1785, XI St. at L. 556 sec. 1.
’ Const. of 1790, art. V, sec. 11.
I” Const. of 1838, art. V, sec. 10, art. VI, sec. 3.
11 Const., art. XIV, sec. 1; Conk, art. XIV, sec. 2 as am. 1909; 1929 P. L. 1278 sec.
220.
* 1777, IX St. at L. 68 sec. 1.
la Cons:. of 1838, art. VI, sec. 3.
” 1839 P. L. 559 sec. 1.
I’ 1893 P. L. 462 No. 331; 1901 P. L. 271; 1901 P. L. 559 am. 1923 P. L. 155 rep.
1929 P. L. 1278 sec. 1051 but reen. in sec. 222; 1911 P. L. 583.
I8 Const., art. V, sec. 22; 1917 P. L. 363 sec. 8.
” 1929 P. L. 1278 sec. 221 am. 1933 P. L. 950 No. 186.
y Const., art. XIV, sec. 3.
“1929 P. L. 1278 sec. 60 am. 1931 P. L. 401 sec. 1.
260 COUNTY GOVERNMENT
treasurer,20 nor may he serve as controller during his term of office or for
2 years thereafter. 21 He is exempt from military service,” and is not per-
mitted to practice as an attorney in orphans’ court.58
Before assuming office the register of wills must take an oath.24 A special
oath is required when presenting his accounting of money received for the
State.2E In addition, the register is obliged to give bond.26 At first his bond
was recorded in orphans’ court,“’ but now it is placed on record by the
recorder of deeds who transmits it to the Secretary of the Commonwealth.z*
In seventh and eighth-class counties the register is paid by fees; 29 else-
where, he receives an annual salary which amounts to $4,000 in third :!O
and fourth- 31 class counties, $5,000 in fifth-class counties,3” and $3,000 in
sixth-class counties.93
Powers and Duties. The register has jurisdiction over the probate of
wills and the granting of letters testamentary and of administration.“4
The estates under his jurisdiction are those of decedents who resided within
the county or the bulk of whose estate is situated in the county.“” He has
” 1841 P. L. 400 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 142.
” 1895 P. L. 403 No. 288 sec. 2 and 1909 P. L. 434 No. 242 sec. 2, both rep. 1929
P. L. 1278 sec. iO51 but reen. in sec. 132.
” 1887 P. L. 23 sec. 110 sup. 1899 P. L. 266 sec. 2.
” 1834 P. L. 333 sec. 75; 1929 P. L. 1278 sec. 223.
” Const., art. VII, sec. 1; 1705-6, II St. at L. 267 sec. 2 ; 1777, IX St. at L. 68 sec.
2; 1832 P. I,. 135 sec. 1 rep. 1917 P. L. 415 sec. 26 but reen. in sec. l(a).
s 1830 P. L. 272 sec. 8. .
s 1839 P. L. 272 sec. 9; 1917 P:L. 415 sec. 1 (b-l, 2) ; 1929 P. L. 1278 sets. 225, 232.
“1917 P. L. 415 sets. 1 (b-l, 2) ; 1929 P. L. 1278 sets. 225, 232.
** 1712, II St. at L. 421 sec. 2; 1777, IX St. at L. 68 sec. 2; 1832 P. L. 135 sec. 1
rep. 1917 P. L. 415 sec. 26 but reen. in sets. l(b-1, 2).
*01868 P. L. 3 sec. 7 am. 1901 P. L. 175 sec. 1 does. not apply to Allegheny, Lan-
caster, Montgomery, Beaver, and Washington counties, but was extended to Mont-
gomery by IS73 P. L. 641 and to Lancaster by 1899 P. L. 246. If the register collects
more than $4,000 in any one year, 50 percent of the excess goes to the county treasurer
for the use of the State, 1874 P. L. 125 sec. 1 am. 1909 P. L. 77 further am. 1921
P. L. 69 further am. 1937 P. L. 2786; Comwz. v. Corzzuay, 72 Pa. C. C. 630, 2 Disk
429 (1893).
ao 1876 P. L. 13 sec. 13 am. 1881 P. L. 21 further am. 1887 P. L. 301 further am.
1901 P. L. 641.
” 1876 P. L. 13 sec. 14 am. 1895 P. L. 424.
X2 1923 P. L. 1054 sec. 11 am. 1925 P. L. 380.
1)3 1923 P. L. 944 No. 375 sec. 1 am. 1931 P. L. 560.
a* 1705-6, II St. at L. 194 sec. 6; 1777, IX St. at L. 68 sec. 3; 1795, XV St. at L. 359
sec. 2; 1832 P. L. 135 sec. 5 rep. 1917 P. L. 415 sec. 26 but reen. in sets. 3, 4, 6, 7.
a6 1832 P. L. 135 sec. 6 rep. 1917 P. L. 447 sec. 63 but reen. as am. in sec. 2(a).
REGISTER OF WILLS 261
considerable discretion in selecting administrators.3” Moreover, the register
is permitted to revoke letters of administration which were granted to per-
sons not next of kin or which were given for the estate of a decedent
whose will is later found, proven, and admitted to probate.37 The register
grants letters in the case of presumed decedents, however, only on order
of the orphans’ court.“8 Upon granting letters he must take a bond from
all administrators 39 and from all executors who are not residents of the
Con~monwealth.4o Exceptions to such bonds may be filed and the register
determines whether or not they shall be allowed.41 This officer is also em-
powered to administer oaths. He must do so to all persons to whom he
grants letters testimentary or of administration.42
Whenever a caveat is entered against the probate of a will or the grant-
ing of letters is disputed, the orphans’ court may direct the register to
certify the entire record to the court. 43 In such proceedings a bond for the
payment of costs must be filed with the register 44 who determines the
amount of costs and by whom they shall be paid.45
The register may issue a citation to anyone in possession of a testamen-
tary writing, requiring its production for probate. If the person served
refuses to comply, the register must forward a record of the proceedings .
to ‘the orphans’ court. 4G He may also issue citations to persons interested
““Simmons’ Estate, 3 Phila. 172 (1858) ; Brz&zker’s Apfieal, 98 Pa., 21 (1881).
” 1917 P. L. 415 sec. 5; 1917 P. L. 447 sec. 6(b) ; Tlzomas’s A#&, 57 Pa. 356
(1868).
3y 1917 P. L. 447 sec. 6(a).
““1712-13, III St. at L. 14 sec. 1 rep. 1917 P. L. 363 sec. 34; 1794, XV St. at L.
80 sec. 1 rep. 1917 P. L. 447 sec. 63; 1832 P. L. 135 sec. 24 rep. 1917 P. L. 447 sec.
63 but reen. in sec. 8(a)
#’ 1832 P. L. 135 sec. 16 rep. 1917 P. L. 447 sec. 63 but reen. in sec. 8(c).
” 1917 P. L. 447 sec. 8(f).
a 1712, II St. at L. 421; 1777, IX St. at L. 68 sec. 3; 1795, XV St. at L. 359 sec.
2; 1832 P. L. 135 sec. 14 rep. 1917 P. L. 447 sec. 63 but reen. in sec. 7.
43 1712, II St. at L. 421 sec. 3 provided that the register call to his aid two or more
justices to help-him in settling these matters; 1832 P. L. 135 sec. 12 rep. 1917 P. L.
415 sec. 26 but reen. in sets. 18, 19 (the act of 1832 gave the jurisdiction over these
cases to the register’s court which was abolished by Conk, art. V, sec. 22. Its duties
I were transferred to the orphans’ court) ; 1917 P. L. 363 sec. 21 (d) added 1937 P. L.
2665 am. 1939 P. L. 94.
“1887 P. L. 359 No. 246 rep. 1917 P. L. 415 sec. 26 but reen. in sec. 2O(a, b).
“1917 P. L. 415 sec. 20(c).
w 1832 P. L. 135 sec. 7 rep. 1917 P. L. 415 sec. 26 but reen. in sec. 8.
262 COUNTY GOVERNMENT
in the estate of a presumed decedent to show cause why an alleged will
should not be probated. *’ In probate proceedings the register has the power
to subpcena witnesses and issue attachments to compel appearance, to issue
rules, and to take depositions of witnesses outside the county.*’
The register is the agent of the Commonwealth for the collection of
taxes from decedents’ estates *’ and in this capacity must give bond.60 He
must make all reports, forward all duplicate receipts issued to fiduciaries,
and make monthly returns to the Department of Revenue, paying the taxes
collected into the State Treasury. 61 Whenever any collateral inheritance
tax is paid to the State erroneously, the register makes application for a
refund.6i Before 1927 he app ointed appraisers to evaluate estates subject to
transfer inheritance taxes,53 but the Auditor General now has supervision
over such appraisements.‘* The register, however, still records returns of
the appraisers and transmits a monthly statement of them to the Depart-
ment of Revenue.65
A fiduciary in possession of property subject to the inheritance tax must
file an inventory with the register. If it is not filed within a specified time,
the register cites the fiduciary to do so. He applies to the orphans’ court to
enforce payment of taxes remaining unpaid 1 year after death of the de-
cedent. In securing information on the collection of taxes, the register has
the power to issue subpoenas to compel production of evidence and the
appearance of witnesses, and to administer oaths.5a Overseers of real estate
” 1887 P. L. 155 No. 122 am. 1915 P. L. 689 No. 315 rep. 1917 P. L. 447 sec. 63 but
reen. in sec. 6(c).
Is 1832 P. L. 135 sets. 8, 9 rep. 1917 P. L. 415 sec. 26 but reen. in sets. 9, 10.
a 1826 P. L. 227 sec. 2; 1849 P. L. 570 sec. 16 sup. 1887 P. L. 79 sec. 16 am. 1891
P. L. 59 rep. 1919 P. L. 521 sec. 47 but reen. in sec. 21 am. 1937 P. L. 1597 sec. 1.
w 1841 P. L. 99 sec. 4 sup. 1887 P. L. 79 sec. 16 am. 1891 P. L. 59 rep. 1919 P. L.
521 see. 47 but reen. in sec. 21 am. 1937 P. L. 1597 sec. 1; 1919 P. L. 521 sec. 22.
~1844 P. L. 564 sec. 3 sup. 1887 P. L. 79 sec. 9 rep. 1919 P. L. 521 sec. 47; 1850
P. L. 170 sup. 1887 P. L. 79 sec. 19 rep. 1919 P. L. 521 sec. 47 but reen. in sec. 23;
1929 P. L. 343 sec. 608.
61 1878 P. L. 206 am. 1901 P. L. 59 No. 25 sup. 1919 P. L. 521 sec. 40.
s 1849 P. L. 570 sec. 12 am. 1850 P. L. 170 sec. 2 sup. 1887 P. L. 79 sec. 1’2 rep.
1919 P. L. 521 sec. 47 but reen. in sec. 10; 1895 P. L. 325 sec. 2 sup. 1919 P. L. 521
see. 12 ; Johnsto~‘~ Estate, 11 York 4 (1897).
M 1927 P. L. 727; 1929 P. L. 343 sec. 1202 am. 1931 P. L. 318 sec. 1 further am.
1935 P. L. 1029 sec. 2.
m 1919 P. L. 521 sec. 14 am. 1923 P. L. 1078 sec. 2; 1929 P. L. 343 sec. 724.
m 1841 P.L. 99 sets. 1, 2 and 1849 P.L. 570 sec. 15 sup. 1887 P.L. 79 sets. 8, 15 rep.
1919 P.L. 521 sec. 47 but reen. in sec. 15 am. 1923 P.L. 1078 sec. 3.
REGISTER OF WILLS 263
inherited from a resident decedent must make a return to the register
within 1 year after death of the decedent and give security for the pay-
ment of the inheritance tax.67
Since 1777 every register of wills has been required to appoint a deputy
who is permitted to perform any of the duties of the register.58 The salary
of the deputy is fixed by the salary board or by the register if there is no
salary board.“” In fifth-class counties the register is also entitled to appoint
a solicitor, who advises him on all legal matters submitted to him and con-
ducts litigation for the register when the latter requests it.”
At various dates prior to 1937 the register had certain responsibilities at
election time. Whenever the judges were prevented or disqualified from
acting on the return board, the register, along with certain other county
officers, took their places.s1
Since 1927 the registers of all counties in Pennsylvania have been per-
mitted to organize into the State Association of Registers of Wills. The
register of every county may attend the annual meetings or send his deputy
or another person to represent him. The expenses of attendance are paid
by the county, but must not exceed the amount fixed by law.62
Provision has always been made for the taking to a higher body of ap-
peals from the decisions of the register.R” Until 1874 they were made to
the register’s court, O4 but since that time they have been taken to the
orphans’ court.65
“‘1919 P.L. 5.21 sec. 3.
68 1777, IX St. at L. 68 sec. 5 am. 1832 P.L. 135 sec. 4 rep. 1917 P.L. 415 sec. 26 but
reen. .in sec. 2; 1847 P.L. 43 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 233 ; 1923
P.L. 944 sec. 3 applies only to sixth-class counties; 1929 P.L. 1278 sec. 59 am. 1931
P.L. 401 sec. 1.
” 1929 P.L. 1278 sec. 224 am. 1931 P.L. 401 sec. 1 further am. 1933 P.L. 952; 1923
P.L. 944 sec. 5 am. 1933 P.L. 2.50 No. 88 applies only to sixth-class counties.
” 1929 P.L. 1278 sec. 233.1 added 1931 P.L. 401 sec. 7.
“‘1799, 3 Sm.L. 340 sec. 13 rep. 1839 P.L. 519 sec. 174; 1874 P.L. 31 sec. 13 am.
1899 P.L. 127 further am. 1909 P.L. 425 further am. 1923 P.L. 267 No. 171 further
am. 1925 P.L. 103 rep. 1937 P.L. 1333 sec. 1901.
” 1927 P.L. 380 No. 245 rep. 1929 P.L. 1278 sec. 1051 but reen. in sets. 95, 96.
““At first the high court of errors and appeals had the right of final decision, 1780,
X St. at L. 52 sets. 1, 3.
“‘A register’s court was provided for in the Const. of 1790, art. V, sec. 7 and the
Const. of 1838, art. V, sets. 1, 7 but abolished in Const., art. V, sec. 22, which trans-
ferred its jurisdiction to the orphans’ court.
m 1832 P.L. 135 sec. 31 rep. 1917 P.L. 415 sec. 26 but reen. as am. in sec. 21(a) ;
1917 P.L. 363 sec. 9(m), 21(a).
264 COUNTY GOVERNMENT
Records. Records of the register of wills are described below:
WILLS AND ADMINISTRATION
Wills, dates from the establishment of the county. Title varies:
Estates ; Wills and Administration ; Bonds ; Bonds and Wills ; Reg-
isters File.
This file contains original wills entered for probate in the county c6 and
certified copies of wills probated elsewhere which relate to real estate
located in the county.B7 The information shown consists of the will num-
ber, decedent’s name, date of death, date will was made, disposition of real
and personal property, names of beneficiaries and fiduciaries, date of pro-
bate, and volume and page in the Will Book where will is recorded.O*
Unfiled Wills. Title varies : Wills Not Compared ; Wills ; Original
Wills not Recorded.
The wills found here are of several types. Some have been probated, but
are waiting to be recorded, others have been recorded, but are not yet
proofread. Both of these types wiil eventually be placed in the file known
as Wills. In other cases wills of deceased persons having no estate are
filed separately.6”
Will Book, dates from the establishment of the county. Title varies :
Wills. .
In these volumes are recorded copies of all wills filed in the record known
as Wills. The information contained is the same as that found in Wills.“’
Index to Will Book, dates from the establishment of the county.
Title varies : Index of Wills ; Register’s Docket-Will BookTIn-
dex ; Decedents’ Index ; Wills and Administration Index.
This Index to the Will Book usually gives the name of the deceased, last
residence, date of death, number of will, and the volume and page where
will is recorded.?’
““1832 P.L. 135 sec. 17 rep. 1917 P.L. 415 sec. 26 but reen. in sec. 11.
“‘1832 P.L. 135 sec. 12 and 1889 P.L. 48 No. 49, both rep. 1917 P.L. 415 sec. 26
but reen. in sec. 15.
@ Every will placed here must remain on file at all times except when it is required
by a higher court for use in litigation.
BB These papers are not found in every county, and where they are found they differ
greatly from county to county.
‘” 1832 P.L. 135 sec. 17 rep. 1917 P.L. 415 sec. 26 but reen. in sec. 11.
‘I In some counties other papers and records are indexed together with wills in a
single index.
REGISTER OF WILLS 265
Executors’ and Administrators’ Papers, dates from the establish-
ment of the county. Title varies : Affidavits of Death ; Administra-
tions ; Applications for Letters and Testamentary.”
Before letters testamentary or letters of administration are granted by the
register, the persons applying for such letters must present a petition veri-
fied by affidavit. This petition shows the residence and citizenship of the
decedent ; place, date, and hour of death ; estimated value of property, both
real and personal; and location of all real estate owned by decedent. In
case of intestacy the petition includes names and addresses of the surviving
spouse and next of kin.i3 A nonresident of the county may not be appointed
executor, administrator, guardian, or trustee unless he files with the reg- .
ister 74 an appointment in writing of a resident of the county upon whom
the service of processes and notices may be made.‘5
Recorded Executors’ and Administrators’ Papers, may date from
the origin of the county. Title varies: Letters of Administration,
Petition ; Letters Testamentary; Petition ; Proof of Death Records.
In a few counties the Executors’ and Administrators’ Papers have been
recorded, either together in a single record, or separately according to the
type of paper.6B
Renunciations, may date from the establishment of the county.
These are renunciations by fiduciaries of the right to administer estates.
They show date, will number, decedent’s name, reason for renunciation,
and signatures of fiduciary and witnesses.?’
Executors’ and Administrators’ Bonds, dates from the establishment
of the county. Title varies : Collateral Bonds ; Foreign Executors’
Bonds; Bond Books; Wills and Administration Bonds.‘R
Filed here are bonds of all administrators ‘O and of all executors who are
II In some counties these records are attached to the wills to which they relate.
ia 1874 P.L. 194 sets. 1, 2 rep. 1917 P.L. 447 sec. 63 but reen. as am. in sec. 2 (d)
am. 1921 P.L. 51 further am. 1937 P.L. 2755 further am. 1939 P.L. 290.
“This may be filed either with the register or the clerk of orphans’ court.
” 1917 P.L. 447 sec. 57(a).
‘“The recording of these papers is not obligatory and therefore this record is seldom
found.
“Renunciations are usually found in Executors’ and -4dministrators’ Papers. In
some counties they are recorded in a Release Book.
“These bonds are often filed with the wills to which they relate.
‘” 1712-13, III St. at L. 14 sec. 1 rep. 1917 P.L.. 363 sec. 34; 1794, XV St. at L. SO
sec. 1 rep. 1917 P.L. 447 sec. 63; 1832 P.L. 135 sec. 24 rep, 1917 P.L. 447 sec. 63 but
reen. in sec. 8(a).
266 COUNTY GOVERNMENT
not residents of Pennsylvania. 8o The information contained in each book
includes dates of bond and filing; names of decedent, administrator or
executor, and surety; amount of bond ; conditions of obligation ; signatures
of witnesses, surety, and executor or administrator; and volume and page
where bond is recorded.
Record of Bonds Filed, may date from the establishment of the
county. Title varies : Administrators’ Bond Book ; Wills and Bonds.
In this book are recorded the bonds filed in Executors’ and Administrators’
Bonds. The information contained is the same.81
Commissions, 1917-.s2
The register of any county may deputize and commission the register of
another county to take necessary affidavits of witnesses to a will. A copy
of this commission must be kept on file by the register of the county where
the will is offered for proof.93
Register’s Court Docket, 183i-74.84
This is a record of proceedings in the old register’s court, showing names
of decedent and parties, a transcribed record of the testimony, and disposi-
tion of case.86
Registers’ Docket. Title varies : Estate Docket ; Registers’ Court
Docket.80
This is a record of proceedings in the granting of letters testamentary and
of administration. It shows names of decedent, beneficiaries, fiduciaries,
and attorneys ; date and place of death ; date of granting letters ; to whom
granted ; and date of probate of wi11.8T
INVENTORIES AND APPRAISEMENTS
Inventories and Appraisements, date from the establishment of the
county.
These are inventories and appraisements of decedents’ estates, showing
8o 1832 PL. 135 sec. 16 rep. 1917 P. L. 447 sec. 63 but reen. in sec. 8(c).
*I These bonds have not always been recorded. In some counties they are found in
the Register’s Docket.
81 These commissions may be found with the wills to which they pertain,
Iw 1917 P.L. 803 No. 306.
“This record has not been preserved in every county. Earlier records may be found
in some counties.
” 1832 P.L. 135 sec. 39 rep. by Const., art. V, sec. 22.
” This is not the same as the record above entitled Register’s Court Docket.
“This record is not found in every county.
REGISTER OF WILLS 267
estate number, decedent’s name and address, an itemized list of his prop-
erty, appraised value, oath and signature of appraiser, and date filed.88
Recorded Inventories and Appraisements, dates from the establish-
ment of the county. Title varies: Inventory and Appraisements;
General Inventories Decedents’ Estates.
These are recorded copies of Inventories and Appraisements and contains
the same information.8Q
Index to Recorded Inventories and Appraisements, dates from the
establishment of the county.s0
This index shows name of decedent, estate number, and volume and page
where inventory and appraisement is recorded.“l
Fiduciaries’ Accounts, recent dates?’
These accounts of fiduciaries show date filed, names of fiduciaries and
decedent, amount realized from sale of estate, itemized list of expenses,
total expenses, balance on hand, fiduciary’s affidavit guaranteeing the car-
rectness of account, and signatures of fiduciary and register.83
.
Registers’ Record Book, 184~4-.“~
This book contains the name of every decedent, time of granting letters
testamentary or of adtninistration, amount of administrator’s bond, names
of his sureties, date when appraisement was filed, date of settlement of
executor’s or administrator’s accounts, amount of debits and credits, and
balance and to whom it is due.Ds
88 Original inventories and appraisements are not kept in every county.
“‘1832 P.L. 135 sec. 15 rep. 1917 P.L. 447 sec. 63; 1885 P.L. 155 No. 121 sec. 1 rep.
1917 P.L. 415 sec. 26 but reen. in sec. 13.
“These are not always indexed separately. Sometimes the index is a part of the
record book itself, and in other cases one index has been made for a number of records
of the register of wills.
a1832 P.L. 135 sec. 15 rep. 1917 P.L. 447 sec. 63; 1885 P.L. 155 No. 121 sec. 1 rep.
1917 P.L. 415 sec. 26 but reen. in sec. 13.
m Accounts of recent dates only are found because the register transmits fiduciaries’
accounts to the orphans’ court, where they are filed by the clerk. In many counties
no accounts of fiduciaries are actually found.
gJ1797, XV St. at L. 543 and 1823 P.L. 286 sec. 1, both rep. 1917 P.L. 447 sec. 63
but reen. in sec. 46(d) ; 1832 P.L. 135 sets. 5, 30 rep. 1917 P.L. 415 sec. 26; 1863 P.L.
341 sec. 1 rep. 1917 P.L. 337 sec. 45; 1917 P.L. 447 sec. 46(a) ; Witman’s A#&,
28 Pa. 376 (1857).
“This record is not found in every county, for it is required only in Mercer and
Washington Counties. The orphans’ court of any other county may order such a book
kept, but in such counties deciding to keep it, it does not always reach back to 1844.
9o 1844 P.L. 527.
268 COUNTY GOVERNMENT
INHERITANCE TAXES
Record of Inheritance Tax Appraisements, 1826.
These are recorded copies of appraisements of decedents’ estates for the
collateral inheritance tax. The information includes the estate number, de-
cedent’s name and address, location and description of decedent’s real and
personal property, itemized list of chattels and their appraised valuation,
total value, name and oath of appraiser, and dates of appraisement and re-
cording.“G
Index to Record of Inheritance Tax Appraisements.
In this record are indexed inheritance tax appraisals which have been re-
corded by the register. It shows name of decedent, estate number, and
volume and page where appraisal is recorded.07
Inheritance Tax Docket, 1826.
A record of inheritance taxes due and paid on decedents’ estates, showing
name and address of decedent; date of death; date and character of letters
granted ; names of fiduciaries, attorneys, and appraisers ; appraised value
of estate; amounts subject to taxation; any deductions, abatements, or
penalties; dates and amounts of payments, and estate number.ss
Tax Due Index.
A record of inheritance taxes due, showing name and last residence ‘of de-
cedent, date of death, name and address of executor or administrator,
amount of estate, and volume and page of its recording in the Inheritance
Tax Docket.Qe
Inheritance Tax Receipts Stubs.
The receipt stubs of inheritance taxes paid are found here. Each stub
shows the date, name and last address of decedent, appraised value of
estate, amounts subject to taxation, deductions, and amount paid.loO
Appraisers’ Expenses, Receipt Stubs, various dates prior to 1927.1°1
These are the stubs of the receipts for expenses paid to inheritance tax ap- - ” 1826 P.L. 227 sec. 2; 1849 P.L. 570 sec. 15 and 1855 P.L. 425 sec. 3 both sup.
1887 P.L. 79 sec. 14 rep. 1919 P.L. 521 sec. 47 but reen. in sec. 14 am. 1923 P. L.
1078 sec. 2.
“These appraisements have not been indexed in every county.
88 This docket is kept so that the register will have the information which he needs
for the reports which he must make to the Department of Revenue, 1844 P.L. 564 sec.
3 SUP. 1887 P.L. 79 sec. 9 rep. 1919 P.L. 521 sec. 47; 1850 P.L. 170 sec. 4 sup. 1887
P.L. 79 sec. 19 rep. 1919 P.L. 521 sec. 47 but reen. in sec. 23; 1929 P.L. 343 sec. 608.
*‘In a few counties this recor.d is kept as a matter of convenience.
1w These stubs are not kept on file in every county.
la After 1927 these appraisers were State employees, 1927 P.L. 727.
REGISTER OF WILLS 269
praisers. The information contained includes date ; stub number ; names
of decedent, appraiser, and register; location of estate; days of service by
appraiser ; rate per day ; travel expenses ; amounts ; totals ; and date paid.‘“’
Register’s Monthly Reports, 1844--.‘03
In a few counties the register has kept duplicate copies of his monthly
reports to the State of inheritance taxes collected. Each report gives the
following information: date, amount of tax, name of estate, amounts of
other State taxes collected, total collected, deductions, amount of return,
and register’s signature.‘04
VITAL STATISTICS
Marriage Register, 1852-55.106
This record shows all marriages performed ,within the county. The in-
formation contained for each marriage is as follows: names of parties and
their parents ; occupation, birthplace, and residence of husband ; ‘time when
the marriage was contracted ; name and location of district where marriage
ceremony was performed; names of person performing ceremony and wit-
nesses to it ; dates of certificate and registration; and signature of register
or deputy.lo6
Birth Register, 1852-55.
This is a record of all births occurring in the county, showing name, sex,
color, birth date and birthplace of child ; parents’ names and place of resi-
dence ; father’s occupation ; and date recorded.‘*?
Death Register, 1852-55.
All deaths occurring in the county are here recorded. This record shows
name, color, sex, age, occupation, and marital status of the deceased, dates
and places of birth, death, and interment, his father’s name ; his mother’s
name, if he was a minor; duration of last illness; cause of death, and date
recorded.lo8
‘Oz These stubs are not kept in every county.
lo3 The keeping of these reports is not obligatory. They will probably never be found
for the entire period since 1844.
lo4 1844 P.L. 564 sec. 3 sup. 1857 P.L. 79 sec. 9 rep. 1919 P.L. 521 sec. 47; 1850 P.L.
170 sec. 4 sup. 1887 P.L. 79 sec. 19 rep. 1919 P.L. 521 sec. 47 but reen. in sec. 23;
1929 P.L. 343 sec. 608.
‘OS In many counties these old records have not been preserved.
lw 1852 P.L. 2 rep. 1855 P.L. 4.
‘Oi Ibid.
am Ibid.
270 COUNTY GOVERNMENT
FINANCIAL TRANSACTIONS
Register’s Fee Book, lSlO---. Title varies: Day Books; Daily
Sheets.
This is an account of fees earned by the register of wills, showing names
of payer and estate, service.rendered, amount of fee and State tax received,
and amount of fee due register from the county.10D
MISCELLANEOUS
Personal Property Reports, 1935-. Title varies: Copy of Inven-
tory and Appraisement Taxable as Personal Property by the Com-
monwealth.llo
These are statements made by executors and administrators of all items
in their possession which may be subject to personal property tax. A copy
of this record is sent to the’Department of Revenue.‘l’
Foreign Fiduciaries’ Affidavits, 1917-.
Before a fiduciary not residing in Pennsylvania may transfer, assign, or
receive dividends of any corporate body located in the Commonwealth and
before he may transfer, assign, or receive satisfaction on any mortgage on
Pennsylvania real estate, he must file an affidavit with the regis’ter that the
decedent is not indebted to anyone in Pennsylvania and that the proposed
action is not for the purfiose of removing any of the decedent’s assets be-
yond the reach of any of the creditors in the CommonWealth.
Register’s Minute Book, 1856-1917.118
In this book the register showed all papers which were filed in his ofice,
all collateral inheritance taxes paid, and on what estate they were levied.‘14
Widows’ Elections, 191 L-17.1x5
These are elections of a surviving spouse to take under or against a will.“’
‘W1810, 5 Sm.L. 105 sets. 1, 2 sup. 1830 P.L. 169 sec. 7 required an annual copy of
these accounts to be sent to the Auditor General; 1868 P.L. 3 sec. 8 par. 7 am. 1901
P.L. 175 sup. for counties of more than 150,000 population by 1876 P.L. 13 sec. 2;
1874 P.L. 125 sec. 1 am. 1921 P.L. 69 iurther am. 1937 P.L. 2786 applies to counties
under 150,000 population.
llD These reports are kept either by the register of wills or the clerk of orphans’ court.
‘I1 1935 P.L. 414 sec. 11.
lL1 1917 P.L. 447 sec. 58(c) am. 1925 P.L. 598 further am. 1927 P.L. 427 further am.
1929 P.L. 1235.
l”These minute books have been preserved in very few counties.
U’1856 P.L. 458 sec. 4 rep. 1917 P.L. 415 sec. 26
‘I6 These papers are often filed with the wills to which they relate.
II0 1911 P.L. 79 rep. 1917 P.L. 403 sec. 27 but reen. as am. in sec. 23. since 1917
these papers have been filed with the clerk of orphans’ court rather than the register.
.
IX
CLERKOF ORPHANS' COURT
Evolution and Structural Organization. An orphans’ court, to be pre-
sided over by the regular justices of the county court, was established in
every county in 1683. It was to take care of “the estates, usage, and em-
ployment of orphans.” 1 Subsequent laws have continued to provide for
the orphans’ court, the functions of which have been held as part of the
jurisdiction of the other courts .2 The Constitution of 1874 gives the Gen-
eral Assembly the power to create in any county a separate orphans’ court
with one or more judges of its own. In any county with more than 150,000
inhabitants the General Assembly must establish such a distinct orphans’
court3 An act of 1874 set up a separate orphans’ court in Philadelphia,
Allegheny, and Luzerne counties,l and subsequent laws have established
them in Berks,5 Schuylkill,@ Westmoreland: Montgomery,s Lancaster,8
Lackawanna,lO Fayette,? CambriaP Washington,13 Delaware,14 Erie,16
LehightB York,‘? and Dauphin I8 counties.
‘Laws of the Assembly, March 10, 1683, in Charter to Wdium Penn, p. 131 ch.
LXXVII; The Petition of Right, June 1, 1693, in Charter to William Penn, p. 205 ch.
XLII.
* 1700, II St. at L. 81 ch. LX111 rep. 1701, II’St. at L. 142 but reen. 1701, II St. at
L. 148 sec. 8 sup. 1712-13, III St. at L. 14 rep. 1917 P. L. 363 sec. 24; 1806 P. L.
334 sec. 23 sup. 1832 P.L. 190 sets. 1, 3 rep. 1917 P.L. 363 sec. 24 but reen. as am. in
sec. 1; 1874 P.L. 206 sec. 2 rep. 1917 P.L. 363 sec. 24 but reen. as am. in sec. 1.
a Const., art. V, sec. 22.
’ 1874 P.L. 206 sec. 2.
’ 1883 P.L. 97.
6 1895 P.L. 31.
’ 1901 P.L. 71 No. 41.
‘ 1901 P.L. 17.
’ 1901 P.L. 655.
lo 1901 P.L. 657.
= 1907 P.L. 260.
m 1919 P.L. 372.
“1919 P.L. 736.
I’ 1921 P.L. 121.
=1921 P.L. 1075.
‘B1931 P.L. 931.
lr 1937 P.L. 622.
” 1937 P.L. 972.
271
272 COUNT’ GOVERNMENT
Despite the early origin of the orphans’ court, there was 110 definite
legislative sanction for the commissioning of a clerk for it until 1834.‘”
Nevertheless, since the clerk of orphans’ court is referred to in a number
of earlier laws,*’ this officer must actually have existed as such prior to
1834. His duties, however, seem to have been performed by the prothono-
tary or the clerk of courts.
Originally clerks of all courts were selected by the Governor from nom-
inations made by the justices of the peace who made up those courts.Y’
The Constitution of 1790 vested their appointment in the Governor alone *’
and the Constitution of 1838 made the clerks of all the courts elective
officers with a 3-year term.Z3 Similar provisions are included in the present
constitution, but the tenure of office, like that of all elected county officers,
was increased to 4 years by an amendment of 1909.‘4
There has always been a close connection between the offices of pro-
thonotary, clerk of the court of quarter sessions, clerk of orphans’ court,
register of wills, and recorder of deeds, and in many cases one of these
officers holds more than one of these positions. At first the appointing
agent itself determined how the offices were to be combined in each county.
The Constitution of 1838, however, provided that the legislature should
decide for each county which of the offices should be held by one man and
among how many persons the five offices should be divided.25 A year later
the law fulfilling these requirements was passed 2o an&it is still in effect
in those counties to which there i’s not applicable a more recent conflicting
law.*? The most important of these is the constitutional requirement that
in every county with a separate orphans’ court, the register of wills acts as
Is 1834 P.L. 333 sec. 23 ; 1834 P.L. 333 sec. 56 rep. 1917 P.L. 363 sec. 24 but reen. in
sec. S(b-1).
1o Const., of 1790, art. VI, sec. 3; 1705-6, II St. at L. 199 sec. 3; 1779, X St. at L.
39 sec. 3; 1783, X St. at L. 22 sec. 2 rep. 1785, 2 Sm.L. 14; 1795, XV St. at L. 359
SWS. 1, 2, 1794, XV St. at L. 80 sec. 20 rep. 1917 P.L. 447 sec. 63; 1812, 5 Sm.L. 309;
1821, 7 Sm. L. 367 sec. 8; 1825 P.L. 172 sec. 1.
” Charter of Privileges, 1701, art. III, in Fede~~l and State Comtitutio;~s, V, 3076-
3081; 1715, III St. at L. 53 sec. 9.
“Const. of 1790, art. II, sec. 8, art. VI, sec. 3.
” Const. of 1538, art. VI, sec. 3.
” Const., art. XIV, sec. 2 as am. 1909.
” Const. of 1838, art. VI, sec. 3.
*’ 1839 P.L. 559 sec. 2.
” 18% P.L. 462; 1901 P.L. 559 am. 1923 P.L. 155 but rep. 1929 P.L. 1278 sec. 1051
but reen. in sec. 222; 1911 P.L. 538.
CLERK OF ORPHANS’ COURT 273 ’
clerk of that court.fs The General County Law has set bp an arrangement
of offices which may be followed by any county for which the court of
common pleas decides favorably. According to this systetn the clerk of
orphans’ court is also register of wills in third, fourth, and fifth-class coun-
ties. In sixth and seventh-class counties he acts as recorder of deeds as
well as register of wills, and in eighth-class counties, one man holds all
five offices. Counties not desiring to follow these provisions continue to
use the system set up for them in the act of 1539 and its amendments,
subject to any changes made by other acts prior to 1929.*’
Like all county officers, the clerk of orphans’ court must be an American
citizen and a resident of the county for at least a year before assuming
office.3” Vacancies are filled by the Governor to hold office until a new
clerk is chosen in the first municipal election to take place 2 or more months
after the occ>rrence of the original vacancy.31 No person holding office
under the United States may be clerk of orphans’ court at the same time.“*
While in office the clerk may not also be a justice of the peace 33 or a
county treasurer.3’ He is not allowed to be county controller either during
his term of office or for 2 years afterward.s” He may not practice as an
attorney in the orphans’ court 38 and he is exempt from military service.“’
Before assuming office the clerk must take an oath $’ and give a bond.3R
In seventh and eighth-class counties he is paid by fees. If he receives more
than $4,000 in fees in any 1 year, one-half the excess must be turned over
28Const., art. V, sec. 22; 1874 P.L. 206 sec. 5 am. 1887 P.L. 22 further am. 1897
P.L. 3.5 further am. 1909 P.L. 431 further am. 1915 P.L. 41 further am. 1921 P.L. 1108
further am. 1923 P.L. 317 further am. 1927 P.L. 717 further am. 1929 P.L. 1633 rep.
1931 P.L. 401 sec. 26; 1889 P.L. 52 No. 55 rep. .1929 P.L. 30 No. 27: 1917 P.L.
363 sec.‘8(a).
” 1929 P.L. 1278 sec. 221 am. 1933 P.L. 950 No. 186.
‘” Const., art. XIV, sec. 3.
.9X 1929 P. L. 1278 sec. 60 am. 1931 P.L. 401 sec. 1.
m 1812, 5 Sm.L. 309 sup. 1874 P.L. 186 sets. 8-12 rep. 1929 P.L. 1278 sec. 1051 but
reen. in sec. 5.
” 1874 P.L. 186 sec. 4; 1929 P.L. 1278 sec. 223.
” 1841 P.L. 400 sec. 3 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 142.
a’ 1895 P.L. 403 No. 288 sec. 2 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 132.
” 1834 P.L. 333 sec. 75; 1929 P.L. 1278 sec. 223.
” 1887 P.L. 23 sec. 110 sup. 1899 P.L. 266 sec. 2.
” Const., art. VII, sec. 1 ; 1705-6, II St. at L. 267 sec. 2; 1834 P.L. 333 sec. 76:
1929 P.L. 1278 sec. 53.
“1830 P.L. 272 sec. 9; 1834 P.L. 333 sec. 76; 1929 P.L. 1278 sec. 225.
274 C’OUNTY GOVERNMENT
to the county treasurer for the use of the Commonwealth.*” A report of
fees received must be sent to the Department of Revenue.41 In the other
counties the clerk of orphans’ court receives an annual salary, which ranges
from $2,000 in sixth-class counties to $4,000 in third and fourth-class coun-
ties.. Provisions are made for higher salaries in certain cases if the clerk
holds one or more additional clerical offices.**
The Constitution of 1874 first permitted the clerk of orphans’ court to
appoint assistant clerks with the approval of the court.43 Every clerk must
select a chief deputy to perform his duties when he is absent. When the
office of clerk of orphans’ court is vacant, the one designated as first deputy,
after posting a bond acceptable to the court of common pleas, may dis-
charge any of the duties of his principal until a successor has’been ap-
pointed.44 Whenever the pressure of business in the orphansbcourt makes
it necessary, the clerk may appoint enough extra deputies to care properly
for the work at hand.45 The compensation of all deputies is fixed by the
salary board or by the clerk himself if there is no salary board.46
Powers and Duties. Custody of the records and the seal of the orphans’
court is vested in the clerk who performs all the duties pertaining to the
office under the direction of the court .4T If the judge of orphans’ court is
unable to attend court, the clerk adjourns it from day to day.48 He signs
“1810, 5 Sm.L. 105 sets. 1, ‘2; 1868 P.L. 3 sec. 8 par. 7 am. 1901 P.L. 175 sec. 1;
1874 P.L. 125 sec. 1 am. 1909 P.L. 77 further am. 1921 P.L. 69 further am. 1937 P.L.
2782; Comm. v. Conway, 12 Pa. C. C. 630, 2 Dist. 429 (1893). . .
a 1929 P.L. 343 sec. 901.
” 1876 P.L. 13 sec. 13 am. 1881 P.L. 21 further am. 1887 P.L. 301 further am. 1901
P.L. 641; 1876 P.L. 13 sec. 14 am. 1895 P.L. 424; 1923 P.L. 944 sec. 1 am. 1931
P.L. 560; 1923.P.L. 1054 sec. 11 am. 1925 P.L. 380. s
c1 Con&, art. V, sec. 22; 1874 P.L. 206 sec. 5 am. 1887 P.L. 22 further am. 1897
P.L. 35 further am. 1909 P.L. 431 further am. 1915 P.L. 41 further am. 1921 P.L. 1108
furtrher am. 1923 P.L. 317 further am. 1927 P.L. 717 further am. 1929 P.L. 1633 rep.
1931 P.L. 401 sec. 26; 1889 P.L. 52 No. 55 rep. 1929 P.L. 30 No. 27; 1917 P.L. 363
sec. 8(a).
H 1874 P.L. 43 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 224 am. 1931 P.L. 401
sec. 1 further am. 1933 P.L. 952; 1929 P.L. 1278 sec. 59 am. 1931 P.L. 401 sec. 1;
1923 P.L. 944 sec. 3 applies only to sixth-class counties ; Attovzey General’s Opkions,
vol. 1891-94, pp. 462, 463.
* 1875 P.L. 25 sec. 2.
” 1929 P.L. 1278 sec. 224 am. 1931 P.L. 401 sec. 1 further am. 1933 P.L. 952; 1923
P.L. 944 sec. 5 am. 1933 P.L. 250 No. 88.
” 1834 P.L. 333 sec. 56 rep. 1917 P.L. 363 sec. 24 but reen. in sec. 8(b-1).
u1 1834 P.L. 333 sec. 64.
CLERK OF ORPHANS’ COURT 275
and affixes the seal of the court to all writs issued by it and to all exempli-
fications of the. records and processes of the court.@ The power of admin-
istering oaths and affirmations in conducting the business of the orphans’
court also belongs to the clerk.60
The clerk has several miscellaneous responsibilities. In arbitration cases
where the prothonotary is a party to a suit, he may perform the prothono-
tary’s duties. 61 He estreats to the State all fines paid into the court,52 and
periodically sends to the Commonwealth all money due the State.63 In
certain cases the orphans’ court may order the clerk to execute and deliver
the deed or mortgage to land sold or mortgaged by order of the court.5’
Since 1937 trials by jury may be held in orphans’ court, with approval
of the court of common pleas. At the completion of such trials, the clerk
certifies the verdict or judgment to the prothonotary, who files and
dockets it.66
The clerk of orphans’ court issues marriage licenses.66 When a minor
applying for a license has no parent or guardian to give consent, the judge
of orphans’ court appoints a guardian just for that purpose. At that time,
if the judge is not accessible, the clerk is authorized to name someone as
guardian.57 No one under 16 years of age may be married even with
parental consent, except in special cases when the judge may authorize the
clerk of orphans’ court to grant a license. 58 Whenever the clerk refuses to
issue a license he must certify the proceedings to the orphans’ court.6Q
The clerk is the agent for the Commonwealth for the collection of marriage
license fees, which he sends to the State Treasurer through the Department
of Revenue.so
“Ibid., sec. 77.
w 1834 P.L. 333 sec. 77; 1859 P.L. 194 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen.
in sec. 226.
‘I 1825 P.L. 172 sec. 1 sup. 1836 P.L. 715 sec. 36; Kerns v. Hwtsinger, 2 Leg. Rec.
79 (1881).
u 1783, 2 Sm.L. 84 sec. 5; 1818 P.L. 273, 7 Sm.L. 120 sec. 1.
OS 1859 P.L. 561 sec. 1 sup. 1893 P.L. 1’25 sec. 1.
“1917 P.L. 388 sets. 17(a), 18, 1917 P.L. 447 sets. 16(j-1, k), 18 (f).
” 1917 P.L. 363 sec. 21(d) added 1937 P.L. 2665 am. 1939 P.L. 94.
““1885 P.L. 146 sec. 1 am. 1893 P.L. 27 further am. 1895 P.L. 202.
” 1885 P.L. 146 sec. 3 am. 1887 P.L. 170 No. 105 further am. 1903 P.L. 80 further
am. 1905 P.L. 58 further am. 1915 P.L. 636.
= 1927 Y.L. 64 No. 44.
“1913 P.L. 1013 sec. 4.
m 1929 P.L. 343 sec. 612.
276 COUNTY GOVERNMENT
In some cases the duties of the clerk are not clearly distinguished from
those of the register of wills. For example, either the clerk or the register
gives written notice to interested. parties of the filing of fiduciaries’
accounts.F1
Records. Most of the duties of the clerk of orphans’ court are concerned
with the keeping of records. Many of his record-keeping duties are pre--
scribed by law. Every orphans’ court, however, is empowered to make rules
regulating procedure before it and the conduct of its officers. In many cases
some of these rules deal with the keeping of records by the clerk of orphans’
court. They often stipulate that the records required by law be placed
under more specific and less general headings. To be sure of the form ’
of the records in any particular county, it is necessary, therefore, to con-
sult the court rules of that county. Moreover, a number of the records of
the clerk of orphans’ court are kept merely as a matter of convenience.
The clerk has custody of all the records of orphans’ court, and must keep
them at the place of holding the court.6” He is obliged to keep two indexes
for every book of record in his office.OR The power of determining the
mode of keeping indexes belongs to the court of common pleas O4 except
where there is a separate orphans’ court. In counties where the latter
situation exists, the orphans’ court itself has this power.F5 In such cases
all orders and directions of the orphans’ court by virtue of this power must
be entered in full on the records of that court.K0
MINUTES
Orphans’ Court Minute Bo0k.O’
Minutes of the sessions of the orphans’ court, showing the court term and
case number, date and time of meeting, names of judge and parties in-
volved, and business transacted.“8
8X 1917 P.L. 447 46(c). sec.
*‘1834 P.L. 333 sec. 56 1917 P.L. 363 sec. 24 but reen. in sec. rep. 8(b-1).
81 1827 P.L. 154 5-7. sets.
“’ 1876 P.L. 43 1 1927 P.L. 121 No. 87; 1891 P.L. 129 sec. rep. sec. 1.
” 1878 P.L. 43 5 1927 P.L. 121 No. 87; 1891 P.L. 129 5 1929 P.L sec. rep. sec. am.
776 No. 327. From I878 until 1891 and since 1929 the orphans’ court alone possesses
this power, but from 1891 until 1929 is was exercised jointly by the court of common
pleas and the orphans’ court.
“1878 P.L. 43 sec. 6 1927 P.L. 121 No. 87; 1891 P.L. 129 sec. 6. rep.
“In some cases these minutes are a part of the Common Pleas Minute Book.
Bp There are no statutes requiring the keeping of a minute book. In some counties
it is kept as a matter of convenience and in others because of the provisions of court
rules.
CLERK OF ORPHANS’ COURT 277
TRIAL AND ARGUMENT LISTS
Trial Lists. Title varies : Orphans’ Court Scratcher; Motion List.
This is a list of all cases scheduled for tiial in orphans’ court. It shows the
court term and case number, date of trial, decedent’s name, and cause of
actiOn.so
Argument Lists.
A record of arguments held in orphans’ court in connection with estates
of decedents, showing the court term and case number, names of decedent
and attorneys, date of filing exception, and reason for argument.?O
PAPERS AND DOCKETS
Orphans’ Court Papers, dates from the establishment of the county.
Title varies : Estates, 0. C. ; Estate Files ; Miscellaneous, Orphans’
court.
This consists of the papers filed in proceedings before the orphans”court,7’
showing the date ; estate number ; names of decedent, parties, and attorneys ;
court term and case number; character of the paper; affidavits; notarial
and official seals; and signatures. Numerous types of papers are found
here.72 They include petitions for the appointment of auditors,73 applica-
tions to vacate letters testamentary,i4 petitions for the appointment of
trustees to take charge of absentees’ estates,76 and requests for an account-
ing by a guardian. Te In addition there are found here petitions asking the
court to declare a person legally dead ” and to accept the will of such a
person.is Other papers include elections 7s to take real estate instead of
“These lists are not found in every county. Sometimes there are court rules re-
quiring that they be kept.
“Where these lists have been kept it is either for the sake of convenience or because
of the terms of court rules.
‘* 1834 P.L. 333 sec. 56 rep. 1917 P.L. 363 sec. 24 but reen. in sec. S(b-1).
“In many counties one or more of the types of papers usually kept with Orphans’
Court Papers may b=e filed separately for all or a part of the period since the estab-
lishment of the county. Examples of these will be noted later.
‘3 1794, XV St. at L. 80 sec. 14 sup. 1832 P.L. 190 sec. 19 rep. 1917 P.L. 447 sec. 63.
i’1829 P.L. 122 sec. 1 sup. 1832 P.L. 190 sec. 27 rep. 1917 P.L. 447 sec. 63.
” 1879 P.L. 21 sec. 1 am. 1905 P.L. 77 rep. 1917 P.L. 447 sec. 63.
iB 1907 P.L. 384 sec. 1 rep. as to orphans’ court 1917 P.L. 447 sec. 63.
” 1913 P.L. 369 sec. 1 rep. 1917 P.L. 447 sec. 63 but reen. in sec. 6(a).
?a 1917 P.L. 447 sec. 6(k).
Ta These elections must be recorded by the recorder of deeds before they are placed
on file.
278 COUNTY GOVERNMENT
legacies *O and to take money instead of real estate.81 When the personal
estate of a decedent does not exceed $500, a petition and an accounting of
the estate are.filed within 6 months by the executor or administrator.82 In
cases where a trustee of an estate has died and the devisees have made an
amicable agreement for the division of the estate, the orphans’ court may
order division of the estate in that manner, and the papers concerned with
the agreement are filed and recorded by the clerk.83 A nonresident of the
county. may not be appointed as a fiduciary unless he files a written appoint-
ment of someone in the county upon whom the service of processes and
notices may be made.s4
Miscellaneous Papers, Title varies : Orphans’ Court Agreement List.
In a few counties special files have been kept of all material in Orphans’
Court Papers which relates to one or more important contests which have
come before the court.85
Orphans’ Court Docket, dates from the establishment of the county.
Title varies : Orphans’ Court Audit Docket ; Continuance Docket.
This is a record of all proceedings in the settlement of estates. It shows
the number and name of the estate; names and addresses of decedent and
attorney ; dates of death, probate, and granting of letters ; inventories,
bonds, accounts, and liens filed ; the approval of guardian or trustee ; date
of audit ; confirmation nisi and absolute ; the title, volume, and page of
docket or book where each paper is recorded ; and disposition of the
matter.se
Index to Orphans’ Court Docket, dates from the origin of the
county.8r
This is an index to the Orphans’ Court Docket, showing the name of de-
“1913 P.L. 908 sec. 1 rep. 1917 P.L. 447 sec. 63 but reen. in sec. 32(a).
‘I 1917 P.L. 447 sec. 32(b).
*‘1915 P.L. 265 sec. 1 rep. 1917 P.L. 447 sec. 63 but reen. in sec. 49(c) am. 1939
P.L. 708. I,f these petitions and accounts are accepted by the court, the final account-
ing is dispensed with and the executor or administrator is discharged.
gg 1923 P.L. 846 sec. 8.
” 1917 P.L. 447 sec. 57(a). This paper may be filed with either the clerk of orphans’
court or the register of wills.
a In rare cases all of one or more types of papers in Orphans’ Court Papers are filed
separately under the proper headings.
841850 P.L. 572 sec. 18 rep. 1917 P.L. 363 sec. 24 but reen. in sec. 8(b-2) am. 1939
P.L. 198.
” In many counties one all-inclusive index has been prepared which is a guide to all
the papers, dockets, and other records in the orphans’ court which pertain to estates.
CLERK OF ORPHANS’ COURT 279
cedent, court term and case number, and volume and page where the matter
is entered in the doCket.8S
Transcripts of Orphans’ Court Papers. Title varies : Miscellaneous
Docket.
In these books have been transcribed various papers filed in connection
with the settlement of estates, such as petitions, elections to take real prop-
erty without concession,8” petitions for allowance, releases or appointments
of guardians, bonds posted, letters granted, court rules and orders, citations,
deeds, powers of attorney, and agreenlents.go
Partition Papers. Title varies : Partition Proceedings, Miscel-
laneous Papers.
Papers filed in partition proceedings are kept here. The information given
includes the court term and case number, names of parties, date and char-
acter of instrument, location and description of property, cause for action,
court orders, costs, fees, schedules of distribution, official seals and signa-
tures, and date filed.81
Partition Docket, 1889-.
In this docket are entered all proceedings in partition in the orphans’ court
from the commencement of the action to the final judgment and decree.OY
It also contains recorded copies of papers filed in partition proceedings,
showing the court term and case number, names of parties, location and
description 6f property, character of the instrument, and date filed.g3
-.
&9 1827 P.L. 154 sees. 5-7.
” 1917 P.L. 403 sec. 23(i) am. 1929 P.L. 648 sec. 2; 1917 P.L. 403(f) added 1939
P.L. 705.
au In some counties these papers are copied directly into the Orphans’ Court Docket;
in others the record of particular types of papers are kept separately.
“I These papers are very seldom filed separately. In most counties they are placed
in Orphans’ Court Papers.
” In some counties a separate Partition Docket was begun before 1889.
*’ 1889 P.L. 23 sec. 1 rep. 1917 P.L. 337 sec. 45 but reen. in sec. 4i. In all partition
proceedings in which anyone is required to give bond, the court may appoint an auditor
to ascertain advancements and to make distribution of the property. But when there
is no auditor, the court determines the amount due to each of the parties concerned.
These details must be recorded. From 1855 until 1889 these matters were recorded
in the Orphans’ Court Docket, and since 1889 in the Partition Docket. 1855 P.L. 214
sec. 1 rep. 1917 P.L. 337 sec. 45 but reen. as am. in sec. 39(a).
280 COUNTY GOVERNMENT
Index to Partition Docket.Q4
The Partition Docket is indexed by placing in alphabetical order both the
names of persons to whom real estate is awarded and those who purchase
real estate before the orphans’ court.8s
BONDS
Bonds Filed in Orphans’ Court, dates vary.OB
A number of bonds are contained here. In very early times the bond of
the deputy register was filed in orphans’ court.07 At present the clerk keeps
bonds posted by executors, administrators, and trustees under whose
charge the sale of decedents’ property is taking place 98 and bonds of
guardians of the estates of minors. QS When a person is given a legacy
from a presumed decedent he must file a bond to guarantee repayment if
the person later reappears alive. loo The clerk also files bonds of heirs to
whom distribution is made before all possible creditors have made their
claims against the estate.lul The information contained includes the names
of decedent, surety, and person under bond ; the bond number ; date, amount,
and conditions of bond ; names of witnesses ; official seals and signatures ;
and date filed.
Record of Bonds Filed in Orphans’ Court. Title varies: Minor
Estate Docket; Real Estate and Bond Book; Guardian Bond Book.
These are recorded copies of bonds found in the file entitled Bonds Filed
in Orphans’ Court. The information found is the same.lo2
“In some counties this index is a part of the Partition Docket.
” 1917 P.L. 337 sec. 42.
=In some counties all of these bonds are filed in one place; in others they are filed
separately according to the type of bond; and in still others they are placed with re-
levant papers, such as in the Orphans’ Court Papers and with reports and accounts
of guardians.
“‘1705-6, II St. at L. 194 sec. 8.
” 1808 P.L. 144 sec. 3 rep. 1917 P.L. 447 sec. 63; 1903 P.L. 106 sec. 1 rep. as far
as it relates to orphans’ courts 1917 P.L. 337 sec. 45 but reen. in sec. 25.
” 1917 P.L. 447 sec. ‘59(g).
IOU1885 P.L. 155 No. 122 sec. 5 am. 1915 P.L. 945 rep. 1917 P.L. 447 sec. 63 but
reen. in sec. 6(h).
lo1 1794, XV St. at L. 80 sup. 1883 P.L. 315 rep. 1917 P.L. 447 sec. 63 but reen. as
am. in sec. 49(b).
‘“‘This record is not found in every county. In some counties all of the bonds are
recorded together in a single book. In other counties separate books are kept of each
type of bond. In still other cases all bonds are recorded in the Orphans’ Court Docket.
CLERK OF ORPHANS’ COURT 281
INVENTORIES AND APPRAISEMENTS
Inventories and Appraisements, dates from the establishment of the
county.
The clerk of orphans’ court files all inventories and appraisements relating
to matters under the jurisdiction of the orphans’ cpurt.lo3 These papers
show the court term and case number ; names of decedent, appraisers, and
fiduciaries; location and description of property; itemized statement of
assets and liabilities ; total valuation ; date filed ; and official seals and
signatures.‘04
Inventory and Appraisement Docket. Title varies : General Inven-
tories Decedents’ Estates.
In this book are placed recorded copies of the inventories and appraisements
filed in the office of the clerk of orphans’ court. The information contained
is the same as in the record entitled Inventories and Appraisements.lo5
Widows Appraisement.
This is a record of the appraisements filed by a surviving spouse electing
to take against the will. The information shown includes the court term
and case number, names of decedent and surviving spouse, date of ap-
praisal, valuation of all personal property, appraisers’ signatures, and dates
filed and approved.loc
FIDUCIAiIES’ ACCOUNTS
Accounts, dates from origjn of the county. Title varies : Discharge,
Appointment of Successor.1o7
The clerk of orphans’ court files all accounts pertaining to matters under
the jurisdiction of the orphans’ court.‘os Accounts of guardians!Og and
‘OS 1701, II St. at L. 148 sec. 9; 1705-6, II St. at L. 199 sec. 1; 1515 P.L. 173 sec. 1
rep. 1917 P.L. 429 sec. 28; 1832 P.L. 190 sec. 9 rep. 1917 P.L. 447 sec. 63 but reen.
in sec. 46 (d) .
lo* These inventories and appraisements are often placed with Orphans’ Court Papers,
rather than in a separate file.
‘“’ These papers are often recorded in Orphans’ Court Docket.
‘“’ In most counties these papers are recorded in Inventory and Appraisement Docket
or in Orphans’ Court Docket.
loTIn some counties these papers are not filed separately but are kept in Orphans’
Court Papers.
‘“1701, II St. at L. 148 sec. 9; 1705-6, II St. at L. 199 sec. 1; 1815 P.L. 173 sec.
1 rep. 1917 P.L. 429 sec. 28; 1832 P.L. 190 sec. 9 rep. 1917 P.L. 447 sec. 63 but reen.
in sec. 46(d).
‘“1821 P.L. 153 sec. 3 rep. 1832 P.L. 190 sets. 10, 13 rep. 1917 P.L. 447 sec. 63
but reen. in sec. 59(h, j-l).
282 COUNTY GOVERN1 dENT
trustees Ilo are placed on file every 3 years or oftener. These act
- show the estate number; date filed; names of decedent and fiduciary;
ized list of assets, liabilities, receipts, expenditures, and balance ;
examined and approved; and official seals and signatures.
Account Docket. Title varies : Audit Docket ; Executors’, AdI
trators’,-Guardians’, Trustees’ Accounts ; Auditors’ Report Or1
Court.
In these books the clerk records all accounts of fiduciaries and all rl
of auditors appointed by the court.*ll He omits only the testimony at
documents accompanying it and those accounts and parts of reports
the court declares need not be recorded here.‘]”
:ounts
item-
dates
ninis-
Ihans’
eports
Id the
which
RECORDS OF APPEALS
Appeals from Register. Title varies : Register’s Citations.
Appeals to the orphans’ court from the register’s decisions on probated wills
are filed here.l13 The information shown consists of the decedent’s name,
date letters were granted, file number of wills, court term and case number,
the issue to be decided, attorneys’ names, and disposition.‘14
Supreme Court Papers.
These are the papers filed in cases appealed to the Supreme Court. They
show the court term and case number; names of estate, attorneys, heirs,
and fiduciaries ; disposition by‘ orphans’ court ; dates case was appealed and
returned ; disposition by Supreme Court ; and official seals and signatures.‘15
RECORDS OF DISTRIBUTION OF ESTATES
Orphans’ Court Distribution Docket. Title varies : Auditors
port, Adjudication Docket.
A record of the distribution of decedents’ estates by court order, she
““1917 P.L. 447 sec. 46(g, h).
‘I1 1850 P.L. 572 sec. 1X rep. 1917 P.L. 363 sec. 24 but reen. in sec. S(b-2) an
P.L. 19s.
ll*These papers are sometimes recorded in Orphans’ Court Docket.
‘I8 1832 P.L. 135 sec. 31 rep. 1917 P.L. 415 sec. 26 but reen. as am. in sec. ;
1917 P.L. 363 sets. 9(m), 21(a).
‘I’ These papers are seldom filed separately, but are usually found in Orphans’
Papers.
“’ In most counties these papers are filed in Orphans’ Court Papers.
’ Re-
Iwing
!l(a) ;
Court
CLERK OF ORPHANS’ COURT 283
the date ; names of decedent, fiduciaries, heirs, and claimants ; amount of
assets ; receipts and disbursements ; and date returned.“’
Orphans Court Distribution Opinions and Decrees, recent dates.
The original decrees and opinions of the court for the distribution of de-
cedents’ estates showing the court term, date, caption of the case, opinion,
and judge’s signature.l17
Receipts for Shares of Estates. Title varies: Lldministrators’ and
Executors’ Receipts.
The original signed receipts given to administrators and executors by in- I dividuals sharing an estate are found here.“lY
RECORDS OF ORPHANS’ COURT SALES
Petitions for Sales. Title varies: Order of Sales.
These are the petitions filed by administrators for the sale of a decedent’s
property. They show the date ; court term and case number ; names of the
decedent and administrator ; date of decedent’s death; location, description,
and appraisal valuation of property ; and the assets and liabilities.“0
Orders for Sales.
These are the actual orders for sales in partition proceedings. The informa-
tion shown includes the court term and case number, name of estate, loca-
tion and description of property, and date and order of the court.1Z0
Real Estate Sales Docket.
This docket contains a transcript of petitions of executors and adminis-
trators to sell decedents’ real estate at phblic or private sale for the pay-
ment of debts. It shows the name of executor or administrator, date ap-
“‘A Distribution Docket is not kept in every county. In some counties this informa-
tion is entered in the Orphans’ Court Docket, and in other counties it is found in the
Account Docket.
I” These papers are often kept separately until the case is finally disposed of. Then
they are filed in Orphans’ Court Papers.
‘Is In most ‘counties these papers are filed in Orphans’ Court Papers.
‘la These petitions are usually simply filed in Orphans’ Court Pampers. But when
they are kept separately as is shown here, the resultant court order is often attached
to the petition to which it pertains.
‘%‘These are filed separately in very few counties. Usually they are merely placed
in Orphans’ Court Papers.
1
284 COUNTY GOVERNMENT
pointed, names of decedent and heirs, description and value of real and
personal property, the portion to be sold, list of the decedent’s debts with
amount and name of creditor, the court decree, and the judge’s name.lzl
MISCELLANEOUS ESTATE PAPERS lz2
Fiduciaries’ Releases. Title varies : Discharge.
These are the petitions for release and the resultant agreements between
beneficiaries and fiduciaries releasing fiduciaries from further obligations
or duties. They show the date, decedent’s name, trust from which the
fiduciary is released, and signatures of beneficiaries and fiduciaries.
Petit&s for the Appointment of Guardians and Trustees. Title
varies: Appointment of Guardian or Trustee.
The petitions asking for appointment of guardians or trustees for estates
are filed here. Each petition shows the court term and case number; date
filed; names of estates, heirs, and petitioners; and official seals and
signatures.
Petitions by Guardians. Title varies : Maintenance.
These are the papers filed by guardians requesting an increase in the amount
allowed for maintenance of their wards. The information contained in-
cludes the court term and case number; names of the estate, ward, and
guardian ; amounts allowed and increase requested ; resultant court decrees ;
official seals and signatures; and date filed.
VITAL STATISTICS PAPERS
Marriage License Applications, 1885-. Title varies : Marriage
Licenses ; Marriage Licens& Docket.lz3
Filed here are the actual applications for marriage licenses. Every applica-
tion is made in writing and contains the following information: full name,
color, occupation, birthplace, age, and residence of each party ; and a record
of any previous marriage or marriages of either party. Also found on
each application are statements that neither party has a transmissible dis-
ease, and that the male applicant is physically able to support a family and
has not within the previous 5 years been an inmate of a home for the in-
I** This is found as a separate record very rarely. The information contained here is
usually entered in the Partition Docket.
“‘In almost erery county the papers under this heading are filed in Orphans’ Court
Papers.
I” In some counties these are erroneously given the title Marriage License Docket.
CLERK OF ORPHANS’ COURT 285
digent. Any other information may be asked which is necessary to de-
termine whether there are legal prohibitions against the proposed mar-
riage.12* Since 1903 no one under 21 years of age may receive a marriage
lice&e without the consent of a parent or guardian. These consent cer-
tificates must be filed, and since the forms for them are usually a part of the
applications, they are generally found here.lz6
Marriage License Returns, 1885-. Title varies: Duplicate Mar-
riage Certificate.
A marriage license is divided into three sections. The first, known as the
license, gives authority for the marriage to be performed. The second sec-
tion is the original marriage certificate, which is filled out by the person who
officiated at the marriage and is given to the married couple. The third part
is the duplicate certificate which is returned by the officiant to the clerk
of orphans’ court who files it here. The information found includes the
date of marriage, license number, names and addresses of parties, and
signature of official who performed the ceremony.126
Medical Certificates, 1940-.lzl
Since May 17, 1940, the clerk has not been permitted to issue a marriage
license until both parties file a physician’s report showing that they have
satisfactorily submitted to a blood test. Along with this report is a certifi-
cate from the laboratory where the test was nlade.12s
Marriage License Docket, 1885-. ’
This book, a public record, contains a complete record of all marriage
licenses issued by the clerk. Recorded here is every application for a mar-
riage license lzo and the papers. pertaining to it, such as the certificate of
mr 1885 P.L. 146 sec. 3 am. 1903 P.L. 80 further am. 1905 P.L. 58 further am. 1915
P.L. 636; 1913 P.L. 1013 am. 1935 P.L. 152. rThere is no requirement that these
original applications be preserved, since they are recorded in the Marriage License
Docket. They are kept on file in most counties, however.
la6 1885 P.L. 146 sec. 3 am. 1903 P.L. 80 further am. 1905 P.L. 58 further am. 1915
P.L. 636. Occasionally they are filed separately and entitled Consent to Marriage.
lz’ 188.5 P.L. 146 sec. 4.
lh These papers must be filed separately from the marriage license applications and
must be considered as absolutely confidential by any officer or employee who sees them.
128 1939 P.L. 148 sets. 1, 4, 7. Sec. 7 provides that the law becomes effective 1 year
after the date of final enactment.
m 1885 P.L. 146 set 2; 1895 P.L. 99 No. 71; 1913 P.L. 1031 sec. 1 am. 1935 P.L. 152.
286 COUNTY GOVERNMENT
the parent’s or guardian’s consent,“L” and the marriage certificate as re-
turned by the person who performed the ceremony.“”
Index to Marriage License Docket, lSS5-.
This index to the Marriage License Docket shows the names of the parties,
license number, and volume and page in the Marriage License Docket
where the date is recorded.13*
Petitions for the Appointment of Guardians for the Consent of a
Marriage.
These are the petitions for the appointment of a guardian to give consent
to a minor’s marriage. The information contained includes the court term
and case number;. minor’s name and date and place of birth; names of
minor’s parents and intended spouse; affidavits and signatures of the minor,
guardian, and minor’s relative ; date when petition was approved by the
court; and signature of clerk of orphans’ court.‘33
Birth Register, 1893-1905.
This is the register of births prepared from information sent in by the
assessors.‘34 The information shows date of recording; child’s name, sex,
and color ; date and place of birth ; names and address of parents ; and the
father’s occupation.136
Death Register, 1893-1905.
This register is a record of all deaths occurring within the county.*36 Like
the Birth Register, it is based on returns made by the assessors. It shows
the date of recording ; name, color, occupation, sex, age, and marital status
of decedent ; date and place of birth; date, place, and cause of death; names
of decedent’s parents, and date and place, of interment.13’
““1885 P.L. 146 sec. 3 am. 1903 P.L. 80 further am. 1905 P.L. 58 further am. 1915
P.L. 636.
w1 1885 P.L. 146 sec. 4.
‘“‘1827 P.L. 154 sets. 5-7. In some counties this index is not separate from the
Marriage License Docket.
‘33 These petitions are seldom filed separately.
Irr In a few counties this record continues beyond 1905 since the law requiring the
keeping of these records was not specifically repealed until 1915. But in most counties,
since the State ‘began to have charge of vital statistics records in 1906, the counties
ceased keeping them at that time, 1905 P.L. 330.
135 1893 P.L. 340 No. 281 sets. l-3 rep. 1915 P.L. 900 sec. 24.
lSsLike the Birth Register, in a few counties this record was continued after 1906,
until as late as 1915.
“‘1893 P.L. 340 No. 281 sets. l-3 rep. 1915 P.L. 900 sec. 24.
CLERK OF ORPHANS’ COURT 287
ADOPTION RECORDS Ia8
Adoption Papers, 192%. Title varies : Adoption D0cket.l”’
All papers pertaining to adoption cases are filed here. These include the
petitions for adoption and the final decree. The petitions show the peti-
tioner’s name, address, age, and marital status; name of petitioner’s attor-
ney; name of child to be adopted; date and place of his birth; his parents’
names and address ; and the reason for adoption. Other adoption papers
show the date of hearing, objections filed, decree, and order of the court.‘*”
Adoption. Docket, 1925-. Title varies : Adoption Decrees.
This is a record of all proceedings in adoption including a transcript of all
papers filed. The facts shown are the case number, name of the person
adopted, names and address of adopting parents, dates papers were
executed and filed, names of officials attesting the papers, and dates of
decrees.141
Index to Adoption Docket, 1925-.
This index shows the name of the person adopted, original name, name
of adopting parents, date of adoption, case number, and volume and page
where it is recorded in Adoption Docket.14”
ACCOUNTS
Account Book, 1810--. Title varies: Daily Sheets.
This is a daily record of the fees collected by the clerk of orphans’ court,
showing the date, amount of fee, service rendered, name of payer, monthly
total, and amount and date paid to county treasurer.143
‘a In 1925 jurisdiction over adoption was vested in the orphans’ court. Prior to that
date adoption cases were heard in the court of common pleas. Prior records may
therefore be found in the prothonotary’s office. 1893 P.L. 145 and 1901 P.L. 606 sec.
I rep. 1925 P.L. 127 sec. 5.
“‘In some counties the record called Adoption Docket is not a docket, but a file
of adoption papers.
lH) 1925 P.L. 127 sec. 1 am. 1929 P.L. 822 sec. 1; 1925 P.L. 127 sets. 3, 4. In some
counties adoption papers are not kept separately, but are filed in Orphans’ Court
Papers.
“I A separate Adoption Docket is not kept in every county. Even some of the coun-
ties which keep a special file of adoption papers do not have this record. Where this
docket is not kept, the facts here contained are found in Orphans’ Court Docket.
I’* The Adoption Docket is not always indexed separately.
lw 1810, 5 Sm.L. 105 sec. 1; 1830 P.L. 272 sec. 7; 1868 P.L. 3 sec. 8 par. 7 am. 1901
P.L. 172 sup. for counties of more than 150,000 population 1876 P.L. 13 sec. 3; 1874
P.L. 125 sec. 1 am. 1909 P.L. 77 further am. 1921 P.L. 69 ftuther am. 1937 P.L. 2786
(applies to counties under 150,000 population) ; 1923 P.L. 944 sec. 7 am. 1927 P.L.
128 No. 100 (applies to sixth-class counties only).
288 COUNTY GOVERNMENT
MISCELLANEOUS
Enrollment of Attorneys, 1885-1927. Title varies; Registration of
Law Students, Orphans’ Court.
This is a record of every lawyer admitted to practice before the orphans’
court.l** It shows the attorney’s name, date admitted, and oath taken.145
The register of law students admitted contains further information such
as the student’s name, age, and registration number; date of certification
by State Board of Law Examiners; the names of examiners, sponsors,
prothonotary, and judge ; student’s educational record ; and date of aclmis-
sion to the bar.146
Supreme Court Certificates and Communications.
Filed here are certified copies of certificates of admission to practice be-
fore the Supreme Court, and copies of decrees of disbarment and related
correspondence.147
Receipts for Borrowed Papers.
In this book is kept a record of papers from this office which have been
borrowed by attorneys for legal purposes. It shows the date paper was
borrowed, name of decedent or estate, number of papers borrowed, at-
torney’s name, and date paper was returned.14s
Pensioned Soldiers, 1783-85.148
There is entered here the name and address of every discharged soldier who
was the recipient of a pension from the State.lso
Mothers’ Assistance Records, 1913-15.16’
This is a complete record of every family in the county which was receiv-
ing payments under the provisions of the Mothers’ Assistance Act.lK2
“In some counties this record may be found for years prior to 1885 and after 1927.
In such cases the record is kept either for convenience or in pursuance of local court
rules.
‘“1885 P.L. 16 sec. 1 am. 1887 P.L. 131. The act of 1885 was rep. 1927 P.L. 166
No. 138 and the act of 1887 was rep. 1927 P.L. 356 No. 225.
14eCourt rules often require that records be made of law students admitted to prac-
tice before the orphans’ court.
“’ These papers are found in very few counties.
‘&When these records are kept it is either as a,matter of convenience or because
of requirements of court rules.
“‘In most counties no trace of this record remains at the present time.
lM 1783, XI St. at L. .22 sec. 2 rep. 1785, 2 Sm.L. 14.
“* These records are seldom found today.
“’ 1913 P.L. 118 sec. 4 am. 1915 P.L. 1038 sec. 4 so that one copy was no longer to
be lodged in orphans’ court. The act of 1913 was rep. 1919 P. L. 893 sec. 19.
X
SHERIFF
Evolution afld Structural Organization. The sheriff or “shire keeper”
is an ancient officer, originating in England or perhaps in Rome and brought
to Pennsylvania by both English and Dutch settlers.’ Under the Duke of
York’s laws, he was the most important ofXcer of the riding, and per-
formed a number of duties which still belong to the sheriff. During that
period the justices annualiy presented to the Governor the names of three
persons, from whom the Governor selected the sheriff.’ From 168.2 until
1838 the freemen of the county elected two candidates from whom the
Governor chose this officer, annually until 1790, and triennially after that
date.3 The Constitution of 1838 made the sheriff a purely elective officer.4
For at least a year before his election the sheriff must have been a resi-
dent of the county and a citizkn6 He may not keep a tavern a nor may he
live at a licensed tavern -during his residence at the county seat.’ This
officer served for 3 years until 1909 when a constitutional amendment in-
1 For a development of this office in England and Pennsylvania, see Richard C
Sewell, Lazy of Sheriffs, pp. 29, 30, 34; William L. Mm-free, A Treatise 01% the Laze
of Sherifls and Other Ministerial Officers, pp. 5, 19(a) ; William H. Watson, A Pruc-
tical Treatise OIL the Law Relatbg to the Office and Dzlty of Sheriff, pp. 194-217.
For a fuller development of the office in England, see Sir Frederick Pollock and Fred-
erick W. Maitland, A History of tlze English Law Before the Time of Edward I, I, 65,
132, 519; Sidney and Beatrice Webb, English Local Government from the Revolution
to the Mzh&cipal Corporations Act : The Parish and the County, pp. 279, 285 ,287, 301 ;
Eastman, op. cit. I, 10, 19, 29, 22; Tanger and Alderfer, op. cit., p. 48; Howard,
op. cit., I, 384 ; Charter to William Pertn, pp. 429, 430.
‘Duke of York’s Book of Laws, March 1, 1664, introduced to Pennsylvania Septem-
ber 22, 1676, in Charter to William Pem, pp. 44, SO.
‘The Frame of Government, April 25, 1682, in Charfer to William Pen.% p. 97, sees.
17, 18; 1705-6, II St. at L. 27.2 sec. 1; 1724, IV St. at L. 10 sec. 2; Const. of 1776,
ch. II, sec. 31; Const. of 1790, art. VI, sec. 1.
’ Const., art. XIV, sec. 2.
’ Const. of 1838, art. VI, sec. 1 ; Const. art. XIV, sec. 1.
’ 1730, 1 Sm.L. 181 sec. 19.
‘1842 P.L. 192 sec. 44. This act does not apply to Mifflin, Juniata, Clearfield,
Luzerne, and Montgomery Counties and was rep. as to Indiana County, 1843 P.L.
379 and as to Carbon County, 1870 P.L. 356.
289
290 COUNTY GOVERNMENT
creased his tenure to 4 years.* No sheriff may succeed himself in office,B
Vacancies are filled by the Governor, the appointee to hold office until
a new sheriff is chosen in the first general election which takes place 2 or
more months after the vacancy occurred.‘O Before assuming office the
sheriff must take an oath, submit to a recognizance, and post a bond.‘l The
amount of the bond is set by law and ranges from $8,000 in counties with
less than 10,000 inhabitants to $60,000 in third-class counties.12 The
sheriff’s annual salary is also fixed by law and ranges from $1,600 in
eighth-class counties to $6,000 in third and fourth-class counties.13 His
fees, which are stipulated in various laws,14 are paid into the county
treasury.15
Powers and Duties. As an officer of the court the sheriff attends its
sessions,” “ collects court costs, and abates nuisances pursuant to court
order.” I7 He adjourns court in the absence of the judges, prothonotary,
and clerk.18 Since the sheriff is required to serve all processes Is issued by
the Supreme &urt,2o the Superior Court,2l the courts of common pleas
’ Const., art. XIV, sec. 2 as am. 1909.
* 1729-30, IV St. at L. 171 sec. 15 required that no sheriff serve more than three
consecutive l-year terms; Const. of 1790, art. VI, sec. 1; Const. of 1838, art. VI, sec.
1; Const., art. XIV, sec. 1; 1929 P.L. 1278 sec. 181.
lo 1874 P. L. 205 ; 1929 P. L. 1278 sec. 60 am. 1931 P. L. 401 sec. 1.
l1 Const. of 1838, art. VII, sec. 1 ; Const., art. VII, sec. 1; The Frame of the Gov-
ernment, October 26, 1696, in Charter to William Pew, p. 250, sec. 8; 1705-6, II St.
at L. 272 sec. 1; 1767, VII St. at L. 146 sec. 1; 1803, 4 Sm.L. 45 sec. 1, 2 rep. 1876
P. L. 46; 1834 P.L. 537 sec. 62 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets. 183,
212, 213; 1929 P. L. 1278 sec. 53 ; 1939 P. L. 359.
If 1929 P. L. 1278 sec. 184 am. 1931 P. L. 401 sec. 1.
I3 1876 P. L. 13 sec. I3 am. 1881 P. L. 21 further am. 1887 P. L. 301 further am.
1901 P. L. 641; 1876 P. L. 13 sec. 14 am. 1895 P. L. 424; 1921 P. L. 1006 sec. 11 am.
1927 P. L. 377; 1923 P. L. 275 sec. 1 am. 1939 P. L. 272 No. 147; 1925 P. L. 559
sec. 1 am. 1927 P. L. 68 No. 46; 1933 P. L. 14 sec. 1.
“1901 P. L. 663 am. 1911 P. L. 76 further am. 1915 P. L. 677 further am. 1919
P. L. 297 further am. 1921 P. L. 915 further am. 1929 P. L. 1723 No. 564 rep. as to
counties with a population of 200,000 to 1,500,000, 1915 P. L. 54 sec. 5 and reen. for
such counties as am. 1915 P. L. 54 am. 1919 P. L. 110; 1933 P. L. 1141.
I6 1933 P. L. 1141 sec. 2.
*’ 1907 P. L. 496 sec. 8; Alderfer, The COW@, p. 26.
“1836 P. L. 784 sec. 25 am. 1917 P. L. 813.
* 1834 P. L. 333 sec. 64.
“Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, pp.
25, 50.
“1860 P. L. 427 sec. 1.
n 1895 P. L. 212 sec. 5.
SHERIFF 291
and quarter sessions and oyer and terminer,2Z the juvenile co~rt,*~ the
orphans’ court,24 and courts-martial,25 it follows that he makes arrests.*’
In civil cases he may set the amount of bail and take bail bonds.27 Upon
request the sheriff must give free of charge a written statement citing the
charge on which any prisoner is held and the amount of bail demanded.*’
If a person to be arrested has fled into another county the sheriff of the
second county may be deputized to make the arrest and conduct the pris-
oner to the county where he is wanted.*O
The sheriff is charged with keeping the peace and preventing riot and
insurrection.30 He must arrest all deserting husbands,31 all persons selling
liquor within 3 miles of a soldiers’ camp,“* and all persons catching fish
by illegal means. 33 The sheriff may seize property used unlawfully such
as horses racing illegally,34 and nets and snares forbidden by law for use
in fishing.36 When the Governor requests assistance from any sheriff, it
must be given by him. 36 Between 1919 and 1923 when the registry of auto-
mobiles was a county function, the sheriff was empowered to seize any
such vehicle which had an altered or obliterated identification number.37
*’ 1860 P. L. 427 sets. 1, 2.
28 1907 P. L. 438 sec. 1.
u 1917 P. L. 363 sec. 17(b).
” 1899 P. L. 133 sec. 80 sup. 1911 P. L. 131 sec. 78 rep. 1915 P. L. 80 sec. 5.5 but
reen. in sec. 81 rep. 1917 P. L. 113 sec. 72 but reen. in sec. 61 rep. 1921 sec. 73 but reen.
in sec. 59 am. 1923 P. L. 227 sec. 11.
98 Duke of York’s Book of Laws, 1664, in Charter to William Penn, p. 8; 1722, 1
Sm.L. 131 sec. 8; 1836 P. L. 568 sec. 3; 1860 P. L. 427 sec. 32; 1915 P. L. 76 sec. 1.
3 1836 P. L. 568 sec. 9; 1836 P. L. 568 sec. 16 am. 1927 P. L. 728 No. 376.
“1915 P. L. 76.
D 1722, 1 Sm.L. 131 sec. 8; 1836 P. L. 784 sec. 25 am. 1917 P. L. 813; 1860 P. L.
427 sec. 2; 1921 P. L. 899 No. 314.
” 1763-64, VI St. at L. 325 sets. 1, 2; 1771, VIII St. at L. 5 sets. 1, 2; 1771, VIII
St. at L. 120; 1774, VIII St. at L. 366 sets. 1, 2; Alderfer, The County, p. 27.
” 1867 P. L. 78 sec. 1.
J1 1875 P. L. 48 sec. 3.
=1917 P. L. 322 sec. 7.
“1817 P. L. 122, 6 Sm.L. 432 sec. 3; 1820 P. L. 20, 7 Sm.L. 244 sec. 2.
* 1901 P. L. 301 sec. 33 sup. 1905 P. L. 272 No. 188 sec. 19 sup. 1907 P. L. 50 sec.
17 rep. 1913 P. L. 100 sec. 19 but reen. in sec. 17; 1909 P. L. 353 No. 207 sec. 24 rep.
1917 P. L. 1215 sec. 153 but reen. in sec. 140 rep. 1925 P. L. 448 sec. 292 but reen.
in sec. 270; 1919 P. L. 184 sec. 40 rep. 1925 P. L. 448 sec. 292 but reen. in sec. 270;
1917 P. L. 322 sec. 7.
88Attorney General’s Opinions, vol. 1935-36, pp. 172-176.
n 1919 P. L. 702 sec. 7 rep. 1923 P. L. 425 sec. 19.
292 COUNTY GOVERNMENT
In addition to the writs of the various courts, the sheriff serves processes
emanating from the fiscal officers of the State,3* the Public Utility Com-
missioli,39 and the county auditors or controller.40 He is also required to
serve citations for the removal of a poor person from the county to his
legal place of residence.41
Certain conditions are laid down for the sheriff to observe when execut-
ing the various processes. A writ of replevin is served on the person
actually in possession of the goods, whether or not he is the owner.42
Writs on railroad companies are served on the highest ranking official of
the line in the county.43 The sheriff may go outside the county to serve a
writ of scire facias upon a mortgagor.44
As a natural part of these duties the sheriff takes persons to jail and
prison 45 and conducts prisoners to the reformatory.46 Upon request he
must report to the Department of Welfare, giving lists of all persons
arrested and taken to prison by him. Moreover, he is required to furnish
the Department with facilities for investigating these reports.47 He may
take violent mental patients to the hospital and retm-n those overstaying
leaves of absence or escaping from the asylum.48
The sheriff is in charge of all property taken in execution proceedings.*”
With@ 5 days after attachment, he files in the office of the prothonotary
descriptions of all attached property. 6o He must advertise a scheduled sale
weekly for 3 successive weeks. 61 Whenever there is conflict regarding the
88 1811 P. L. 145, 5 Sm.L. 228 sec. 32 rep. 1929 P. L. 343 sec. 1805 but reen. in
sets. 1602(d), 1721.
” 1913 P. L. 1374 art. VI sec. 27 rep. 1937 P. L. 10.53 sec. 1502 but reen. in sec. 1009.
“1834 P. L. 537 sec. 50 rep. 1929 P. L. 1278 sec. 10.51 but reen. in sec. 373.
u 1925 P. L. 762 sec. 801 am. 1933 P. L. 966 No. 201 sec. 1 rep. 1937 P. L. 2017
sec. 702 but reen. in sec. 502.
” 1901 P. L. ,88 sec. 2 am. 1923 P. L. 136 No. 103.
“1842 P. L. 144 sec. 8.
* 1877 P. L. 76 sec. 2.
‘li Duke of York’s Book of Laws, March 1, 1664. in Charter to Williavs Penn, p. 8;
1730, 1 Sm.L. 181 sec. 14; 1829 P. L. 341 sec. 8 art. V.
(B 1887 P. L. 63 sec. 9.
” 1929 P. L. 177 sec. 2311.
a 1923 P. L. 998 sets. 306, 407, 408.
“Duke of York’s Book of Laws, March 1, 1664, in Charfer to William Penw, p. 8;
1705-6, 11 St. at L. 244; 1824 P. L. 119 sec. 1.
WlS36 P. L. 568 sec. 6.5.
m 1824 P. L. 119 sec. 1; 1919 P. L. 1089; 1929 P. L. 1595.
SHERIFF 293
ownership of the entire property to be sold, the sheriff serves a rule con-
cerning it.62 If a third party claims part of the goods levied on as his, a
hearing is held to determine whether the claim shall be allowed. If it is
permitted the sheriff appoints an appraiser to determine the value of the
goods held by the plaintiff. Unless the claimant pays for the appraisal, the
sheriff may assume that he has abandoned his rights to the goods which
therefore may be sold.53 On order of the court the sheriff may sell im-
mediately any perishable goods levied on. a4 He is also authorized to sum-
mon an inquest of six men who determine whether the rents from a
property will be sufficient to defray the liens against it within 7 years. If
so, the sheriff need not sell it.“j The sheriff is empowered to appoint a
watchman for any property in his custody,5a and he may enter a property
by force in order to sell it.67 He may not dispose of the property of any
corporate body without first filing a statement with the Department of
Revenue to ascertain whether there are other public liens against it.68 After
every sheriff’s sale a deed is given to the purchaser by the sheriff.60 These
are noted in the prothonotary’s office.so When the sale has been accom-
plished, the sheriff makes a report to the court which thereupon appoints
an auditor to distribute the proceeds among the various creditors.s1 The
sheriff files with the prothonotary a schedule of the proposed distribution.
If no objections are filed within the time limits set by the court, the sheriff
pays out the money according to the schedule. If exceptions to this return
are made, however, the court makes the final decision.62
” 1879 P. L. 127 sec. 1 am. 1885 P. L. 152, sec. 1.
63 1848 P. L. 448 sec. 9 applied only to Philadelphia and Luzerne counties, extended
to the whole State 1850 P. L. 597 sup. 1897 P. L. 95 rep. 1931 P. L. 883 sec. 22 but
reen. in sets. 1, 6, 7.
M 1836 P. L. 606 sec. 8.
Is 1705-6, 1 Sm.L. 57 sec. 2 sup. 1836 P. L. 755 sets. 44, 49 am. 1879 P. L. 122 No.
123 sec. 2 further am. 1881 P. L. 13 sets. 1, 2.
Se 1907 P. L. 243 rep. 1927 P. L. 1019 sec. 2 but reen. in sec. 1; 1933 P. L. 1141 sec.
l(d).
O7 1925 P. L. 99.
68 1901 P. L. 344 NO. 213 sup. 1907 P. L. 250 rep. 1911 P. L. 1098 sec. 3 but reen.
in sec. 1 sup. 1929 P. L. 343 sets. 1402, 1712. Prior to 1929 this statement was filed
with the Auditor General.
ha 1836 P. L. 755 sec. 94; 1873 P. L. 199 No. 192.
B” 1893 P. L. 127 No. 78 sec. 1; 1905 P. L. 265 sec. 5.
‘I 1827 P. L. 471 sets. l-3 sup. 1836 P. L. 755 sets. 86-89; 1846 P. L. 411 sec. 2.
” 1862 P. L. 364 sec. 1 applied only to Allegheny County am. to apply to all coun-
ties 1901 P. L. 357 further am. 1931 P. L. 542.
294 COUNTY GOVERNMENT
At the close of a sheriff’s term of office, all writs as yet unexecuted are
delivered to his successor to be executed by him. They are just as binding
as if they had originally been given to the new sheriff for execution.63
From the period when the Duke of York’s laws were in force, the sheriff
has had a great deal of power over the jail which was built in each county.
He nominated the marshal or undersheriff who acted as warden.04 Various
laws passed during the colonial period show that the sheriff might either
act as warden himself or appoint someone to do 50.~~ An act of 1790 stipu-
lated that in each county the jail be in the charge of the sheriff who ap-
pointed as many employees as he deemed necessary.66 In many counties the
sheriff himself was jail warden. This system still prevails in sixth, seventh,
and eighth-class counties, but more recent legislation has required that else-
where the sheriff relinquish all or part of his authority over the county
jail or prison. In 13 of the more populous counties special laws have de-
prived the sheriff of this power and supplanted him by special boards of
prison inspectors. w The sheriff of a fifth-class county has had absolutely
no control over the county prison since 1921 when the county commission-
ers were placed in complete charge of that institution.@ Since 1909 an
ex ofEcio prison board has functioned in counties with from 150,000 to
250,000 inhabitants,6s and in 1921 an identically constituted board was
established in all third and fourth-class counties without conflicting special
laws.70 The sheriff, along with the county commissioners, controller, dis-
trict attorney, and quarter sessions judges, belongs to the board of in-
spectors in such counties. In counties of the third, fourth, and fifth classes
these boards are empowered to select the warden of the county prison.
In sixth, seventh, and eighth-class counties, however, the sheriff is in
almost as complete control over the county prison as he was in colonial days.
In the majority of these counties he still acts as warden. Numerous laws,
both special and general, formerly provided that he receive an allowance
from the county for boarding prisoners. But today the sheriff of such
counties receives merely the expenses actually incurred by him for the care
“1836 P. L. 761 sets. 101, 102 and 1875 P. L. 27 sec. 1, both rep. 1927 P. L. 114
NO. 78 sec. 2 but reen. in sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 185.
“Duke of York’s Book of Laws, in Charter to William Pew, pp. 50, 55.
91730, 1 Sm.L. 181 sets. 14, 15, 19.
” 1790, 2 Sm.L. 531 sec. 28.
“See essay on Prison Authorities.
OS 1921 P. L. 470.
- 1909 P. L. 262 No. 171.
‘O 1921 -P. L. 579.
SHERIFF 295
and maintenance of prisoners. The county pays these only on receipt of
itemized bills.71 Since 1899, however, this officer has shared his authority
over the employment of prisoners, with a prison board, composed first of
the sheriff, president judge, and county commissioners,72 and after 1907 of
the sheriff and county commissioners a1one.73
From the time of the earliest English settlement in Pennsylvania, the
sheriff has had varying responsibilities relating to the selection of jurors.
Before 1682 he issued warrants to the town constables who chose the
jurors, either from the town overseers or other “able and discreet men” of
the parish.74 In colonial Pennsylvania the sheriff was permitted to select
the jurors from the freemen of the county on any basis he chose.76 A law
of 1805, however, required that the names of prospectije jurors be drawn
by lot from a jury wheel by the sheriff and county commissioners.76 But
with the creation of the office of jury commissioner in 1867, the sheriff’s
duties have decreased. After the jury wheel has been filled he has charge
of its key.77 He he,lps the jury commissioners draw the names from the
wheel ‘a and summons the jurors drawn. 7g Since 1925, however, the sheriff
of a third-class county has had nothing to do with the selection of jurors,
which is the duty of the::jury board alone. He still, however, summons
the persons whose names have been drawn. If anyone fails to return the
reply card sent to him, the sheriff serves him in person with his summons.8o
‘l1925 P. L. 559 sec. 1 am. 1927 P. L. 68 No. 46 (sixth-class counties) ; 1933 P. L.
14 sec. 1 (seventh-class counties) ; 1923 P. L. 275 sec. 1 am. 1939 P. L. 272 No. 146
sec. 1 (eighth-class counties).
‘* IS99 P. L. 89 sec. 3.
” 1907 P. L. 247 sec. 3.
“Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, p. 33.
‘K Laws Agreed upon in England, May 5, 1682, in Charter to lGlliam Penn, p. 100
sec. 8 ; The Body of Laws, December 7, 1682, in Charter to William Pew, ch.
XXXVIII p. 117; Laws of the Assembly, October 25, 1683, in Charter to Williuw
Peftn, ch. CXLVI p. 164; Petition of Right, 1693, in Charter to William Penn, ch.
LXIX p. 214; 1700, II St. at L. 132 ch. XCVIII; Laws of the Assembly,
March 1, 1683, in Charter fo Will&n Penn, ch. LXIX p. 129 abrogated by William
and Mary provided for the drawing by lot of the names of jurors to serve in crim-
inal cases.
” 1805, 4 Sm.L. 237 sec. 1 sup. 1834 P. L. 333 sec. 79.
” 1867 P, L. 62 sec. 2.
I8 Ibid., sec. 3.
” 1834 P. L. 333 sec. 125.
8o 1925 P. L. 244 sec. 5 am. 1929 P. L. 495 further am. 1937 P. L. 2782 sec. 3 further
am. 1939 P. L. 157 Sec. 5.
296 cou~w GOVERNMENT
In all counties a juror who has served may demand a certificate of attend-
ance from the sheriff .*l
The sheriff’s duties in connection with elections, like his jury duties, have
decreased in recent years. In colonial days he was judge of elections, had
charge of the ballot boxes, and appointed various election officiaIss2 From
the early days of Pennsylvania’s history he gave notice of approaching
general elections, except township and borough elections,ss as well as of
special elections due to vacancies in the State legislature 84 or in Congress 85
or to disqualification of a Governor or Lieutenant Governor.RB Notice
was given in a newspaper published in the county. In counties without
any newspapers, a designated number of handbills had to be published
and posted in every election district.87 The sheriff also received lists of
candidates for State and National offices from the Secretary of the Com-
monwealth and for local officers from the county commissioners.88
Since 1937, however, these duties have belonged to the county com-
missioners acting as the county board of elections 8Q and the sheriff’s
only remaining responsibilities at election time include keeping the
polling place clear Qe and serving on the return board whenever any of its
members are ineligible.@l *
“‘1834 P L. 333 sec. 129.
‘* 1705-6, II St. at L. 212 sec. 3; 1766, VII St. at L. 32 sets. 9, 11.
” 1700, II St. at L. 24 ch. XXVIII sec. 2; 1777, 1X St. at L. 14 sec. 5; 1799, 3
Sm.L. 340 sec. 14 rep. 1839 F. L. 519 sec. 174 but reen. in sec. 13 rep. 1891 P. L. 349
sec. 37 but reen. in sec. 10 rep. 1937 P. L. 1333 sec. 1901; 1802, 3 Sm.L. 483 sec. 1
rep. 1839 F. L. 519 sec. 174 but reen. in sets. 24, 27; 1821 P. L. 247, 7 Sm.L. 470
sec. 4 rep. 1839 F. L. 519 sec. 174; 1885 P. L. 144 No. 112 sup. 1893 F. L. 419 sec.
10 am. 1895 P. L. 392, all rep. 1937 P. L. 1333 sec. 1901.
M Laws of the Assembly, October 26, 1696, in Charter to Willinm Pew, p. 249 sec.
5; 1799, 3 Sm.L. 340 sec. 15 rep. 1839 P. L. 519 sec. 174 but reen. in sets. 35-38 rep.
1937 P. L. 1333 sec. 1901.
” 1802, 4 Sm.L. ‘208 sec. 1 rep. 1839 P. L. 519 sec. 174 but reen. in sec. 41 rep.
1937 P. L. 1333 sec. 1901.
” 1839 P. L. 519 sec. 34; 1874 P. L. 208 sec. 37, both rep. 1937 F. L. 1333 sec. 1901.
” 1799, 3 Sm.L. 340 sec. 14 rep. 1839 P. L. 519 sec. 174 but reen. in sec. 13; 1885
P. L. 144 No. 112 sec. 1, both rep. 1937 F. L. 1333 sec. 1901.
a8 1891 P. L. 349 sec. 9; 1893 P. L. 419 sec. 9 am. 1897 F. L. 127 sec. 1 further am.
1903 P. L. 338 sec. 1, all rep. 1937 P. L. 1333 sec. 1901.
so 1937 P. L. 1333 sets. 301, 302.
W 1839 F. L. 519 sec. 111 rep. 1937 P. L. 1333 sec. 1901 but reen. in sets. 1207, 1821.
O1 1874 P. L. 31 sec. 13 am. 1899 P. L. I27 further am. 1909 P. L. 425 further am.
1923 P, L. 267 further am. 1925 P. L. 103 rep. 1937 P. L. 1333 sec. 1901 but reen.
in sec. 1403(b).
SHERIFF ’ 297
A number of miscellaneous duties and responsibilities belong to the
sheriff. Whenever there is a vacancy in the office of coroner the sheriff
may legally perform any of the coroner’s duties,0” just as the coroner may
act as sheriff when that office is vacant. g3 In third-class counties the sheriff
belongs to the board of managers of the house of detention.‘*
Until 1937 the sheriff received from the magistrates all fees ‘designated
for the use of the poor. He in turn gave them to the proper authority.95
The sheriff must publish notice of approaching divorce actions if one party
cannot be located.9B Persons entitled to sequestration of rents, issues, and
profits of life estates are put into possession and kept there by the sheriff.07
Whenever the prothonotary is party to a suit, the sheriff may act as pro-
thonotary. ‘a The sheriff is authorized to issue licenses to carry firearms 89
and ‘prior to 19.37 was allowed to institute proceedings against persons
betting on elections. loo In a conspicuous place in his office he is obliged to
post a list of his fees,l*l while he must give an itemized receipt to anyone
requesting it.lo2
The sheriff may appoint certain assistants, among them a chief deputy
who may perform any of the duties of his principal. This officer serves at
the pleasure of the sheriff. His compensation is fixed by the salary board
or by the sheriff if there is no salary board.lo3 Additional deputies may
also be appointed.‘lo4 Special provisions permit the sheriff of sixth-class
‘* 1929 P. L. 1278 sec. 190 added 1931 P. L. 401 sec. 6.
” 1803, 4 Sm.L. 45 sec. 7 sup. 1834 P. L. 537 sec. 75 rep. 1929 P. L. 1278 sec. 1051
but reen. in sec. 204 am. 1933 P. L. 945.
M 1921 P. L. 840 sec. 1.
OK 1836 P. L. 539 sec. 40 rep. 1937 P. L. 2017 sec. 702.
w1929 P. L. 1237 sec. 29.
O7 1849 P. L. 676 sec. 5.
OB 1836 P. L. 715 sec. 35.
‘@ 1931 P. L. 497 sec. 7 rep. 1939 P. L. 872 sec. 1201 but reen. in sec. 628(f).
‘O” 1839 P. L. 519 sec. 616 rep. 1937 P. L. 1333 sec. 1901.
lo1 1711, II St. at L. 331 sec. 3; 1803, 4 Sm.L. 4.5 sec. 10 sup. 1834 P. L. 537 sec. 18
sup. 1901 P. L. 663 sec. 4 sup. 1933 P. L. 1141 sec. 4; 1821 P. L. 50 sec. 14 rep. as to
counties of from 300,000 to 1,500,OOO population 1915 P. L. 54 sec. 5.
lo* 1803, 4 Sm.L. 45 sec. 9 sup. 1834 P. L. 537 sec. 17 sup. 1901 P. L. 663 sec. 4 sup.
1933 P. L. 1141 sec. 5.
lo3 1887 P. L. 185 No. 1% sec. 4 rep. 1929 P. L. 1278 sec. 10.51 but reen. in sec.
187; 1917 P. L. 237 No. 129 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 186; 1923
P. L. 349 No. 221 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 187 am. 1931 P. L.
401 sec. 1.
lo4 1929 P. L. 1278 sec. 186.
298 COUNTY GOVERNMENT
counties to have as many deputies and clerks as he wishes.lo5 In seventh-
class counties the number of deputies and their salaries are determined by
a special salary board composed of the sheriff and the county commission-
ers. Any sheriff dissatisfied with the decision of the board may appeal to
the court of common pleas .lo6 The sheriff of a third-class county may ap-
point a real estate deputy, who takes charge of all matters concerning
sheriff’s sales of real estate and the distribution of the proceeds. He may
also perform any other duties of the sheriff. His compensation is set by
law at $4,000 a year.lo7 Before anyone may secure an appointment as dep-
uty sheriff, there must be on file in the prothonotary’s office his photograph
and an affidavit to the effect that the applicant meets certain designated
requirements.lo8 In third,lou fourth,l’O and fifth-class II1 counties the sheriff
may appoint a solicitor, learned in the law who gives legal advice, conducts
any litigation pertaining to the office when requested by the sheriff, and
holds office for the term for which his principal is elected. In third-class
counties his compensation is fixed by the salary board ; in fourth-class
counties it is set by law at $500 per annum ; while in fifth-class counties it
is determined by the salary board, but may not exceed $500 a year.
Records. Records of the sheriff are described below:
APPOINTMENT OF DEPUTIES
List of Applicants for Deputy Sheriff, 1937-.
These are lists of all persons who have applied for the position of deputy
sheriff and who meet the qualifications.112
Record of Appointment of Deputies. Title varies : Deputies
In a few counties the sheriff has kept a record of all appointments of
deputies, showing the name, date of appointment, and badge number.l’”
‘“I 1923 P. L. 559 sec. 6 am. 1929 P. L. 132 No. 133 sup. 1929 P. L. 1278 sec. 189.
‘“‘1933 P. L. 14 sec. 2.
lo7 1929 P. L. 163 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 187.1 added 1931
P. L. 401 sec. 5.
Irn 1937 P. L. 1575 sets. 1-3.
“’ 1925 P. L. 313 sup. 1929 P. L. 1278 sec. 188 am. 1931 P. L. 401 sec. 1.
‘I” 1933 P. L. 183 declared unconstitutional 87 Super. 387 sup. 1929 P. L. 1278 sec.
188 am. 1933 P. L. 401 sec. 1.
‘I1 1929 P. L. 1666 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 188 am. 1933
P. L. 401 sec. 1.
“‘1937 P. L. 1595 sec. 4. These lists are not often found, for the sheriff is not
required to preserve them, but merely to have them posted for 10 days. The photo-
graphs and affidavits of prospective deputy sheriffs are on file with the prothonotary.
=a This record is not required, and is seldom kept by the sheriff.
SHERIFF 299
Deputies’ Bonds.
The bonds posted by deputy sheriffs are sometimes filed with the sheriff.
The information given includes the deputy’s name and address, date and
conditions of obligation, and signatures of deputy, surety, and witnesses.l”
Canceled Commissions of Special Deputy Sheriffs.
The canceled commissions of special deputy sheriffs are sometimes pre-
served in the sheriff’s office. They show date of commission, deputy’s name
and commission number, and the sheriff’s signature.l15
SERVICE OF WRITS
Original Writs. Title varies: Old Writs; Processes; N.S.F. (Not
Sufficient Funds) ; Miscellaneous Executions ; Holds and Rules,
Levies Made, Personal Property Sales; Real Estate Levy and
Real Estate Sale.
The original writs found in the sheriff’s office are those which, for some
reason, he has not served. They may be current writs which will soon be
served. Old writs found here have been kept because the costs have not
been paid or the persons to receive them cannot be found.
Copies of Writs. Title varies. Habeas Corpus ; Statement of Claims
and Libels ; Orders.
Duplicates of writs served by the sheriff, showing names of parties and
attorneys, court, term and case number, date and-type of writ, date served,
amount of debt, costs, and signature of deputy.
Lists of Writs Received.
In some counties the sheriff has kept lists of the writs which he has received
for service. They show the number and type of writ; date of issue, names
and addresses of the parties, court, term and case number, signature of
prothonotary or clerk of courts, and date filed.11e
Return of Writs, Title Varies: Summons-Dead; Summons-
Alive ; Sundry-Dead ; Sundry-Alive ; Sheriff’s Returns of Real
Estate ; Personal Property-Dead ; Personai Property-Alive ;
Subpcenas in Divorce-Dead ; Subpoenas in Divorce-Alive.ll’
The sheriff sometimes keeps on file the returns of all papers served by him.
‘14 In most counties these are kept in the prothonotary’s office with the bonds of
other county officers.
‘I’ These are seldom preserved by the sheriff.
“‘These lists are not preserved by every sheriff.
“‘A file marked “Dead” contains writs on which all fees have been paid. The
one labeled “Alive” is made up of writs on which fees are still due. When they are
paid the card is removed and placed in the dead file.
300 COUNTY GOVERNMENT
They are filed either altogether or separately according to the type of paper.
They show court, term and case number, names of the parties and plain-
tiff’s attorney, type of writ, month when fees were remitted to the controller
or treasurer, advance and total costs, date of return of each writ, nature>of
service, amount of fees, and remarks.118
Daily Record of Writs Returned. Title varies: Entering Docket
Judicial Writs ; Sundry Dockets.
Some sheriffs keep a daily record of writs returned showing the date ;
names of plaintiff, defendant, and attorney ; type of writ; amounts of debt,
interest, and costs ; and name of office credited.‘lO
Sheriff’s Docket, dates vary.
Every sheriff must keep a docket in which he enters “all writs which come
into his hands and-the proceedings thereon.” 120 It is a record of all writs
served and of the resultant sales of property. It shows the names of parties,
court, term and case number, title of action, date and time filed, attorney’s
name, amount involved, costs and fees, disposition of case, and sheriff’s
signature.‘*l
Summons Docket. Title varies : Appearance Docket.
This is a record of summons issued showing the court term and case
number, names of parties and attorneys, type of writ, dates issued and
returned, and costs.12a
Capias Docket.
In a few counties the sheriff keeps a separate record of writs of capias
served by him or his deputies. It shows defendant’s name and address,
name of person for whom writ is issued, court term and case number, date
and number of writ, total costs, and name of sheriff or deputy who served
the writ.lzs
11$ These files are not kept in every county, for the sheriff places information on
return of writs in his docket.
‘“This record is not kept in every county.
‘“At the end of every sheriff’s term of office, he is supposed to place his dockets
in the prothonotary’s office. This practice is seldom followed, however.
‘a~ 1834 P. L. 333 sec. 78.
I+) In some counties a Summons Docket is not kept and this information is found in
Sheriff’s Docket. .
1m This separate docket is seldom kept. Usually writs of capias are entered in
Summons Docket or Sheriff’s Docket.
SHERIFF 301
Attachment and Bench Warrant Docket.
In a few’ counties the sheriff keeps a separate record of attachments and
bench warrants issued. It shows the names of parties, dates of issue and
service, type of paper, by whom it was issued and served, and costs.124
SALES OF PROPERTY
Execution Docket.
A record of writs issued in execution proceedings, showing names of parties
and their attorneys ; dates of execution and of issue of fieri facias ; court
term and case number ; amount of personal property ; dates of levy, settle-
ment, judgment, and satisfaction ; type and amount of fees ; costs ; total
debt ; date paid ; and sheriff’s signature.126
Sheriff’s Sales Docket. Title varies: Real Estate and Personal
Property Sales Record ; Execution Docket, Condemnation of Real
Estate ; Record.12s
This is a record of sheriff’s sales of levied real and personal property. The
information contained includes the following : court term and case number ;
names of parties and attorneys; name of court; date and type of writ;
location and description of property; amount of debt, interest, execution
costs and commissions ; date and amount of sale ; name of sheriff conduct-
ing sale; and proof of publication.lZ7
Distribution Record. Title varies : Transcript Book.
In some counties the sheriff keeps a special record of the distribution of
funds received from executions showing the date ; defendant’s name ; type
of writ; itemized list of receipts, expenditures, and costs ; schedule of dis-
tribution ; and affidavit. c
Sheriff’s Deed Book.
Some sheriffs keep a record of deeds transferred through sheriff’s sales of
real estate. It shows court term, case and scire facias numbers, name of
‘“This is usually placed in Summons Docket or Sheriff’s Docket rather than in a
separate record.
“‘In some counties a separate Execution Docket is not kept, but thase matters are
merely entered in Sheriff’s Docket. Occasionally a Scire Facias Docket is kept in
addition to the Execution Docket.
X20 Sales of real estate and personal property are sometimes each recorded in separate
books, and in other counties both entered together in Sheriff’s Sales Docket.
‘“Inn some counties a separate Sheriff’s Sales Docket is not kept and this infor-
mation is found in Execution Docket or Sheriff’s Docket.
I ,
302 COUNTY GOVERNMENT
real owner, date and amount of sale, name and address of grantee, person
receiving the deed, and the date of deed.lz8 .
Record of Deeds Acknowledged.
Arecord of the acknowledgment of sheriff’s deeds is sometimes kept by the
sheriff. It shows the date of deed, court term and case and deed numbers,
grantee’s name, and date recorded.‘29
State Lien Records. .
In this file are kept duplicates of notices sent to the Auditor General and
the Department of Revenue of sales of property of corporations or partner-
ships and statements of the Department of Revenue of all liens filed against
partnerships or corporations. The information given includes the date,
defendant’s name, date of notice of sale, location and description of prop-
erty, amounts, and certification and signature of sheriff.130
SELECTION OF JURIES 131
Jury Book, 183”. Title varies : Jury Venire Lists ; List of Jurors
Drawn.
This is a record of those persons who have acted as jurors,132 showing
court term ; dates of service ; and name, residence, and occupation of each
juror.133
Jury Lists.
In some counties the sheriff keeps the lists sent to him by the prothonotary
and the clerk of courts. Upon the information in these lists he based the
Jury Book. The information shown includes the name, address, and occu-
pation of everyone summoned for jury duty ; and states whether each per-
tson actually served, defaulted, or was excused.13*
128This is a very infrequently kept record.
‘-This is not a required record and is seldom kept. For recording of these deeds,
see the prothonotary’s records.
‘“1901 P. L. 344 No. 213 sup. 1907 P. L. 250 rep. 1911 P. L. 1098 sec. 3 but reen.
in sec. 1 sup. 1929 P. L. 343 sets. 1402, 1712. Since the preservation of these papers
is not compulsory, they are seldom kept by the sheriff.
“‘Additional jury records are often kept by the county commissioners, the protho-
notary, the clerk of courts, and the jury commissioners.
‘“‘Althouug;h this is a required record, it does not actually date back to 1834 in every
county.
183 1834 P. L. 333 sets. 127, 128.
“‘The sheriff is not obliged to save these lists after entering the information in the
Jury Book. In some counties the lists are kept in lieu of the Jury Book and in others
in addition to it. ,
SHERIFF 303
Names Placed in the Jury Wheel. Title varies : Jury List.
The sheriff sometimes keeps lists of all the names placed in the jury wheel
to be drawn for jury service. They show the name, address, and occupation
of each potential juror; the date filed; and signatures of the jury commis-
sioners, their clerk, a judge, and the sheriff.‘35
Notices of Acceptance of Jury Service.
These notices show the names of juror and sheriff ; juror’s address ; dates
of issue, of return, and of jury service; and juror’s signature.“‘B
ISSUANCE OF FIREARMS LICENSES
Duplicates of Firearm Permits, must be kept on file for 6 years
after the permit is issued.13’
These are duplicates of the firearm permits issued by the sheriff. The fol-
lowing information is shown: date; number of the permit; period for
which license was granted ; name and address of, licensee ; birthplace and
citizenship status ; physical description; reason for carrying the weapon ;
make, number, and caliber of gun, and signatures of licensee and sheriff .13’
Record of Firearms Permits. Title varies : Gun Permits ; License
to Carry Firearms.
The sheriff sometimes keeps in a book a record of all firearms permits
issued by him. It shows the date ; license number; name and address of
applicant; the reason for carrying weapon; number, make, and caliber of
firearm ; whether applicant holds a hunter’s license ; and the f ee.13’
FINANCIAL TRANSACTIONS I40
Sheriff’s Account Book. Title varies : Ledger.
A record of the sheriff’s accounts, showing the date, name of account, pur-
pose and amount received or reported, and total.
U6 This is not a required record and is very seldom kept.
““These notices are very seldom kept on file by the sheriff.
131 For special firearms permits issued in connection with hunting licenses, see the
treasurer’s records.
“’ 1937 P. L. 497 sec. 7 rep. 1939 P. L. 872 sec. 1’201 but reen. in sec. 628(f).
‘JBThe sheriff is obliged to keep a record of all firearms permits issued by him. In
most counties the file of duplicate permits takes the place of this record. In a few
counties, however, this record is kept in place of or in addition to the duplicates.
‘“The sheriff is obliged to keep financial accounts which are subject to examina-
tion by the auditors or controller, 1929 P. L. 1278 sets. 341, 342, 344; 1929 P. L. 1278
sec. 363 am. 1931 P. L. 401 sec. 1. Where there is a controller he prescribes the form
in which these records are kept.
304 COUNTY GOVERNMENT
Daily Record of Receipts and Expenditures. Title varies: Day
Eook ; Sheriff’s Journal ; Journa1.141
A daily record of all the financial transactions of this office, showing the
date; itemized receipts and expenditures; names of payer, payee, and ac-
count ; amounts ; and totals.142
Receipts.
The sheriff sometimes keeps on file copies of receipts issued in his of&e.
Each one shows the court term and case number; date, number, and amount
of receipt ; the payee’s name ; and sheriff’s signature.‘4S
Sheriff’s Reports. Title varies : Fee Book.
Copies of the monthly reports of the sheriff to the treasurer and con-
troller I<* are sometimes kept. They show all costs received and fees earned.
The information given is usually as follows : the date ; court term and case
number ; type of service ; county costs, fines, jury fees, court costs, and total
paid to the county ; general expenses ; and tota1.‘45
Orphans’ Court Business.
In some counties the sheriff keeps a separate record of accounts in de-
cedents’ estates. It shows the date ; court term and case number ; name and
last address of decedent ; attorneys’ names ; type of service ; dates of entry,
service, and return ; costs ; and date audited.140
MISCELLANEOUS 14’
Criminals Wanted, dates vary but are usually recent.
Occasionally there may be found in the sheriff’s office various papers relat-
ing to criminals. In most cases they are the notices, posters, and booklets
received from various police agencies concerning wanted criminals. The
“‘In a few counties accounts receivable and accounts payable are kept in separate
books.
“*The sheriff may keep his accounts in this form or in that shown in Sheriff’s
Account Book. Sometimes both forms are used in one county.
143 These papers are found in very few counties.
‘a Reports are made to the treasurer when fees are handed over to him at the end
of each month. Reports are made to the controller whenever he requires them,
usually once a month.
‘a Since the preservation of copies of these reports is not obligatory, they are not
found in every county.
‘“‘This record is seldom kept.
I” None of these records are required and therefore several of them will not be
found in every county.
SHERIFF 305
contents of these papers are as follows : the date when the notice was issued,
all information available on the criminal and the fingerprints and photo-
graph of the wanted person.148
Record of Criminal Cases. Title varies : Record.
A record of the criminal cases of the county is sometimes prepared and
kept by the sheriff. It usually shows the names of defendant and judge,
court term and case number, charge, sentence, and disposition.
Miscellaneous Papers : Title varies : Petitions and Court Orders ;
Hospital Commitments ; Receipts from Institutions.
The sheriff sometimes keeps in one file miscellaneous papers which do
not belong elsewhere in his records. These may consist of any or all of
the following: petitions for commitment to a hospital for mental diseases,
reports of lunacy commissions, notices of elections and certificates of nom-
inations,14” canceled appointments of special deputy sheriffs, foreign attach-
ments, and copies of petitions and court orders.l”O
Deputy Sheriff’s Work Index Cards.
This is a card record of papers served by deputy sheriffs, showing names
of defendant, attorney, and plaintiff ; court term and case number ; date and
character of instrument ; and dates received, returnable, and returned.
Rent and Property Claims.
Filed here are property, rent, and exemption claims ; notice of claims ; and
writs of fieri facias. They show the names of parties and sheriff, court
term and case number, inventory and appraisement, date of filing of inter-
‘pleader, signatures of sheriff and claimant, and correspondence pertaining
to the case.lsl
Correspondence.
The sheriff may keep on file the correspondence of his office.
**O Similar papers are often kept by the district attorney and the county detective.
“‘These election records are for dates prior to 1%‘. Current records similar to
them are kept by the county board of elections.
“’ Sometimes jury lists are also placed with these miscellaneous papers. In some
counties one or more of these types of papers may be filed separately with a suitable
title such as Hospital Commitments.
16’ These papers are seldom found in the sheriff’s office. In most counties the
prothonotary keeps them.
Evolution and Structural Organization. William Penn’s Frame of Gov-
ernment made the coroner a county officer and formulated provisions for
the selection of this official which continued to be followed for more than a
century and a half. The freemen of each county elected two persons from
whom the Governor selected the coroner. 1 The constitutions of 1776 and
1790 stipulated that the same method be used,2 and it was not until 1838
that this office became a wholly elective one.3 A l-year term was designated
prior to 1790 4 and a 3-year term until 1909,6 when the coroner’s tenure,
like that of all county officers, was increased to 4 years.’
For at least a year before his election, the officer must have been a resi-
dent of the county and a citizen. 7 In case of a vacancy, the Governor ap-
points a new coroner to serve for the remainder of the original term.’
An oath, to be filed in the office of the prothonotary, is required before
the coroner may assume office.Q The coroner posts a bond one-fourth as
large as that required from the sheriff, and acknowledges it before the re-
corder of deeds.lO This officer receives an annual salary in counties above
the sixth-class, ranging from $3,000 in third-class counties, to $1,500 in
‘The Frame of the Government,-1682, in Chuder to Willialrz Penn, p. 97 sec. 17 ;
William Penn’s Charter to the People, 1683, in Charter to Willkzw Pefw. p. 159 sec.
16; 1705-6, II St. at L. 272 sec. 1.
’ Const. of 1776, ch. II, sec. 31 ; Const. of 1790, art. VI, sec. 1.
’ Const. of 1838, art. VI, sec. 1.
‘The Frame of Government, 1682, in Ckarter to William Pzttn, p, 97 sec. 17; Wil-
liam Penn’s Charter to the People, 1683, in Charter to William Penn, p. 159, sec. 16;
1705-6, II St. at L. 272 sec. 1; Const. of 1776, ch. II, sec. 31.
‘Const. of 1790, art. VI, sec. 1; Const. of 1838, art. VI, sec. 1; Const. art. XIV,
sec. 1.
*Const. art. XIV; sec. 1 as am. 1909; 1929 P. L. 1228 sec. 201.
’ Const., art. XIV, sec. 3.
’ 1929 P. L. 1278 sec. 60; 1929 P. L. 1278 sec. ‘20.5 am. 1931 P. L. 401 sec. 1.
’ Const., art. VII, sec. 1.
” 1791, 3 Sm.L. 8 sec. 1; 1803 P. L. 497 sets. 1, 2 rep. 1876 P. L. 46; 1834 P. L.
537 sets. 66, 67 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets: 201, 212, 213; 1939
P. L. 359.
306
CORONER 307
fifth-class counties.ll In the less populous counties, the coroner receives
no salary, but is paid by fees, the amounts of which are set by law.‘”
Powers and Duties. The coroner’s chief duty is to investigate all sudden,
mystirious, or violent deaths occurring within the county. In such cases he
may hold an inquest, calling any witnesses he needs,13 and summoning a
coroner’s jury.l* When he decides that an inquest is not necessary, he
receives the same fees and mileage as if he had held one.ls Whether or not
an inquest is held, the coroner issues a certificate stating the probable cause
of death.l’ The costs of an inquest are borne by the county, but if death
be adjudged a case of murder or manslaughter, they are paid from the
slayer’s property. I7 It is usually the custom for the coroner to investigate
all deaths occurring in prison.ls Whenever a death occurs without medical
attention, a certificate is issued by the coroner before burial is permitted.l”
All fatal accidents in anthracite *O and bituminous *I coal mines must be
investigated by the coroner. The jurors at such inquests must neither be
employed by the mine or colliery where the accident occurred nor financially
interested in it. When an inquest is held into a fatal accident in an anthra-
cite mine, the majority of the jurors must be qualified miners.22
The law provides that in cases where a death occurs more than 10 miles
from the coroner’s off2ce or when the coroner is for any reason unable to
be present, a justice of the peace may hold an inquest.‘3 This practice is
followed to a considerable extent in the sparsely settled counties of Penn-
sylvania. In fact, Montour County has never had a coroner, and the local
justices take care of all cases which otherwise would require the service of
this officer.
Upon presentment of two successive grand juries, any county must
‘I 1921 P. L. 1006 sec. 11 am. 1927 P. L. 377; 1927 P. L. 348 No. 212; 1927 P. L.
168 No. 140.
‘* 1814 P. L. 352, 6 Sm.L. 228 sec. 19 am. 1927 P. L. 168 No. 141.
I3 1907 P. L. 92 sets. 1, 2 am. 1935 P. L. 710 sec. 2.
” 1857 P. L. 536 sec. 1.
Is 1897 P. L. 8 No. 6.
I6 1915 P. L. 900 sec. 8.
” 1814 P. L. 352, 6 Sm.L. 228 sec. 19 am. 1927 P. L. 168 No. 141.
111 Alderfer, The County, p. 27..
I9 1905 P. L. 330 see. 8 sup. 1915 P. L. 900 sec. 8.
2u 1891 P. L. 176 art. XIII sets. 2-6.
‘I 1911 P. L. 756 art. XXVII sets. l-4.
2” 1891 P. L. 176 art. XIII sec. 6; 1911 P. L. 756 art. XXVII sec. 2.
‘a 1841 P. L. 400 sec. 15.
r
308 COUNTY GOVERNMENT
establish a morgue, the location of which is approved by the county com-
missioners, the coroner, and a judge of the court of common pleas. The
coroner is in complete charge of the morgue, determining what bodies shall
be placed there, whether they shall be embalmed, and when they ski1 be
buried. Whenever a dead body is found in a public place, however, or
whenever an unknown person is found dead, such bodies must be placed
in the county morgue. At the death of an unidentified person within the
county, his effects are kept in the morgue in the coroner’s charge. If they
are not claimed within a year, the coroner sells them, the proceeds of such
sales going into the county treasury. Employees of the morgue are ap-
pointed by the coroner who may remove them at any time. The number
and salaries of such employees, are fixed by the salary board or by the
county commissioners in counties without a salary board.24
In counties without a morgue, the coroner is authorized to use any con-
venient private morgue, the owner of which is compensated by the county.2S
In such counties the coroner himself keeps the effects of any unidentified
dead person until the person entitled to them is found.26
A coroner is permitted to appoint and dismiss at will as many deputies
as he considers necessary. A deputy has the same powers as the coroner
and in counties below the fourth class, he receives the same fees as his
principal.*’
The coroner acts as sheriff in case of a vacancy in that office, holding
office until a new sheriff is legally commissioned and notice of that fact is
given to the coroner. 28 Moreover, the sheriff substitutes for the coroner
under similar circumstances.2g As a natural phase of this relationship be-
tween the two offices, any writs on the sheriff are served by the coroner.3o
In every county having a controller, all of the coroner’s books and
papers are open to that officer’s inspection.81
“‘1893 P. L. 457 am. 1899 P. L. 52; 1929 P. L. 1278 sec. 203.
2rJ 1911 P. L. 717.
” 1907 P. L. 92 sec. 2 am. 1935 P. L. 710 sec. 2.
z 1889 P. L. 162 No. 180 rep. 1929 P. L. 1278 sec. 1051; 1893 P. L. 330 No. 269
am. 1917 P. L. 1084 rep. 1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sec. 202.
2p 1503 P. L. 497 sec. 7 sup. 1834 P. L. 537 sec. 75 rep. 1929 P. L. 1278 sec. 1051
but reen. in sec. 204 am. 1933 P. L. 945.
” 1929 P. L. 1278 sec. 190 added 1931 P. L. 401 sec. 6.
” 1901 P. L. 614 sec. 1 (15).
‘I1876 P. L. 13 sec. 10; 1895 P. L. 403 No. 288 sets. 4, 5 rep. 1929 P. L. 1278 sec.
1051 but reen. in sees. 341, 342.
CORONER 309
Records. Except for accounts of the business of his of&e ai no records
are required to be kept by the coroner. In many counties, however, he
does keep’records as a matter of convenience.
Coroner’s Reports of Autopsies and Inquests.
These are usually copies of the reports made by the coroner to the court
of quarter sessions.‘” The reports of inquests give the following informa-
tion : date of inquest ; name, address, and physical description of deceased ;
date, place, and cause of death; names of jurors, witnesses, and persons
who identified the body ; condition of the body ; findings ; and signatures
of coroner and jury. The reports of autopsies show the date of autopsy ;
name, address, marital status, and physical condition of deceased ; place
and date of death and location of body; examination and analysis of organs
and their contents ; findings and explanation ; and signature of examining
physician.54
Coroner’s Inquest Docket. Title varies : Coroner’s File Record.
A record of inquests held, showing date and place of inquest, name of
deceased ; date and place of death ; names of coroner, jurors, and witnesses ;
findings of the jury; and coroner’s signature.35
Financial Reports. Title varies : Coroner’s Monthly Reports.
Duplicates of financial reports which the coroner prepares and sends once
a month to the controller 36 or county commissioners. The information
contained is as follows : date of inquest or investigation, name of deceased,
cost of viewing body, witness and jury fees, mileage, other expenses, and
totals for each case and month.87
“1929 P. L. 1278 sec. 363 am. 1931 P. L. 401 sec. 1.
“For the originals of these reports see the records of the clerk of the quarter ses-
sions and oyer and terminer.
“Reports of autopsies are sometimes placed in one file and reports of inquests in
another.
a6 This docket is kept less frequently than are the Coroner’s Reports.
I6 1929 P. L. 1278 sets. 342, 344.
*‘I814 P. L. 352, 1; Sm.L. 228 sec. 19 am. 1927 P. L. 168 No. 141.
XII
DISTRICT ATTORNEY
Evolzttion alzd Structural Organization. The predecessor of the district
attorney was the former deputy attorney general, appointed in each county
by the State Attorney General. Although there was no particular law
creating these deputies, their existence was recognized in a number of
acts.l A law passed in 1850 required that a district attorney be elected in
each county to, supplant the deputy attorneys general.’
The district attorney must be an American citizen 8 and a resident of
the county 2 years prior to his election. Additional qualifications for this
officer relate to his legal experience. These vary in the different classes of
counties. No district attorney is permitted to be a member of the State
legislature during his term of office or to hold any other of&e under the
laws or constitution of the State except in the militia.4 He served for
3 years 6 until a constitutional amendment of 1909 increased his tenure to
4 years.B A district attorney may be re-elected. Vacancies are filled by the
court of common pleas, the appointees to hold office for the remainder of
the unexpired term.? In the temporary absence of the district attorney
from court, however, the court may appoint someone to perform his duties
until the district attorney or his assistant appears in ~person.8 An oath is
required from this officer before he may take 0ffice.O The annual compen-
sation of district attorneys has been set by law and ranges from $750 in
‘Eastman, op. cit., II, 471.
’ 1850 P. L. 654 am. 1852 P. L. 45 rep. Bs to Dauphin County 1853 P. L. 667 sec. 7
but reen. fo’r the entire State 1883 P. L. 15; 1929 P. L. 1278 sec. 245.
’ Const., art. XIV, sec. 3.
’ 1883 P. L. 15 sec. 1 am. 1927 P. L. 348 No. 213, the amendment rep. 1929 P. L.
1278 sec. 1051; 1883 P. L. 15 sec. 1 am. 1929 P. L. 163 No. 157 rep. 1931 P.‘L. 401
sec. 26; 1929 P. L. 1278 sec. 246 am. 1931 P. L. 401 sec. 1 further am. 1937 P. L.
2619 sec. 1 further am. 1939 P. L. 464.
’ 1850 P. L. 654 sec. 1; Cons& art. XIV, sets. 1, 2.
’ Const., art. XIV, sec. 1, art. XIV, sec. 2 as am. 1909.
’ 1929 P. L. 1278 sec. 247. See also 1850 P. L. 654 sec. 3 am. 1859 P. L. 617.
’ 1855 P. L. 308 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 261.
* Const., art. XIV, sec. I ; 1850 P. i. 6.54 sec. 2.
310
DISTRICT ATTORNEY 311
counties with less than 10,000 inhabitants to $7,500 in third-class counties.10
The county must pay the expenses of the district attorney and any officers
under his supervision,ll and must supply him with an office at the county
seat and necessary furnishings, supplies, and services.12 In addition, he is
provided with a digest of the laws of Pennsylvania, and any books on
evidence, criminal law, and criminal procedure which the district attorney
selects and one of the judges approves.‘3 If the district attorney accepts
“any fee or reward not prescribed for his official duties” or is willfully or
grossly negligent, he is guilty of a misdemeanor. Upon conviction, he may
be fined and imprisoned, and his office is declared vacant.l*
Powers and Duties. The district attorney signs all bills of indictment
and conducts all criminal prosecutions in the name of the State. Without
the approval of the court, he may neither enter nolle prosequi in a criminal
ease nor discharge a prisoner from custody.15 Before any trial, he must
notify at least one person whose presence there is desired by the
defendant.ls
Whenever it appears to the district attorney that anyone convicted within
the county during the past 2 years is a fourth offender, he files a complaint,
accusing the person of three previous convictions for serious offenses ;
thereupon action is taken by the court in which the person was last found
guilty.”
Among the few persons permitted to attend the sessions of the grand
jury are the district attorney and his assistants.ls Whenever a person about
to be discharged by the grand jury for want of prosecution seems insane,
the district attorney prepares a new indictment to be considered by the
grand jury in determining whether or not the person is insane.‘O
“1919 P. L. 79%am. 1933 P. L. 830; 1929 P. L. 1278 sec. 246 am. 1931 P. L. 401
sec. 1 further am. 1937 P. L. 2619 further am. 1939 P. L. 464.
“1923 P. L. 1973 sec. 1.
U 1923 P. L. 226 (applied to counties of fourth to eighth classes) sup. 1929 P. L.
1278 sets. 56, 57 (apply to all counties) ; 1929 P. L. 1278 sec. 556.1 added 1931 P. L.
401 sec. 19; Northsfein v. Carbolz County. 5 Dist. 69 (1896).
” 1929 P. L. 476 No. 193 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 250 added
1931 P. L. 401 sec. 9.
“1860 P. L. 382 sec. 17; 1929 P. L. 1278 sec. 348.
“1850 P. L. 654 sec. 1.
” 1935 P. L. 643 No. 228 sec. 2.
I’ 1929 P. L. 854 sec. 4 rep. 1939 P. L. 872 sec. 1201 but reen. as am. in sec. 1108(a, d).
II) 1929 P. L. 1794 (applies only to third-class counties) ; George J. Edwards, Jr.,
The Grand Jury, p. 108.
19 1860 P. L. 427 sets. 6, 8.
A number of miscellaneous duties belong to the district attorney. He
must make investigations of all applications for public dance hall licenses
and may require the State Motor Police, the county detective, or any
constable to help him in doing so. He is permitted to forfeit or revoke any
such licenses.2o Until 1937 he was authorized to petition for the with-
drawal of beer licenses,2’ and to sue for the collection of forfeited malt
beverage license bonds.22 The responsibility of beginning action against
a negligent railroad employee belongs to the district attorney.2s He also
gives to a member of the court papers concerning the commitment of chil-
dren to institutions. The judge makes the final decision in the matter.24
The district attorney is also responsible for investigating cases of alleged
fraud in elections.25
In third and fourth-class counties the district attorney is a member of
the board of inspectors of the county jail or prison.zB The district attorney
of any third-class county, with the approval of the county commissioners,
-..-. l. . ..- a-1 .em:m+n;r. . . ..th uay “UJ c&,&U I~IUII‘CUIII ,. 1.1. Guy-‘, ,-n.*n+77 f3rnrlc 3 nnlire rorlin r.y&ving 2nd trsn,+ b---u... - IT----- -----
mitting set for his office.*?
Certain subordinates may be apPointed by the district attorney. The
number of assistant district attorneys is fixed by law at not more than six
in third-class counties, four in fourth-class counties, two in fifth-class coun-
ties, and one in sixth and seventh-class counties. Court approval is needed
before any such appointments may be made in sixth and seventh-class coun-
ties. In a sixth-class county with two or more judges of the court of com-
mon pleas, the district attorney may name two assistants if consent is given
by the court. The salary board of a third-class county, in case of emergency
or increased business, may allow the district attorney to appoint as many
additional assistant district attorneys as the court will approve. The COM-
” 1927 P. L. 968 sets. 4, 6.
‘I1933 P. L. 252 sec. 13 am. 1933-34 (Sp. Sess.) P. L. 75 No. 14 sec. 1 further am.
1935 P. L. 1217 sec. 1 am. 1937 P. L. 1827 sec. 3.
** 1933-34 (Sp. Sess.) P. L. 15 sec. 410 am. 1935 P. L. 1246 further am. 1937 P. L.
1762 sec. 1.
s 1865 P. L. 30 sec. 2.
24 1893 P. L. 399 sec. 4.
1 1893 P. L. 419 sec. 27 am: 1903 P. L. 338 sec. 4 rep. 1937 P. L. 1333 sec. 1901;
1933 P. L. 1333 sec. 302(i).
” 1909 P. L. 262 sec. 1; 1921 P. L. 579 sec. 1. In any third- or fourth-class county
with a board of prison inspectors set up by special law, the district attorney is not a
member of the board.
” 1929 P. L. 1278 sec. 251 added 1937 P. L. 898 No. 238.
DISTRICT ATTORNEY 313
pensation of all regular assistant district attorneys is fixed by law?* In a
county for which there are no provisions for the appointment of an assist-
ant, the district attorney, with the approval of the president judge or the
salary board, if there is one, may appoint one to aid in the preparation and
trial of any indictment for homicide or murder. The remuneration of this
officer is approved and recommended by the judge presiding at the trial,
but it may not exceed $400. At present these provisions are applicable
only to eighth-class counties.2s Whenever there is no regular assistant and
the district attorney is unable to perform his duties, he may appoint “some
competent attorney of the county” to act as his deputy for one term of
court.“O In fourth-class counties, the district attorney may select an addi-
tional subordinate known as the indictment and cost clerk.31
The county detective and his assistants 32 are appointees of the district
attorney in third, fourth, fifth, and sixth-class counties. In seventh and
eighth-class counties the district attorney may employ a detective for the
investigation of any crimes committed in the county and in any county
he may hire additional special detectives whenever the court of quarter
sessions deems their services necessary.
The district attorneys of all counties are authorized to employ clerks and
stenographers. In third-class counties the salary board determines the
number and compensation of such assistants .33 The district attorney of any
fourth to eighth-class county may hire one or more stenographers, the
number and salary of whom are determined by law.34
Fingerprint experts may be employed by any district attorney to assist in
investigations of pending cases and to testify when these cases come to
trial. The district attorney may take the fingerprints of any inmate of the
county jail and may require the warden or any other person to take such
fingerprints.86
1 1929 P. L. 1278 sec. 256 am. 1931 P. L. 401 sec. 1 further am. 1937 P. L. 2619
sec. 2 further am. 1939 P. L. 233; 1929 P. L. 1278 sec. 257.
” 1909 P. L. 44 NO. 26 rep. 1929 P. L. 1278 sec. 1051 but reen. as am. in sec. 259.
8o 1850 P. L. 654 sec. 7 sup. 1929 P. L. 1278 sec. 260.
” 1919 P. L. 83 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 258 am. 1931 P. L.
401 sec. 1.
‘*See essay on County Detective.
*“1929 P. L. 1278 sec. 258 am. 1931 P. L. 401 sec. 1.
u1929 P. L. 1278 sec. 262 am. 1931 P. L. 401 sec. 1 further am. 1935 P. L. 657
further am. 1937 P. L. 2619 sec. 2.
*’ 1927 P. L. 414 sec. 5 (a, b).
-
314 COUNTY GOVERNMENT
This officer must give any information requested by the State Board of
Pardons 36 and by the Department of Welfare.” At the request of any
prison warden, the district attorney is obliged to forward to him a crim-
inal history of any given criminal.8*
Records. The only record actually required by law to be kept by the
district attorney is the Fingerprint File. In a few counties, however, one
or more of the other records shown are kept by this officer.
Fingerprint File, 1927-.
In this file have been kept the fingerprints of persons convicted of crimes
and of well-known and habitual criminals. The information shown is
usually as follows: the name, address, aliases, sex, age, criminal history,
and fingerprints of the person.3@
Aldermen’s and Justices’ Returns, recent dates. Title varies: In-
formation. -. . . c- ..11--.--^ - -..1 :..,c:,,, lnese are cne rtziuilla 01 CLIUCIIIILII allU ,UOciLbO 3& C..r t +Ln no?,.- rln rL.fm&nts yu.‘- .,.b M-e -_______-
awaiting trial. They show court term and case No. ; names of defendant,
prosecutor, and arresting and committing officials; the charge and disposi-
tion; and signature of official making return.40
Court Papers. Title varies : Cases for Grand Jury; Cases for Trial ;
Baby Cases in Prenatal Stage ; Fugitives ; Desertion and Non-
support, Cases to be NoI-prossed ; Sentence File ; Old Sentences ;
Cases to be Non-prossed upon Payment of Costs ; Statements in
Criminal Court Cases ; Police Inspection-Liquor Reports-Petition
for Extradition ; Statement in Liquor, State Police, Numbers Cases
and Miscellaneous.41
The court papers found in the district attorney’s office, although infre-
quently kept, vary greatly from county to county. They may consist of any
or all of the following: processes awaiting disposition by the grand jury,
“1931 P. L,. 71 No. 53 sec. 1.
“‘1929 P. L. 177 sec. 2311.
m 1889 P. L. 103 sec. 2.
aa 1927 P. L. 414 sec. 5(c). Although the district attorney is required to keep and
airan@ these files, in many counties these records are actualIy kept by the Pennsyl-
vania Motor Police.
* Upon the completion of the case these’ papers are filed with the clerk of the court
of quarter sessions and oyer and terminer.
‘I Any or all of these -papers may be found in any county, filed either iogether or
separately according to the type of case or paper.
DISTRICT ATTORNEY 315
bills returned by the grand jury, returns and bills of costs of aldermen
and justices relating to defendants awaiting trial, papers concerning cases
in which trial is delayed because of the defendant’s pregnancy, subpcenas
and bills of indictment in cases prepared for trial when the defendant is a
fugitive, processes to be nol-prossed, papers filed in cases where the sen-
tence has not yet been given, copies of statements in criminal court cases,
and transcribed notes of testimony.
Lists of Cases. Title varies: Untried Cases.
The district attorney sometimes keeps lists of cases to be tried, showing
court term and case number; names of prosecutor, defendant, and wit-
nesses ; and the charge.
District Attorney’s Docket. Title varies : Non-support Surety
Docket.
The district attorney sometimes keeps a record of criminal cases. It usually
shows the date; court term and case number; names of defendant, prose-
cutor, and arresting official ; the charge ; amount of bail and name of surety ;
date when information was filed ; and the, disposition, if any.
Bail Forfeited.
A separate record of forfeited recognizances is sometimes kept by this
officer. It shows the date when the process was issued; court term and
case number ; names of defendant, prosecutor, and surety ; the charge ;
amount of bond ; date ; and signature of official ordering forfeiture.
Maps.
The district attorney sometimes keeps maps showing the location of crimes
and accidents which occurred in the county.
XIII
COUNTY DETECII~VE
Evolution, Powers, a& Duties. The office of county detective was first
established only in Philadelphia 1 and Allegheny 2 counties by special laws.
In the other counties, however, this office has developed from the special
detective first authorized by a law of 1874 which provided that whenever
necessary the district attorney, with the approval of the court of quarter
sessions, might hire a detective to aid in the solution of any crimes com-
mitted in the county.3 In many counties a special detective was appointed
with such regularity that he became known as the county detective. After
1910 several laws were passed recognizing this situation, and permitting
counties to set up this office. Varying conditions were prescribed for coun- . . . . ,.,-+ I^__^^ 4 ties wlrnin uul~l cui ~O~LikiGii L~L~~L.J.
The provisions now in e&ect concerning this ofl?cer are those laid down
by the General County Law of 1929 and its amendments. In third-class
counties, there may be one chief detective, five assistants, and as many
other detectives as the salary board and the court will permit.6 Counties of
the fourth class may have a chief county detective, an assistant, and as
many as two special detectives. a One chief and one assistant may be ap-
pointed in fifth-class counties. 7 In counties of the sixth class the appoint-
1 1869 P. L. 1011 No. 1001; 1872 P. L. sec. 604.
’ 1870 P. L. 359.
’ 1874 P. L. 219 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 281.
‘1913 P. L. 157 No. 107 (for counties having from 300,000 to 700,000 population) ;
1919 P. L. 437 No. 215 (this act permitted the appointment of an assistant county
detective in counties having between 150,000 and 250,000 inhabitants, although no law
had definitely authorized the naming of a chief county detective in such counties) ;
1919 P. L. 727 sec. 1 (for caunties containin g less than 100,000 inhabitants).
’ 1921 P. L. 535 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 277 am. 1931 P. L.
401 sec. 1.
“1919 P. L. 437 No. 215 rep. 1921 P. L. 243 sec. 3; 1921 P. L. 243 sets. 1, 2 rep-
& 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 277 am. 1931 P. L. 401 sec. 1,
’ 1925 P. L. 592 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 278 am. 1931 P. L.
401 sec. 1 further am. 1937 P. L. 941 further am. 1939 P. L. 441 No. 252 sec. 1.
252 sec. 2.
316
I
COUNTY DETECTIVE 317
ment of one county detective is permitted,* while in seventh and eighth-
class counties, one may be employed whenever there are crimes to be in-
vestigated.s A special detective, analagous to that provided for in the law
of 1874, may be designated whenever the court of quarter sessions deems
his services necessary.lO
Any of these officers serves during the term of the particular district
attorney who appointed him and who may remove him for any reason.ll
They must take an oath before assuming office.12 For the more populous
counties the salaries of the detective and his assistants are fixed by law.13
In fifth-class counties their compensation is determined by the court of
quarter session.14 In sixth-class counties it is set within legal limits by the
salary board or the president judge,15 and in seventh and eighth-class coun-
ties their remuneration is decided upon by the district attorney subject to
the approval of the president judge.lB
County detectives have all the rights and powers conferred by law upon
constables to the extent that they concern crimes and criminal procedure.
They make investigations when requested by the district attorney and try
to secure evidence which is needed for the criminal cases being considered.
They perform any other duties which are requested by the district
attorney.l?
Records. There are no legal requirements for the keeping of records
by the county detective, and records are very seldom found in his office.
’ 1929 P. L. 1278 sec. 280 am. 1931 P. L. 401 sec. 1 further am. 1939 P. L. 441 No.
252 sec. 2.
’ 1929 P. L. 1278 sec. 279 am. 1931 P. L. 401 sec. 1.
lo 1929 P. L. 1278 sec. 281.
I1 1929 P. L. 1278 sec. 277; 1929 P. L. 1278 sec. 278 am. 1931 P. L. 401 sec. 1
further am. 1937 P. L. 941 further am. 1939 P. L. 441 No. 251 sec. 1; 1929 P. L. 1278
sec. 279 am. 1931 P. L. 401 sec. 1; 1929 P. L. 1278 sec. 280 am. 1931 P. L. 401 further
am. 1939 P. L. 441 No. 252 sec. 2.
‘* 1929 P. L. 1278 sec. 53.
la Ibid., sec. 277 am. 1931 P. L. 401 sec. 1.
” 1929 P. L. 1278 sec. 278 am. 1931 P. L. 401 sec. 1 further am. 1937 P. L. 941 sec.
1 further am. 1939 P. L. 441 No. 252 sec. 1.
I6 1929 P. L. 1278 sec. 280 am. 1931 P. L. 401 sec. 1 further am. 1939 P. L. 441 No.
252 sec. 2.
Ia 1929 P. L. 1278 sec. 279 am. 1931 P. L. 401 sec. 1.
” 1929 P. L. 1278 sec. 277; 1929 P. L. 1278 sec. 278 am.. 1931 P. L. 401 sec. 1
further am. 1937 P. L. 941 further am. 1939 P. L. 441 No. 252 sec. 1; 1929 P. L.
1278 sec. 279 am. 1931 P. L. 401 sec. 1; 1929 P. L. 1278 sec. 280 am. 1931 P. L. 401
sec. 1 further am. 1939 P. L. 441 No. 252 sec. 2.
318 COUNTY GOVERNMENT
For his own convenience, he sometimes keeps various papers relating to
criminals.
Criminal Records and Photographs. Title varies : Rogues’ Gallery ;
Crime Record ; F. B. I. Criminal Records.
These papers consist of photographs and information concerning criminals
and persons wanted by law-enforcement authorities. In some counties, the
persons with whom these records deal are those who have been charged
with crime, convicted or acquitted or are wanted in the county itself. The
records in other counties are of wider scope, and relate to persons convicted
or wanted in other States and counties and by the Federal Government.
The information given in these records varies, but it usually consists of
the name, address, description, photograph, occupation, family connections,
chirography, fingerprints, and classifications, and criminal history of the
person, with an account of the particular crime for which he is wanted.
XIV
GRAND JURY
Evolution and Structural Organization. The origin of the grand jury
reaches so far back into the past that it cannot be definitely indicated. It is
known, however, that it was a purely Anglo-Saxon institution and had
not been imported into England from the C0ntinent.l The grand jury was
provided for in the earliest laws of Pennsylvania under William Penn.*
The original Constitution of the United States made no mention of the
grand jury but the people quickly noticed the omission and by popular
demand a guarantee for it became part of the Bill of Rights which soon
was inserted in the Constitution. “No person shall be held to answer for a
capital or otherwise infamous crime unless on a presentment or indictment
of a grand jury.” * All Pennsylvania constitutions since that time have
provided for it indirectly when they say: liNo person shall, for any in-
dictable offense, be proceeded against criminally by information, except in
cases arising in the land or naval forces or in the militia, when in active
service in time of war or public danger, or by leave of the court for oppres-
sion or misdemeanor in office.” 4 Since all offenses are indictable in Penn-
sylvania, this article is all;inclusive.”
Although a grand jury may be composed of from 12 to 24 jurors, no
more than 23 are called, since a decision is made by 12 concurring votes.B
At first grand jurors were chosen by the sheriff on any basis he chose,?
but since 1805 their names have been drawn by lot, at first from a separate
jury whee1.8 Since 1816 one jury wheel has been used for the drawing of
‘Edwards, op. cit., p. 31.
‘Laws Agreed upon in England, 1685 in Charter to William Peitn, p. 100, sec. 8;
The Body of Laws, 1685 in Charter to William Penn, ch. XXXVIII, p. 117; Laws
of the Assembly, 1683, in Charter to William Penn, ch. LXVIII, p. 129.
’ Const. of U. S., amendment V.
’ Const. of 1790, art. IX, sec. 10; Const. of 1838, art. IX, sec. 10; Const., art. I,
sec. 10.
‘Edwards, op. cit., p. 34.
‘Ibid., p. 45.
’ 1700, II St. at L. 132 ch. XCVIII.
B 180.5 P. L. 183, 4 Sm.L. 237 sec. 1 sup. 1834 P. L. 333 sec. 79.
319
320 COUNTY GOVERNMENT
all jurors’ names, but grand jurors’ names are chosen first.s Until 1867 the
sheriff and county commissioners drew the name slips. Now the names of
jurors, except in third-class counties, are drawn by the sheriff and the jury
commissioners.” In third-class counties the drawing since 1925 has been
under the supervision of the jury board.ll
Grand jurors must be qualified voters of the county.12 In third-class
counties, there are additional qualifications for jurors. They must under-
stand English and must never have been convicted of a felony. No lawyer
or practicing physician may serve on a jury in such counties.13 Grand
jurors serve for one term of court, but if the judge feels it necessary, he
may require them to appear a week earlier or remain for an additional week
beyond the scheduled term .I4 After a juror has served, his name may not
be replaced in the jury wheel until a year has elapsed.16
Whenever an insufficient number of grand jurors appear, the judge may
fill the vacancies by resorting to a tales de circunzsta&bus. This consists *
of summoning bystanders to serve as jurors.1° Grand jurors may be re-
moved for cause, but peremptory challenges, permissible in the case of
petit jurors, are forbidden against grand jurors.17 No bond is required, but
all jurors must take an oath. Thereafter any juror is entitled to admin-
ister oaths to witnesses and other jurors. l8 The compensation of jurors is
set by law at $3 a day and mileage. Is The actual amounts paid in the coun-
ties vary, however.
Powers and Duties. The grand jury has two entirely different functions.
It is an accuser and intermediary between the local magistrates and the
court, and it is also an approver of certain public works and an inspector of
the various county institutions.
In the first respect, its duty is to consider cases brought to its attention,
in order 10 determine whether there is sufficient evidence to hold the accused
’ 1816, 6 Sm.L. 322 sec. 1.
lo 1867 P. L. 62 sec. 3.
I* 1925 P. L. 244 sec. 6 am. 1937 P. L. 2782 sec. 4; 1939 P. L. 157 sec. 6.
I2 1867 P. L. 62 sec. 2.
‘J1925 I’. L. 244 sec. 2; 1939 P. L. 157 sec. 2.
” 1875 P. L. 28 sec. 2 am. 1927 P. L. 420 sec. 2.
” 1834 P. L. 333 sec. 136.
“Edwards, op. cit., p. 52.
” Ibid., p. 82.
w 1826 P. L. 204 sec. 1 rep. 1860 P. L. 427 sec. 79 but reen. in sec. 10.
lo 1933 P. L. 851 No. 153.
GRAND .TURY 321
person for trial. Cases are brought to the grand jury through either pre-
sentment or indictment. The former refers to the bringing up of cases
from their own knowledge by members of the grand jury, while the latter
method is by a written accusation “preferred to and presented upon oath
by the grand jury.” In case of introduction of cases by presentment an
indictment always f ollows.20
Grand jury sessions are held behind closed doors, attended only by the
person bringing the charge, the accused person, the district attorney, and
witnesses summoned for the prosecutor by the district attorney. It hears
only evidence in favor of the prosecution,21 secured from three sources:
from the court, from the district attorney and his witnesses, and from the
jurors’ own observations and investigations. 22 Unlike Federal grand juries
and those of other states, a grand jury in Pennsylvania may not itself call
in witnesses.23 The accused person may not be represented by counsel nor
is he permitted to say anything in his defense or bring in witnesses.24 The
jurors may not be forced to disclose what evidence they considered, or
how their vote stood.2S Witnesses called before the grand jury must give
all information demanded unless it tends to incriminate them. In such
cases, however, unless a witness admits that the reason for refusal to
testify is fear of personal incrimination, he may be indicted for contempt
of court.28
If the jury finds a true biJ1, the case is held for trial, and if no true bill
is found, the grand jury decides whether the costs of prosecution are to
be paid by the county or the prosecutor.27 If a person about to be dis-
charged seems insane, the grand jury is empowered to investigate the
matter, after which the court impanels a jury to investigate the person’s
sanity.28 Whenever anyone is dismissed as innocent by the grand jury no
appeal from its actions is possible.2g
%Edwards, 0~5. cit., pp. 130, 131.
21 1887 P. L. 158 sec. 1; 1929 P. L. 1794 applies only to third-class counties.
“Edwards, op. cit., p. 109.
p Edwards, op. cit., p. 101.
-a4 Ibid., p. 36.
a Ibid., pp. 109, 116.
“Ibid., p. 133.
B 1860 P. L. 427 sec. 62.
a Ibid., sec. 68.
m Edwards, op. cit., p. 40.
322 COUNTY GOVERNMENT
Approval by the grand jury and the court of. quarter sessions is necessary
before certain public works may be constructed and various changes made
within the county. The grand jury must approve the establishment of new
boroughs 30 as well as the annexation of territory by any borough now’in
existence.31 Its consent must be given before any county road or bridge
may be built, vacated, or removed. 82 If a township or borough declares
itself unable to affprd the maintenance of any township or borough bridge,
the grand jury investigates the matter and decides whether it shall become
a county bridge or remain in its present status.8S Grand jury and court
approval must be secured for all expenses for repairs and alterations of the
public buildings of the county.84 Neither a county home for children 35
nor a shelter for vagrants 36 may be established without the same approval.
In the latter case, the grand jury fixes the amount which may be expended
for a shelter. The grand jury and the. court must also approve the con-
struction of county sewers and disposal plants,31 as well as additions to
the poorhouse,“s and construction work for the abolition of a grade cross-
ing,ag and the abandonment, removal, vacation,40 or replacement I1 of a
county bridge.
Certain other actions require the approval both of the court and two suc-
cessive grand juries. Such is the case when any land is to be purchased for
county purposes 42 and when any workhouse,43 morgue,44 or other county
80 1834 P. L. 163 sec. 2.
” 1927 P. .L. 519 sec. 410.
‘* 1929 P. L. 1278 sets. 771-774, 916.
-““Ibid., sec. 751 am. 1931 P. L. 401 sec. 1.
.*1929 P. L. 1278 sec. 552.
sa 1921 P. L. 666 No. 281 sec. 1, 9 am. 1931 ‘P. L. 22 No. 21. Until 1931 this act
applied only to counties of the fourth to eighth classes.
Se 1876 P. L. 154 sec. 6.
” 1929 P. L. 1278 sec. 1003.
m Ibid., sec. 615.
” 1903 P. L. 164 No. 123 sec. 1.
m 1915 P. L. 711 rep. 1929 I’. L. 1278 sec. 1051 but reen. in sec. 734.
‘I 1907 P. L. 3 sec. 1 am. 1929 P. L. 3 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278
_ sec. 732 am. 1931 P. L. 401 sec. 1.
a 1929 P. L. 1278 sec. 566.
” 1767, VII St. at L. 84 sec. 4; 1895 P. L. 377 No. 269 sec. 1 rep. 1929 P. L. 1278
sec. 1051 but reen. in sec. 568.
” 1893 P. I+. 457 No, 327 sec. 1 am. 1899 P. L. 52 sec. 1.
GRAND JURY 323
building 46 is to be constructed or rebuilt. The same approval is required
in order for the county to build a soldiers’ monument or memorial hall, or
to finish an inconipleted one.46
Records. No records need be kept by the grand jury. The reports of
their findings in criminal matters brought before them, however, are found
among the records of the clerk of the court of quarter sessions and oyer
and terminer. Likewise among the records of the clerk of courts will prob-
ably be filed the reports of the grand jury’s periodical inspection of county
institutions. In a few counties the latter reports are found in the county
commissioners’ office.
” 1834 P. L. 537 sec. 10 am. 1883 P. L. 58 sec. 1 further am. 1911 P. L. 1039 sec. 1
further am. 1921 P. L. 271 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sets.
552, 553, 566.
“ 1895 P. L. 96 sec. 1 am. 1901 P. L. 184 rep. 1929 P. L. 1278 sec. 1051; 1909 P. L.
18 No. 12 rep. 1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sets. 592, 593.
xv
SOLICITOR
‘-Evolution, Powers, and Duties. The law requires that all suits by a
county be brought and conducted by the county commissioners, who are
defendants when the county is sued.l During the nineteenth century it
became the custom for the commissioners to appoint a solicitor, often re-
ferred to as the commissioners’ attorney or counsel, to represent them in
such cases. In 1895 such appointments were given legal authorization,2
and at present every county has a solicitor.3
This officer, who must be “an attorney-at-law admitted and qualified to
practice in the courts of Pennsylvania” is designated by the county com-
missioners and holds of&e during the term of the commissioners who ap-
pointed him. Whenever the county is involved in unusually difficult or
excessive litigation, the commissioners may employ additional attorneys to
assist him.4 In third-class counties, the commissioners may appoint a regu-
lar assistant solicitor who performs any legal duties assigned to him by
the commissioners or solicitor.5 Before assuming office, the county solicitor
must take an oath 6 and file an agreement with the commissioners that he
will pay into the county treasury all fees and commissions he will receive
from any source as county solicitor. His compensation is determined by
the commissioners. The annual salaries of county solicitors in Pennsylvania
now range from $150 to $5,000.7
The solicitor commences and prosecutes all suits brought by the county
and defends all actions brought against the county. Recent laws require
’ 1834 P. L. 537 sec. 5 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 1031.
‘1895 P. L. 101 No. 75 am. 1903 P. L. 11 No. 11 rep. 1929 P. L. 1278 sec. 1051 but
reen. in sees. 151-153.
‘Pennsylvania Manual, r939, pp. 954-976,
’ Cumberlapld County v. Belizhorros, 19 Pa. C. C. 614 (1897) ; Carpenter V. North-
umberland County Commissioners, 26 Dist. 46 (1916) ; Light v. Lebanon Causty, 292
Pa. 494 (1928) ; Manheinz v. Board of Coultty Commissioners of Venango County,
330 Pa. 95 (1938).
* 1929 P. L. 1278 sec. 154 added 1931 P. L. 401 sec. 4.
‘1929 P. L. 1278 sec. 53.
’ Pennsylvania Manual, 1939, pp. 954976.
324
SOLICITOR 325
that he also act as solicitor for the registration commission 8 and the county
board of elections0 He is permitted to attend the annual meetings of the
State Association of County Commissioners, for which a limited amount
is paid by the county for his expenses. lo The solicitor must perform any
other professional duties which the commissioners require of him.,
Records. The law does not require that any records be kept by the
county solicitor, and those records which are found have been kept merely
as a matter of convenience.
Solicitor’s Papers. Title varies : County File.
In this file are usually kept originals or copies of miscellaneous papers, such
as correspondence and briefs concerning matters handled by the solicitor.
The information shown includes the dates, names of the adverse parties,
type of case or subject under consideration, and status and final disposition
of the matter.*l
’ 1937 P. L. 487 6; 1937 sec. P. L. 849 7. sec.
* 1933 P. L. 1333 306. sec.
lo 1913 P. L. 199 1 sec. rep. 1929 P. L. 1278 sec. reen. 1051 but in sec. 71; 1921
P. L. 76 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 72.
“The solicitor’s opinions are sometimes placed on file in the county commissioner’s
office.
PRISON AUTHORITIES
Evolution and Structural Organization. The earliest laws of Pennsyl-
vania required that a prison be built in each town where the courts were
he1d.l The sheriff was in charge of it and appointed the marshal whose
duties corresponded to those of present-day jail warden.2 For many
years thereafter, the sheriff and employees appointed by him, under super-
vision of the court of quarter sessions, had complete ‘charge of the county
jail3 But a law passed in 1899 required that there be established in every
county a prison board, the primary function of which was to supervise
prison labor, at that time limited to manual work. The board was composed
of the president judge, the county commissioners, and the sheriff .4 In 1907
its composition was changed to include only the commissioners and the
sheriff, but the influence of the president judge was not lost, for his ap-
proval of all rules and regulations made by the board was required.6 It was
stipulated that the sheriff still retain his power of appointing the warden
and staff of the jail6
Although the prison board thus constituted was designated for every
county, so many exceptions have been made that at present it exists only in
sixth, seventh, and eighth-class counties. The first exception was made in
the original law of 1899 which stipulated that in any county where control
of the prison was vested by special law in a board of inspectors or man-
agers, that board should continue in operation and perform any additional
duties laid down by the act of 1899. 7 The counties in which boards of
inspectors had been established by special law include Philadelphia,8
‘Duke of York’s Book of Laws, March 1, 1664, in CIzarter to William Penn, pp. 47,
6.5; Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 139, ch.
CI; A Petition of Right, June 1, 1693, in Charter to William Penn, p. 208 ch. 53.
‘Duke of York’s Book of Laws, Mar& 1, 1664, in Charter to Willium Penn, pp.
50, 55.
’ 179G, 2 Sm.L. 531 28. sec.
’ 1899 P. L. 89.
’ 1907 P. L. 247 2, 3. sees.
’ 1899 P. L. 89 7 1903 P. L. 299 No. 232 sec. am. sec. 1.
’ 1899 P. L. 89 3. sec.
* 1790, 2 Sm.L. 531 23; 1809 P. L. 25; 1823 P. L. sec. 100 sec. 2; 1835 ‘P. L. 232.
326
PRISON AUTHORITIES 327 .
Chester? Dauphin,‘O Berks,l’ Lancaster,‘2 Montgomery,13 Schuylkill,l’
Allegheny, I6 Delaware,lO Luzerne,‘? Lehigh,ls Northampton,‘s and North-
umberland. These boards are constituted differently in the various coun-
ties. The members-&e usually appointed either by the court or the county
commissioners .or both, but in Berks and Lancaster they are elected, and
in both Schuylkill and Northumberland the county commissioners ex officio
make up this board. In Allegheny County a group of county officers act
as a board of inspectors and in turn appoint the board of managers which
corresponds to the prison boards in other counties.
In 1909 a still different system was set up in counties of between 150,000
and 250,000 population. In every such county there was established a
board of inspectors of the county jail or prison consisting of the judges
of the court of quarter sessions, the district attorney, the sheriff, the con-
troller, and the county commissioners. This board has control, not only
over the labor of the prisoners, but over their safekeeping and discipline
and the government and management of the prison. Moreover the board,
rather than the sheriff, was given the power to appoint the warden.21 Since
1921 the provisions of this act have been applied to all third and fourth-
class counties.22
The system now in force for fifth-class counties likewise went into effect
in 1921. The prison there is under exclusive control of the county com-
missioners.2a
s 1839 P. L. 10.
“1841 P. L. 189.
” 1848 P. L. 399 supp. 1873 P. L. 625.
I* 1850 P. L. 89 rep. 1937 P. L. 2779.
lY 1851 P. L. 388.
” 1852 P. L. 211.
” 1865 P. L. 607 am. 1866 P. L. 8.
lo 1866 P. L. 588 No. 562.
“1868 P. L. 917 No. 870.
- 1869 P. L. 716
lo 1871 P. L. 706.
” 1878 P. L. 10.
n 1909 P. L. 262 No. 171 am. 1913 P. L. 279 but the amendment of 1913 ‘was
declared unconstitutional because it attempted to legislate for counties. of between
150,000 and 325,000 population. The act of 1909 includes only counties between 150,-
000 and 250,000 and no notice was given in the title of the act of 1913 of any change
in classification, Commonzoealth v. TJmmas, 248 Pa. 258 (1915).
2z 1921 P. L. 579.
a 1921 P. L. 470.
328 COUNTY GOVERNMENT
Therefore, at present, authority over the various county jails or prisons
‘of Pennsylvania is delegated to different officials. In the smaller counties
the sheriff is in complete control over all aspects of the prison except the
employment of inmates, which is under the supervision‘of the prison board.
Elsewhere, boards of prison inspectors, constituted either by general or
special laws, have supplanted the sheriff and are intrusted with exclusive
authority over the institutions. In no cases do the ex officio boards receive
additional compensation for these services. The salaries of elected and
appointed members of boards of inspection are usually merely nominal.
Powers and Duties. Control over the employment of prisoners is the
one duty which is vested in every type of prison board. The work must be
done within the jail and its grounds, on the roads of the countyF4 or in and
about county-owned property.25 The board may compel any inmate, except
those under death sentence, to perform this labor,26 and may empIoy as
many extra guards as necessary to watch them as they work outside the
prison. *’ The power of determining what materials, tools, and machinery
are needed is vested in the prison board. All purchases for the prison and
for the labor of inmates are paid for by the county commissioners’ with
warrants drawn on the treasury of the county.28 The board fixes the wages
of prisoners 29 and arranges for the sale or other disposition of the products
of their labor.30 It may also establish a fund from which the purchase of
machinery and materials for labor is financed and into which is placed all
money received from the sale of prison-made goods.31
With the performance of these duties, the responsibilities of prison
boards in sixth, seventh, and eighth-class counties cease. But in the larger
counties, the boards of prison inspectors have additional and more varied
duties, for in them is vested exclusive control over the “safekeeping, dis-
cipline, and employment of the prisoners and the government and manage-
ment” of the institution.32 They appoint and fix the salary of the warden,
w 1899 P. L. 28 sec. 4 ; 1907 P. L. 247 sec. 4.
w 1860 P. L. 427 sec. 75; 1895 P. L. 347 sec. 1; 1917 P. L. 1036 (joint resolution)
am. 1919 P. L. 79 sec. I.
m 1907 P. L. 247 sec. 1.
“Ibid., sec. 6.
“Ibid., SW. 5; 1923 P. L. 271 sec. 2.
to 1923 P. L. 271 sec. 3.
w Ibid., sec. 2.
OZbid., sec. 4.
* 1909 P. L. 262 sec. 1; 1921 P. L. 470 sec. 1; 1921 P. L. $79 sec. 1,
PRISON AUTHORITIES 329
who with the approval of the board selects the other employees.33 The
warden and staff may be removed by the board,34 which makes all necessary
rules and regulations for the institution. In fifth-class counties, approval
by the court of quarter sessions is necessary before any rule may be put
into force.35 All contracts relating to the county prison are awarded by
the board. Those requiring the expenditure of more than $100 must be
advertised and given to the lowest responsible bidder.3B The duties of the
boards of prison inspectors in counties for which special laws are in force
are in most cases practically identical to those of the boards which owe
their existence to these general laws.
There are certain differences between the duties of prison inspectors in
third and fourth-class counties and in fifth-class counties. In the former
the board elects a president and a secretary and must hold meetings at least
once a month,37 but in the latter the county commissioners need not hold
special meetings to consider prison affairs. 38 Moreover, in fifth-class coun-
ties, more specific duties are required from the board. At least once a
month a majority of its members must visit the prison. They may examine
the calendar of prisoners to see if every inmate is there and in his proper
cell. In order to investigate conditions the members may question and .
examine the inmates under oath. 3s The commissioners of fifth-class coun-
ties also make an annual report to the court of quarter sessions. It shows
the number of prisoners, together with stipulated details about each, and
mentions the significant events of the year such as deaths and escapes of
inmates. Incorporated within the report are any other observations and
suggestions for improvement of the institution. This report is filed with
the clerk of the courts.40
Records. The records kept by the jail and prison boards vary greatly.
In some of the smaller counties these boards are not very active and the
sheriff or jail warden keeps these records. Therefore, if any particular
record here described cannot be found in the office of the jail or prison
p 1909 P. L. 262 sec. 2; 1921 P. L. 470 sec. 2 ; 1921 P. L. 579 sec. 2.
“ 1909 P. L. 262 sec. 4; 1921 P. L. 470 sec. 3; 1921 P. L. 579 sec. 4.
p 1909 P. L. 262 sec. 2; 1921 P. L. 470 sec. 2; 1921 P. L. 579 sec. 2.
m 1921 P. L. 470 sec. 8 ; 1921 P. L. 579 sec. 3.
n 1909 P. L. 262 sec. 2; 1921 P. L. 579 sec. 2.
M 1921 P. L. 470 sec. 2.
“Ibid., sec. 6.
u, 1921 P. L. 47o’sfx. 7.
330 COUNTY GOVERNMENT
board, it should be searched for among the sheriff’s or jail warden’s rec-
ords. On the other hand, more detailed records than those shown here are
often kept as stipulated by the special laws setting up prison boards in
certain counties.
MEETINGS OF THE BOARD
Prison Board Minute Book, dates from the establishment of the
prison board in the county.
In this book are kept minutes of all the meetings of the board of inspectors
of the county jail or prison. 41 The following information is shown : date
and place of meeting, names of members present, business transacted, and
secretary’s signature.42
PURCHASE OF EQUIPMENT AND SUPPLIES 43
Record of Purchases for the Prison.
A record of supplies purchased for use of the county penal institutions is
sometimes kept here. It shows date of purchase, names, prices, and
quantity of items bought, total cost, dealer’s name, date paid, and check
number.
Record of Bills.
This is a record of approved bills for prison supplies and equipment, show-
ing date of purchase, name of contractor or vendor, items purchased, price
paid for each, total amount of bill, and date approved.
SUPERVISION OVER PRISON LABOR 44
Inmates’ Earnings.
An itemized account of all wages earned by the inmates engaged in prison
labor. It gives the following information for each prisoner : name, number
of hours worked, hourly wage rate, total amount earned, amount of money
received by prisoner or dependents, and amount due.45
U This record is kept in ail third-, fourth-, and fifth-class counties and in all counties
in which prison boards have been established by special laws.
u 1909 P. L. 262 sec. 2; 1921 .P. L. 470 sec. 2; 1921 ‘P. L. 579 sec. 2.
Is Records of equipment and supplies for the prison may also be found in the office
of the county commissioners or the controller.
H Prison labor reports are not found in every county, for all counties do not provide
labor for the inmates.
a 1923 P. L. 271 sec. 3. , . .
PRISON AUTHORITIES 331
Labor Account Book. Title varies : Cash Book; Sales Record.
A record of cash received and expended for materials manufactured and
raised by prisoners, showing amount and purpose of each expenditure,
items sold and amount received for each, purchasers’ names, amount sent
to county treasurer, and balance on hand.
FINANCIAL TRANSACTIONS
County Prison Account Book. Title varies : Journal.4B
‘A record of all financial transactions of the county prison is found here.
It shows all receipts and expenditures ,of the institution giving date of
transaction, names of payers and payees, item number, amount and pur-
pose of receipt or expenditure, total monthly amounts, and balance on hand.
Pay Roll.
The prison payroll record sometimes is kept separately. It shows each em-
ployee’s name and address, his salary, any advances and deductions made,
the date, and warrant number.47
M Accounts payable and accounts receivable are sometimes recorded separately.
” This record is usually found only in the more populous counties.
XVII
JAIL OR PRISON WARDEN
Evolution and Structural Organization. The first English government in
what is now Pennsylvania made early provisions that “Prisons and
Pilloryes are likewise to be provided in these Towns where the Several1
Courts of Sessions are to be holden.” * A more specific law required “That
the Justices of the Peace of each Rideinge shall cause a piece of ground to
bee layed out in the same Towne where the sessions shall be keept, whereon
shall be built a Towne House, and Prison which are to bee erected before
the next Assizes.” 2 The prisons were under the charge of the marshal
who was appointed by the sheriff, the chief officer of the riding.3
Among the first laws promulgated by William Penn in 1682 was one
which decreed, “that all prisons shall be workhouses for felons, vagrants,
and loose and idle persons, whereof one shall be in every county.” 4 Later
laws passed by the first assemblies required that each county erect a prison.
Fines were imposed on counties which did not complete the building within
a given time.” Such an institution now exists in every county, and local .
usage alone determines whether it is generally known as the jail or the
prison. It is apparent from laws passed during the colonial period that the
sheriff and persons chosen by him were responsible for the care and main-
tenance of prisoners.6 A law of 1790 provides that the sheriff with the
approval of the court of quarter sessions appoint as many keepers as
necessary.?
Today the sheriff has this responsibility only in counties of the sixth,
seventh, and eighth classes, for more recent laws, both special and general,
have made other provisions for the appointment of the jail warden in the
‘Duke of York’s Book of Laws, March 1, 1664, in Charter to William Pem, p. 47.
‘Duke of York’s Book of Laws, September 28 to October 4, 1665 jn CIz&er to
William Penn, p. 65.
*Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, pp. 50, 55.
‘Laws Agreed upon in England, April 25, 1682, in Charter to William Pew> p. 100.
‘Laws of the Assembly, March 1, 1683, in Charter to William Penn, p. 139, ch. CI;
A Petition of Right, June 1, 1693, in Charter to William Pen%, p. 208, ch. LIII.
‘1730, 1 Sm.L. 181 sets. 14, 15, 19.
’ 1790, 2 Sm.L. 531 sec. 28.
332
JAIL WARDEN 333
more populous counties. In the majority of the smaller counties, it is the
custom for the sheriff himself to act as warden of the county jail.
In 13 of the larger counties, including Philadelphia and Allegheny,
special laws have established boards of prison inspectors or boards of
managers of the county prison. These individually created boards are each
empowered to select the warden of the county prison.8 The only exception
is Lancaster County where the “prison keeper” has been elected since 1871.9
Later laws for counties of the third, fourth,‘O and fifth I1 classes stipulate
that none of these special laws be repealed. Therefore, in each third and
fourth-class county without a conflicting special law there is a board of
prison inspectors made up of the county commissioners, controller, sheriff,
district attorney, and the judges of the court of quarter sessions.12 In the
fifth-class counties the county commissioners alone act as a board of in-
specters of the county jail. la In each type of ex ofiicio board is vested the
power of appointing the jail warden.14
.
A jail warden may follow any line of endeavor except that of tavern
keeper. I6 In counties operating under general laws the warden serves dur-
ing the term of the sheriff or prison board which appointed him and which
may remove him. Removal of a warden by a sheriff must have approval
of the court of quarter sessions. I6 In counties for which special laws are
in force, the warden usually has a definite term of 1 or more years subject
to removal by the board of .prison inspectors. Vacancies are filled by the
appointing body.
Before assuming office the jail warden must take an oath.” In counties
of the third, fourth, and fifth classes he is also obliged to post a bond, the
amount of which is fixed by the board of inspectors, and in fifth-class
counties, passed upon by the court of quarter sessions.ls
‘See essay on Prison Authorities.
’ 1871 P. L. 74 rep. 1937 P. L. 2779.
lo 1909 P. L. 262; 1921 P. L. 579.
u 1921 P. L. 470.
n 1909 P. L. 262 sec. 1; 1921 P. L. 579 sec. 1.
la 1921 P. L. 470 sec. 1.
“1909 P. L. 262 sec. 2; 1921 P. L. 470 sec. 2; 1921 P. L. 579 sec. 2.
I5 1730, 1 Sm.L. 181 sec. 19.
I’ 1790, 2 Sm.L. 531 sets. 28, 29; 1909 P. L. 262 sec. 4; 1921 P. L. 470 sec. 3 ; 1921
P. L. 579 sec. 4.
“1929 P. L. 1278 sec. 53.
‘* 1909 P. L. 262 sec. 4; 1921 P. L. 470 sec. 3; 1921 P. L. 579 sec. 4.
334 COUNTY GOVERNMENT
In the smaller counties, the salaries of the jail warden and his assistants
are fixed by the court of quarter sessions.lg Where the sheriff himself
acts as jail warden, he does not get an additional salary for his services.
The actual expenses incurred by him for the care and maintenance of
prisoners are paid by the county, however, upon receipt of itemized bills.*O
Former laws provided that the sheriff receive a daily allowance for each
prisoner in his custody. 21 Because of the abuses possible under the opera-
tion of such laws, the present system has been adopted. Now no warden
may make a profit in addition to his salary from money appropriated for
the care and maintenance of prisoners. 22 In third and fourth-class counties,
the salaries of the wardens are fixed by the salary boards,23 and in fifth-
class counties, their compensation is determined by the county commis-
sioners.24
Powers and Duties. The warden is in almost complete charge of the
county jail. He must attend to the clothing, lodging, safekeeping, diet, and
care of the prisoners, whom he may punish when necessary.25 Formerly
he was also required to superintend and direct the labors. of the prisoners,2’
but since 1899 this has been the responsibility of the respective prison
boards or boards of prison inspectors. 27 The warden may assign to work
on the roads any prisoner except those under sentence of death.28 He is
obliged to receive into the jail United States prisoners,2Q prisoners of war,3o
and military offenders,S1 and he must permit the representatives of the
*‘1790, 2 Sm.L. 531 sec. 28.
m 1925 P. L. 559 sec. 1 am. 1927 P. L. 68 No. 46 sec. 1 (sixth-class counties) ; 1933
P. L. 14 sec. 1 (seventh-class counties) ; 1923 P. L. 275 sec. 1 am. 1939 P. L, 272
No. 146 sec. 1 (eighth-class. counties).
1 There are numerous laws to this effect, both special and general.
” Attorney General’s Opinions, vol. 192526, pp. 542, 543.
29 1921 P. L. 579 sec. 2; 1929 P. L. 1270 No. 439; 1929 P. L. 1278 sec. 301 am. 1931
P. L. 401 sec. 1.
” 1921 P. L. 470 sec. 2.
m 1790, 2 Sm.L. 531 sec. 28; 1923 P. L. 775 No. 306 sec. 1.
“Ibdd. ’
n 1899 P. L. 89 sets. 2, 3; 1907 P. L. 247 sets. 2, 3.
yI 1915 P. L. 812 sec. 2.
“1789, 2 Sm.L. 513 sec. 2.
“1814, 6 Sm.L. 118 sec. 1.
“1899 P. L. 133 No. 123 sec. 78 sup. 1911 P. L. 131 sec. 79 rep. 1917 P. L. 113
sec. 72 but reen. in sec. 61 rep. 1921 P. L. 869 sec. 73 but reen. in sec. 61 am. 1923 P.
L. 227 sec. 12 further am. 1937 P. L. 1213 sec. 3.
JAIL WARDEN 335
State Department of Welfare to make periodical inspections of the jai1.32
,The law forbids the warden to allow spirituous liquors to be received by any
prisoner. If he permits this, he is fined and removed from office.33
Upon the written request of the district attorney, the warden may take
fingerprints of anyone in the county jail. He must furnish the State Motor
Police, upon request, with the fingerprints, photograph, and description of
any inmate.34
A number of reports must be sent by the jail warden to other officials.
He must prepare a quarterly report for the county commissioners, giving
numerous stipulated details, such as the list of inmates, the terms for which
they are sentenced and the court which committed them.3” A report of
Gmilar nature is made annually for certain State authorities. From 1847
until i872, it was made to the Secretary of the Commonwealth,30 and since
1872 to the Secretary of Welfare.37 The warden also furnishes the county
commissioners with a calendar of prisoners and the amount of work done
by them.38 The warden of any prison to which an inmate is transferred or
retransferred must give notice of that fact to the county commissioners of
the county in which the prisoner was originally sentenced and the clerk
of the court which sentenced himSo
In counties of the sixth, seventh, and eighth classes, the sheriff may
appoint as many employees of the county jail as the court of quarter ses-
sions will permit. Their wages are determined by the cou.rt.40 In third,
fourth, and fifth-class counties the warden, with the approval of the board
of inspectors, appoints any necessary employees, such as a physician,
matron, guards, and other assistants. The number and salary of these
employees are determined by the board. The warden may suspend them,
but they may be removed only by the board of inspectors.41 In some of
the counties operating under special laws the employees of the jail are
appointed by the warden, but in others they are selected by the board of
inspectors of the county jail.
82 1921 P. L. 1144 12. sec.
a3 1790, 2 Sm.L. 531 30; 1807, 4 sec. Sm.L. 393 sec. 4.
” 1927 P. L. 414 2, S(a). sets.
““1807, 4 Sm.L. 393 sec. 5.
a(1 1847 P. L. 172 1. sec.
” 1872 P. L. 42 1, 2 1893 sets. am. P. L. 285.
g 1790, 3 Sm. L. 531 30. sec.
” 1923 P.L. 1044 5. sec.
H) 1790, 2 Sm.L. 531 28. sec.
u19O9 P.L. 262 sets. 2, 4; 1921 P.L. 470 sets. 2, 3; 1921 P.L. 579 sets. 2, 4.
336 ’ COUNTY GOVERNMENT
Records. Records of the jail or prison warden are described below :
JOURNAL
Warden’s Journal, 1921-.42
In this book the warden enters regularly the name and sex of every inmate,
together with the length and character of sentence, and the dates of recep-
tion, discharge, death, pardon, or other termination of sentence.43
COMMITMENTS AND DISCHARGES
Commitments, Discharges and Detainers.44 :
These are the papers filed in the commitment and discharge of inmates
and detainers lodged against prisoners pending completion of their sen-
tences. The following information is shown in the commitments and dis-
charges: court term and case number, name of inmate, charge upon which
committed, term of sentence, name of committing official, and date of
commitment or discharge. The detainers show the date, inmate’s name,
cause for action, place where inmate is wanted, and official seals and
signatures.45
Commitment and Discharge Record. Title varies : Admission Cards ;
Day Book ; Indictment Book ; Receiving Book ; Prisoners’ Docket.46
Found here is a record of all prisoners committed and discharged. In some
counties it consists merely of transcripts of the papers entitled Commit-
ments and Discharges. In other counties the warden has kept a record
containing similar information. It usually shows the following: name of
prisoner, date of commitment or discharge, the number assigned to him,
name of committing official, charge, and term of sentence.47
“Since 1921 this record is required only in fifth-class counties. In a number of
other counties, however, the warden has kept a similiar record as a matter of con-
venience.
c4 1921 P. L. 470 sec. 5.
*In some counties commitment papers and discharge papers are filed together, in
other counties separately.
“The preservation of these papers is not required, and in some counties they are
kept only for the term of the incumbent sheriff or jail warden.
“In some counties commitments and discharges are recorded together and in other
counties they are recorded separately.
“This is not a required record and is not kept in every county. Some jail wardens
place the information found here in the Record of Prisoners instead.
JAIL tYAiiDEni 337 . . - -
Sentence Papers.
These are certified transcripts of court sentences showing court term and
case number, defendant’s_ name, charge, sentence, registry number, and
seal and signature of clerk of courts.48
PRISONERS’ RECORDS
Record of Prisoners. Title varies : Jail Record ; Commitment Rec-
ord ; Fingerprint Records.
This record, kept either in a book or on cards, gives various details about
each prisoner, such as name, address, age, nativity, number, physical
description, nationality, sex, colQr, name of committing official, charges,
sentence, criminal record, photograph, fingerprints, medical record, home
conditions, education, narcotic history, habits, prison record, and dates of
commitment and discharge.48
Medical Record, 1921-.60
Within 48 hours after his arrival at the prison each inmate must be given
an examination to determine his physical and mental condition. A record
of the results of this examination is kept.61
Felon Register, 1889-.
This is a special register of all felons confined in the county jail or prison.
This record contains their descriptions, photographs, and Bertillon meas-
urements, as well as their criminal histories as taken from court records.52
Record of Prisoners Receiving Medical Attention.
In some counties a special record is kept of prisoners receiving medical
attention. This may be either of inmates requiring special attention or a
record of the medical treatment given to prisoners. Either of these records
usually give the following information about each prisoner : name and
number ; period of sentence in jail ; dates when medical treatment was
given; and his color, age, sex, physical history, mental condition, and health
uJ This is not a required record and is seldom found.
“In most counties this is not a required record. It is almost universally kept, both
as a matter of convenience and as a result of special laws. The exact information
varies from county to county.
M, Similiar earlier records are found in some counties.
” 1921 P.L. 433 No. 208 sec. 1. This is seldom kept as a separate record, but the
information is usually entered on the record of prisoners.
&*1889 P.L. 103. This record is not open to the public, but it may be used as evi-
dence in any subsequent trial. It is open to the inspection of any court officer.
338 COUNTY GOVERNMENT
during imprisonment. In some counties this record is made by the physician
or nurse, and in others it is kept by the warden and based on the.physician’s
reports.63
REPORTS
Monthly Population Report.
Some wardens keep copies of the monthly population reports which they
send to the Department of Welfare. These reports show all commitments
and discharges of prisoners during the month. The date of the report and I the following information about each prisoner mentioned is given: name,
address, age, sex, mental condition, occupation, and date, time, place and
by whom committed or discharged. Also shown is the total number of
prisoners who are discharged and committed and the warden’s signature.64
Quarterly Report. Title varies : Register.
Filed or recorded here are copies of the quarterly reports to the county
commissioners of all prisoners received.55 The information given is as
follows: name, age, register number, color, birthplace, atid occupation of
each inmate ; names of delivering and committing officials ; charges and
date of conviction ; name of institution to which he was sentenced; record
of previous convictions ; length of sentence imposed; and date and manner
of discharge.56
Annual Report. Title varies : Statistics.
A few jail wardens have kept copies of the annual reports which they have
successively prepared for the Secretary of the Commonwealth and the
Secretary of Welfare. Each report gives the following information: num-
ber of persons committed during the year, with the convicts distinguished
from those who were awaiting trial or held as witnesses ; offenses for
which inmates were convicted or with which they were charged ; tabulation
of sex, color, age, nativity, marital status, occupation, and education of
inmates ; average length of imprisonment; number of persons who were
returned to court; those who were discharged or pardoned or who died or
escaped ; and the cases and nature of illness during the year. Also in-
cluded is an account of the labor performed by prisoners ; the aid given to
b9 This is not a required record and is not kept in every county.
“‘The warden is not required to preserve copies of these reports. Therefore, they
are not found in every county.
%The warden has prepared these reports since 1790, but since he is not required
to preserve copies, they are seldom kept.
@ 1790, 2 Sm.L. 531 sec. 30 ; 1807, 4 Sm.L. 393 sec. 4.
JAIL WARDEN 339
prisoners upon their discharge ; and the educational facilities provided for
inmates. The report also gives an itemized account of receipts and expendi-
tures of the prison, an inventory of the property of the institution, and
any additional information which the warden considers is of interest.67
MISCELLANEOUS
Warden’s Daily Record. Title varies : Time Book; Board Book ;
Time Register for Board of Prisoners ; Board Blotter for Regulars.
A daily record of the time served by each prisoner, showing the date, pris-
oners’ names, number of meals served, total cost of board per day for all
prisoners, and rate per day for each prisoner.68
Record of Prisoners’ Property. Title varies: Sheriffs’ Receipt
Book; Discharges from Jail.
A record of property taken from prisoners upon their arrival at the jail
and returned to them at the time of their discharge. The following informa-
tion is given : date ; list of property taken ; and prisoner’s name, number,
and signature.60
List of United States Prisoners, 1789-.60
A list of all United States prisoners confined in the county jail, showing
the name of every such prisoner and the number of days spent by him
in the institution.61
List of Prisoners of War, 1814-.62
This is similar to List of United States Prisoners, except that it relates to
prisoners of war who are confined in the county jaibBa
” 1847 P.L. 172 sec. 1; 1872 P.L. 42 sec. 1, 2 am. 1893 P.L. 285. This report is
prepared by either the jail warden or the board of inspectors of the caunty jail or
prison. Therefore, it may be found in either of those two offices. But since copies
of the report do not have to be kept it may be found in neither.
m When this record is found it probably exists only for the period when the sheriff
acted as jail warden. It was kept by the sheriff for his own convenience in determin-
ing how much money was due to him by the county for the maintenance of prisoners.
” This is not a required record and is not found in every county.
w These records form the basis for reimbursement by the Federal Government for
the maintenance of such prisoners. Therefore, they are usually discarded when pay-
ment is made and seldom are preserved by the warden.
m 1789, 2 Sm.L. 513 sec. 3.
“Like the List of United States Prisoners, these lists are seldom preserved after
they have served their original purpose.
“1814 P.L. 79, 5 Sm.L. 118 sec. 3.
340 COUNTY GOVERNMENT
Cell Register. Title varies : Keepers’ Report ; Inmate Record.
A record of the cells to which prisoners have been assigned, showing the
name of prisoner and the range and cell number to which he is assigned.64
Prisoners Sent to Other Institutions. Title varies: Record Penn-
sylvania Industrial Reformatory, Eastern Penitentiary.
The wardens of some county prisons have kept records of persons sen-
tenced in the county to other penal institutions and of persons transferred
from the county jail to reformatories or other prisons. The information
given is usually as follows : defendant’s name ; court term and case num-
ber,; date of sentence ; charges, v,erdict, and sentence; judge’s name and
dates of original commitment and transfer.65
“This is not a required record and is not found in every county. In some counties
it contains additional information similiar to that found in Commitment and Discharge
Record.
-This is not a required record and is not found in all counties.
XVIII
PAROLE BOARD
Evolution, Powers, and Dtlties. There is no definite law authorizing the
setting up of a parole board in a Pennsylvania county. Nevertheless, such
boards have been established in a few counties by the court of quarter
sessions, by virtue of the fact that in that court is vested all authority over
probation and paro1e.l The composition of the board varies from county
to county, but usually consists of several of the county officers whose duties
give them considerable knowledge of law enforcement and penal conditions
there. They receive no extra compensation for their work on the parole
board. Their duties are such as the court requires from them, but are
usually confined to receiving and acting upon petitions for parole.
Records. No records are required from the parole board, but some are
usually kept as a matter of convenience. The records shown here are the
type of papers which are generally found in this office. They usually date
from the establishment of the parole board in the county.
Parole Board &linute Book.
This is a record of the proceedings of the parole board. It shows the date
of meeting, names of members who attended, business transacted, and sec-
retary’s signature.
Petitions for Parole.
These are the petitions received from persons seeking release on parole.
They show the date, prisoner’s name and address, crime for which im-
prisoned, sentence, time served, extenuating circumstances which are be-
lieved to entitle him to parole, and a notation as to whether parole was
granted.
Copies of Court Decrees.
Copies of decrees handed down by the court are sometimes kept on file
by the parole board. The following information is contained: court term
and case number, charge, defendant’s name and address, sentence, time
already spent- in prison, whether or not parole is granted, and name of
parole officer to whom released prisoner is to report.
a 1901 P.L. 279 sec. 6 rep. 1903 P.L. 274 sec. 12 ; 1903 P.L. 274 sec. 3 am. 1909 P.L.
89 sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 17; 1909 P.L. 495 sec. 3; 1911
P.L. 1055 sec. 1 am. 1925 P.L. 554 No. 297 sec. 1; 1911 P.L. 1055 sec. 3 am. 1919 P.L.
569 sec. 1; 1913 P.L. 502 sec. 1 sup. 1917 P.L. 268; 1917 P.L. 773 No. 290 sec. 4,
341
XIX
PROBATION AND PAROLE OFFICERS
Evolution and Structural Organization. The court of quarter sessions
has always had wide jurisdiction over neglected and dependent persons
and over various classes of offenders. The court’s approval was required
before any indenture could be reassigned at the death of the master or
mistress of an apprentice.l It was likewise permitted to return to reform
school any inmate who was ill-treated at the place to which the court had
indentured or otherwise assigned him.2 The court might issue support
orders and commit the offenders to jail until they were able either to com-
ply with the order in question or to give security for its performance.3
Moreover, any poor person ordered removed to another county might
appeal to the court if he considered himself aggrieved by such a re-
quiremenL4
As a natural outgrowth of such powers and responsibilities as well as
of its jurisdiction over criminal cases the court of quarter sessions was
given general supervision over probation and parole.as these systems were
adopted: in 1901 over neglected and dependent children,6 in 1909 over
adult first offenders convicted of any but the most serious crimes,g in 1911
over persons paroled from county penal institutions,7 and in 1913 over
defendants in desertion cases.8
The court may appoint as many probation officers as it considers neces-
sary and for as many of the above functions as it chooses. In every in-
stance, however, adult probation officers may have under their supervision
persons of their own sex only.g Probation officers must be “discreet
ll799, 3 SmL. 38.5 sec. 2.
’ 1879 P.L. 84 sec. 1.
* 1836 P.L. 539 sec. 31.
‘Ibid., sec. 19.
’ 1901 P.L. 279 sec. 6 rep, 1903 P.L. 274 sec. 12; 1903 P.L. 274 sec. 3 am. 1909 P.L.
89 sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 17.
’ 1909 P.L. 495’ sec. 3.
‘1911 P.L. 10.55 sec. 1 am. 1925 P.L. 554 No. 297 sec. 1; 1911 P.L. 1055 sec. 3 am.
1919 P.L. 569 sec. 1.
’ 1913 P.L. 502 sec. 1 sup. 1917 P.L. 268; 1917 P.L. 773 No. 290 sec. 4.
‘1909 P.L. 495 sec. 3; 1911 P.L. 1055 sec. 3 am. 1919 P.L. 569 sec. 1.
342
PROBATION OFFICERS 343
persons, of good character.” I* They are responsible only to the court
which appointed them and which may remove them at any time.” They
take an oath,12 but no bond is required from them. At first, they were for-
bidden to receive any compensation from the public treasury,13 but now
the county provides them with a salary determined by the court, as well
as all expenses incurred in the performance of their duties.14 If the court
deems it necessary it may appoint one or more clerks to aid the probation
officers. Their salaries are fixed jointly by the court and the county
commissioners.15
Powers and Duties. Probation officers must perform any duties directed
by the court of quarter sessions. The law suggests that probation officers
attend court whenever cases are heard concerning persons under their
supervision. They must secure any information requested by the court.
Their chief duty, however, is to keep informed about the condition and
conduct of their charges.la This is usually achieved by requiring the per-
sons to report to an officer periodically. Desertion probation officers may
be required to collect support orders and deliver them to the designated
recipient.”
These officers are obliged to keep accounts which are examined by the
county controller or auditors. The results of these audits must be reported
to the court of quarter sessions. I8 They are required to prepare for the
Department of Welfare any reports which it requests.lg
The law permits the probation officers to attend the annual sessions of
the State association or conference of probation and parole. The county
‘” 1901 P.L. 279 No. 185 sec. 6 rep. 1903 P.L. 274 sec. 12 but*reen. in sec. 3 rep. 1933
P.L. 1433 sec. 28 but reen. in sec. 17; 1909 P.L. 49.5 sec. 3.
I1 1901 P.L. 279 No. 185 sec. 6 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 3 rep. 1933
P.L. 1433 sec. 28 but reen. in sec. 17; 1909 P.L. 495 sec. 3; 1911 P.L. 1055 sec. 3 am.
1919 P.L. 569 sec. 1; 1913 P.L. 502 sec. 3.
I* 1929 P.L. 1278 sec. 53.
1 1901 P.L. 279 No. 185 sec. 6 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 3.
” 1909 P.L. 49.5 sec. 1; 1911 P.L. 1055 sec. 3 am. 1919 P.L. 569 sec. 1; 1913 P.L.
502 sec. 3; 1933 P.L. 1433 sec. 17.
I6 1933 P.L. 1433 sec. 17.
*‘1901 P.L. 279 No. 185 sec. 6 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 3; 1909
P.L. 495 sec. 1; 1911 P.L. 1055 sec. 3 am. 1919 P.L. 569 sec. 1; 1933 P.L. 1433 sec. 17.
I7 1913 P.L. 502; 1917 P.L. 773 No. 290 sec. 4.
‘* 1929 P.L. 1278 sec. 372.1 added 1931 P.L. 401 sec. 12.
lo 1929 P.L. 177 sec. 231!.
344 COUNTY GOVERNMENT
pays the actual expenses incurred by the officers in attending these
meetings.20
Probation pfficers have not been appointed in every county of Penn-
sylvania, and where they have been named, a great variance exists between
the different counties. In some counties where there are no regular proba-
tion or parole officers, the court occasionally designates someone, often
the sheriff, to take charge of a particular case which arises. In the counties
where a regular probation oflice has been established, its work is sometimes
limited to one or two of the functions of a probation officer, while in other
cases all types of this work are carried on in a single county, probation and
parole of both children and adults, and the collection of support orders.
The compensation of officers in the individual counties ranges from nothing
to several thousand dollars a year.
Records. Probation officers must keep whatever records the court of
quarter sessions requires. 21 Therefore, in some counties no records are
found and in others most of those shown here are kept. The dates of all
records vary from county to county; although in many cases a particular
type of record has been kept regularly ever since the establishment in that
county of a probation office or of that phase of the work to which the
record in question relates.
SUPERVISION OVER PROBATION A&D PAROLE
Court Papers 22
Copies of Court Orders.
Copies of court orders and petitions for parole or probation, showing court
term and case number; charge; name, address, age, color, sex, occupation,
and earnings of the defendant; 23 signatures of witnesses and defendant ;
date placed on probation or parole ; summary of court costs and plan for
their method of settlement; the names of judge, clerk of courts, and pro-
bation officer to whom nonsupport payments or reports are to be made.
Notes of Testimony. Title varies: Court Sheets.
A record of testimony taken in cases referred to the probation office is
sometimes found in that office. It shows court term and case number;
m 1923 P.L. 267 No. 170 rep. 1929 P.L. 1278 sec. 1051 but reen. in sets. 91, 92.
n 1901 P.L. 279 sec. 6 rep. 1903 P.L. 279 sec. 12 but reen. in sec. 3 am. 1909 P.L.
89 sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 17; 1909 P.L. 495 sec. 4; 1911
P.L. 1055 sec. 3 am. 1919 P.L. 569.
“Sometimes these are found in Miscellaneous File.
)a The occupation and earnings are noted only jn nonsupport cases.
PROBATION OFFICERS 345
names of defendant, prosecutor, and witnesses; charges; testimony taken;
and disposition of case.
Recommendations for Release from Parole or Probation.
Copies of recommendations to the court to release a defendant from pro-
bation or parole are sometimes kept on file. The following information
is contained : date ; defendant’s name ; court term and case number ;
charge ; and names of the judge who pronounced sentence, the district
attorney recommending release, and the judge issuing the order.
Case Histories
Case Histories. Title varies: Juvenile Case Histories; Probation
Record ; Adult Probation Records ; Active Boys’ File ; Inactive
Boys’ File ; Adults ; Active Girls’ File ; Inactive Girls’ File ; Report
Cards; Parole Reports.24
Case histories of all persons who have been under the supervision of the
probation and parole office are very frequently kept. The information
varies in the different counties, but the following is generally found about
each persqn: biographical and physical information, crime record, dates
of probationary period, reports of investigators, dates and results of the
defendant’s reports to the office, dates and amounts of payments made in
nonsupport cases, and disposition of case.25
List of Cases. Title varies : Visible Card Index ; (Criminal Cases) ;
Visible Card Index (Domestic Relations Cases).
These lists of cases give varying information such as the defendant’s name,
address, and employment record ; the prosecutor’s name ; and information
concerning the institutions or homes in which children have been placed.
Reports
Reports to the Court.
These are copies of the reports of the probation officers to the court of
quarter sessions. The information varies in the different counties, since
“In some counties this record contains case histories of all persons under the super-
vision of the probation and parole ofice. In other counties case histories may be kept
separately under any or all of the following headings: adult, juvenile, male, female,
probation, parole, and nonsupport. These records may also be separated into active
and inactive cases.
*‘This record is kept in almost every county where probation and parole work is
carried on.
346 ~ COUNTY GOVERNMENT
the court alone prescribes the contents of these reports. Usually it is
similar to that shown in Case Histories.“’
Reports to Controller.”
The probation and parole office sometimes keeps on file copies of their
monthly report to the controller. It is an itemized account of all the
finances of the office and shows the date, names of all persons paying
money into the ofice or receiving money from the office, purpose of all
receipts and expenditures, and totals ‘received and disbursed.2R
Audit of Accounts of Probation’ Office.
Copies of the auditors’ or controller’s reports to the court concerning the
accounts of the probation office are sometimes kept. They show the date,
period covered, and receipts and. disbursements of the office.2”
FINANCIAL TRANSACTIONS 3o
Cash Receipt Book. Title varies: Cost Day Book; Parole Ledger.
A record of payments of costs and fines, showing date, defendant’s name,
court term and case number, amount paid, and daily and monthly totals.
Desertion Ledger.
A record of payments of support orders issued against deserting husbands.
It usually gives the following information : names of parties, court term
and case number, defendant’s employment record date and amount of
support order, and dates and amounts of payments.
Expenses for the Maintenance of Court Wards.
A record of the expenditures for the maintenance of court wards with
foster parents is sometimes kept. The following information is usually
found: foster parent’s name and address; name of the court ward; and
date, purpose, and amount of expenditure.
” 1901 P.L. 279 sec. 6 rep. 1903 P.L. 279 sec. 12 but reen. in sec. 3 am. 1909 P.L.
89 sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 17; 1909 P.L. 495 sec. 4; 1911
P.L. 1055 sec. 3 am. 1919 P.L. 569. ,
“These will be found only in counties where the office of controller has been es-
tablished.
26 1929 P.L.‘ 1278 sec. 34’2. Since the keeping of these reports is not obligatory, they
are not kept in every county.
” 1929 P.L. 1275 sec. 372.1 added 1931 P.L. 401 sec. 12. Copies of these reports are
not kept in every county.
WAccounts are kept by all probation officers, but the form in which they are kept
varies from county to county. All of the records here shown will probably not be found
in any one county.
PROBATION OFFICERS 347
Deposit Slips.
j
In‘ a few counties, copies of bank deposit slips are kept by the probation
and parole office. They show the date, names of bank and depositor, and
amount deposited.
I Check Book Stubs.
!
The original stubs covering accounts payable by court order to this office
and in turn forwarded to the county treasurer are often found here. The
information given is as follows: the date, amount, and purpose of the
I check ; and the probation officer’s name.
/ Canceled Checks and Bank Books.
, The canceled checks and bank books of the probation and parole office are
sometimes kept on file. The checks show the date; names and signatures
of payee, payer, and indorser ; purpose ; and amount. The bank books show
the names of bank and depositor, the date, and the amount.
Bank Statements.
These are the monthly statements of the bank balance and account of the
office. The information found here includes the following : names and ad-
dresses of probation office and bank, balances on first and last days of
month, dates and amounts of deposits and withdrawals, and total balance.
MISCELLANEOUS
Miscellaneous File.
In some counties there is kept a miscellaneous file consisting of any or all
of the various types of papers here described. These usually include cor-
respondence, court orders, &d reports.
Criminal Identification Papers. Title varies : Classification Cards ;
Prints.
In the probation and parole office are sometimes kept criminal histories,
photographs, and fingerprint records of criminals released on parole. The
following is the information which is usually shown: the name, address,
alias, sex, nativity, occupation, marital status, physical record, and signature
of the criminal ; date and place of arrest ; charge ; record number ; photo-
graph and fingerprints of criminal ; and name of person who took them.31
a Similar records, both of criminals on parole and other criminals, are frequently
found in the offices of the sheriff, the district attorney, and the county detective.
--
348 COUNTY GOVERNMENT
Returns.
These are the reports of the police department and the Federal Depart-
ment of Justice on receipt of the fingerprint classification of criminals.
The following information is usually shown : the date, name of depart-
ment, record number, .criminal’s name, date of arrest, charges, and dis-
position.
Correspondence.
The correspondence of this office is sometimes kept on file.a2
” Correspondence is often placed in the Miscellaneous File.
xx
/ JUVENILE DETENTION HOME
Evolution and Functions. During the early period of Pennsylvania his-
I tory juvenile offenders were tried in the same manner as adults and before
I
trial and after conviction were placed in jails and prisons with adult
offenders. Late in the nineteenth century it was provided that children
“under restraint or conviction” were not to be placed in any cell or vehicle
with adults or in any courtroom while adults were being tried, and that
their cases should be heard separately from those of older peop1e.l
There is a separate juvenile court only in Allegheny County.2 In the
counties of the third to eighth classes the court of quarter sessions acts
as the juvenile court.” The Juvenile Court Law, first enacted in 1901,
required more specifically that children under 14 years of age be tried by a
juvenile court judge in a separate courtroom. Pending trial, they were
not to be confined “within the enclosure of any jail or police station” or
anywhere with adult offenders .4 This law was repealed and superseded by
the Juvenile Court Law of 1903 which contained the same provisions re-
garding the confinement of children awaiting trial or hearing, but raised
the age limit from 14 to 16 years .’ A law passed in the same year required
that every county provide “a sepai-ate room or rooms, or a separate build-
ing” for juvenile offenders whose cases were not disposed of. Since 1913
the county has been obliged to furnish not only shelter for the children
but maintenance and care as well .’ In 1939 an amendment to the present
juvenile court law provided that children below the age of 18, except those
under indictment for murder, be under the jurisdiction of the juvenile
court.’ It stipulates, however, that only those children under 16 be confined
in the juvenile detention home.8
1 1893 P.L. 459 No. 328 rep. 1933 P.L. 1433 sec. 28.
p 1933 P.L. 1449 sec. 201.
* 1901 P.L. 279 sec. 3 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 1 rep. 1933 P.L.
1433 sec. 28 but reen. in sec. 1.
’ 1901 P.L. 279 sets. 2, 10 rep. 1903 P.L. 274 sec. 12.
’ 1903 P.L. 274 No. 205 sec. 7 rep. 1933 P.L. 1433 sec. 28.
’ 1903 P.L. 137 No. 98 sec. 1 am. 1913 P.L. 870 No. 420 rep. 1933 P.L. 1433 sec. 28
but reen. in sec. 7.
’ 1933 P.L. 1433 sec. 4 am. 1939 P.L. 394.
’ 1933 P.L. 1433 sees. 6, 7 am. 1939 P.L. 394.
349
350 COUNTY GOVERNMENT
In most of the counties of Pennsylvania the juvenile detention home has
always been under the control of the county commissioners.9 Since 1921 a
different system has been in operation in third-class counties, where this
institution, known as the house of detention, is controlled by a board of
managers made up of the commissioners, the controller, and the sheriff.lO
Widely varied methods are used in the different counties for carrying
out the provisions relating to the care of children awaiting trial or hearing.
Many of the larger counties have purchased, erected, or rented buildings
specifically for this purpose, and have placed them under the supervision
of a matron. In some cases the matron is also named a probation officer,
and the detention home has become the headquarters for juvenile probation
and parole work. In the less populous counties, however, there are not
enough juvenile cases to justify the establishment of such a home. Several
of these smaller counties have each designated someone as matron of the
detention home and have made arrangements with her to care for the chil-
dren in her home at a certain designated rate; In other counties juvenile
offenders are placed in a separate wing of the jail, apart from the prisoners,
and are supervised by the sheriff. A few counties use two or three rooms
in the almshouse for this purpose, and still others merely commit the chil-
dren to the care of their own parents or someone appointed by the court.
Records. The law does not require that any records be kept by those
in charge of the juvenile detention home or house of detention. In some
counties, however, records have been kept.
Admissions and Discharges. Title varies : Case Register ; Detention
Home Register ; Detention Home Docket.
This is a record of all children admitted to the home. The following-in-
formation is usually given concerning each child: name, address, race, and
age ; dates of admission and discharge ; number of days and nights de-
tained ; number of meals served ; charge on which the child was held ; and
disposition of the case.
’ 1903 P.L. 137 No. 98 sec. 1 am, 1913 P.L. 870 No. 420 rep. 1933 P.L. 1433 sec. 28
but reen. in sec. 7 am. 1939 P.L. 394.
lo 1921 P.L. 840 sets. 1. 2.
XXI
JURY COMMISSIONERS
Evolution and Structural Organization. In the early days of Pennsyl-
vania’s history, the sheriff was given supervision over the selection of
jurors. Under the Duke of York’s laws, he had to require the individual
town constables to secure the services of the local overseers as jurors. If a
sufficient number of jurors could not be found in this way, the sheriff was
obliged to select additional ones from among the inhabitants of the town
where the court was to be he1d.l All the laws of colonial Pennsylvania
permitted the sheriff to select jurors from among the freemen on any basis
he chose.2 The only exception was an act in force from 1683 until 1693
which stipulated that for criminal cases only the sheriff had to summon all
the freemen and place their names in a hat from which a child drew a
sufficient number to serve as jurors. 3 In 1805, however, a new law required
that prospective jurors be chosen by lot from names placed inside a jury
wheel and “sufficiently intermixed.” The task of drawing the names be-
longed to the sheriff and the county commissioners.4 The office of jury
commissioner was created in 1867 to take over some of the duties con-
cerned with the selection of jurorsL6
In ‘every county there are two jury commissioners, “sober, intelligent,
and judicious persons.” +J Each elector votes for one candidate for this
, office, and the two persons with the highest number of votes are elected.?
Therefore, in any county, there is usually one jury commissioner from
each of the two major political parties. At first they served for 3 years,’
1 Duke of York’s Book of Laws, 1676, in Charter to William Penn, p. 33.
’ Laws Agreed upon in England (Eighth Law) in CIzarter to William Penn, p. 100;
The gody of Laws, ch. XXXVIII in Charfer to William Penn, p. 117; Laws of the
Assembly, 1683, ch. CXLVI in Charter to William Penn, p. 164; Petition of Right,
1693, in Charter to William Pemz, ch. LXIX, p. 214; 1700, II St.,at L. 132 ch. XCVIII.
*Laws of the Assembly, 1683, ch. LXIX in Charter to William Pew, p. 129, abro-
gated by William and Mary, 1693.
’ 1805 P.L. 183, 4 Sm.L. 237 sec. 1 sup. 1834 P.L. 333 sec. 79; 1807, XVIII St. at
L. 469; 1816 P.L. 52.
‘1867 P.L. 62.
‘Ibid., sec. 1.
7 Ibid.; 1929 P.L. 1278 sec. 293 am. 1931 P.L. 401 sec. 1.
B 1867 P.L. 62 sec. 1.
351
352 COUNTY GOVERNMENT
but their tenure was increased to 4 years by a constitutional amendment of
1$@9.Q A jury commissioner may be re-elected any number of times.1O
Vacancies are filled by the president judge of the county for the remainder
of the original term.l’ No bond is required, but a jury commissioner must
take an oath before he draws names from the wheel.‘* The compensation
of these offikers is set by law. Originally they received $4 a day in all
counties,13 but today the provisions to that effect remain in force only in
eighth-class counties, since new laws have been passed concerning the rest
of the State. In counties of the sixth and seventh classes they now receive
$6 I4 and $5’” respectively for each day actually employed as jury com-
missioners. Elsewhere they are paid a definite yearly salary which ranges
from $250 in fifth-class counties, to $900 in third-class counties.l“
Powers and D&es. The duties of the jury commissioners are uniform
except in third-class counties where a jury board existed which will be
discussed separately. Every year, at least 30 days before the opening of
the first session of the court of common pleas, the jury commissioners meet
with the president judge or an additional law judge. Any two members
of this group constitute a quorum. They select alternately from the whole
list of qualified voters those whose names are to go into the jury wheel.
After they have placed the names in the wheel it is locked and given into
the custody of the jury commissioners while the sheriff has charge of its
key.17 Later the jury commissioners and the sheriff, or any two of these
three, draw from the wheel the names which are to form the jury panels.l*
The jury commissioners appoint a clerk to help in the preparation and
filling of the wheel and the drawing of jurors’ names. Whenever they fail
to name a clerk within 30 days after qualifying for office, one is selected
for them by the county commissioners.*s In third-class counties the jury
’ Const., art. XIV, sec. 2 as am. 1909.
“1929 P.L. 1278 sec. 293 am. 1931 P.L. 401 sec. 1.
I1 1867 P.L. 62 sec. 7; 1929 P.L. 1278 sec. 294.
n 1867 P.L. 62 sec. 3.
‘“Ibid., sec. 5 am. 1913 P.L. 567 sec. 1.
” 1933 P.L. 76 No. 99 sec. 1.
“1923 P.L. 112 No. 85 sec. 1.
” 1876 P.L. 13 sec. 14 am. 1895 P.L. 424 sec. 1; 1921 P.L. 976 No. 347; 1923 P.L.
1054 sec. 11 am. 1925 P.L. 380.
” 1867 -P.L. 62 sec. 2.
m Ibid., sec. 3.
lo 1903 P.L. 166 sec. 1 am. 1927 P.L. 17 sec. 1 rep. 1929 P.L. 1278 sec. 10.51 but reen.
&I sec. 295 am. 1933 P.L. 953 set 1.
JURY COWvI’ISSIONERS 353
commissioners’ clerk is chosen, not by the jury commissioners themselves,
but by the court of common pleas. 2o Any jury commi,ssioner failing to per-
form-any of the duties required of him must pay a fine of $1OO.21
Since 1925 when the jury board was set up in third-class counties,22 the
procedure of selecting jurors there has differed from that in other counties.
The jury board consists of the jury commissioners and the judges of the
court of common pleas, with the president judge serving as chairman. Of
this group either one judge and the two jury commissioners, or one jury
commissioner and two judges make up a quorum. Each member of the
jury board prepares a list of the names of persons whom he considers
suitable for jury service. The persons listed must never have been con-
victed of a felony, and must understand English. The name of no lawyer
or practicing physician may be included. Each year before October 10th
these lists are delivered to’ the jury commissioners’ clerk who eliminates
all duplicate names and requires the members of the board to provide sub-
stitutes for them. Thereupon he prepares an all-inclusive, alphabetical list
which is furnished to each member of the board. Between the 15th and
30th of November, the board meets in the office of the chairman. At this
time, by vote of a majority of its members, as many as 300 names may be
removed from the list. If the consent of all but one member is secured,
still more names may be deleted. The resultant list, with each name given
a number, and the address and occupation of its owner included, is known
as the official jury list. Two copies of it are prepared and signed by jury
commissioners and the clerk. One copy is filed with the prothonotary, and
the duplicate is given to the president judge. The names on the official jury
list are placed in the wheel by the clerk in the presence of one of the jury
commissioners and a judge. At least *3,0 days before the opening of the
first term of court, the names are drawn from the jury wheel. The draw-
ing, open to the public, is held in one of the court rooms designated by the
president judge, who also selects the person to draw the names.
Records. Except in third-class counties no records.are required from the
1o 1925 P.L. 244 1 sec. rep. 1937 P.L. 2782 sec. 6 but reen. 1939 P.L. 157 sec. 1.
“1867 P.L. 62 sec. 6.
Bp 1925 P.L. 244 rep. 1937 P.L. 2782 sec. 6 but reen. 1939 P.L. 157. Although the law
of 1937 abolished the jury board, third-class counties did not return to the system used
in other counties, for the law of 1925 as amended by the other sections of the 1937
law provided that the jury commissioners alone perform the duties formerly exercised
by the jury, board.
* 354 COUNTY GOVERNMENT
jury commissioners. Records have been kept as a .matter of convenience,
however, in a few other counties.23
Jury Book, 182.5-. Kept in third-class counties.24 .
A record of all persons whose names have been drawn for jury service,
sho&ng the name, address, and occupations of each juror; term of court
. during which he served; and the number of his name on jury list.25
Jury Commissioners’ Minute Book, 1867-. Title varies: Ledger.
A record of the jury commissioners’ meetings is found here. The informa-
fion contained inciudes : t!ie date and p!acc of meetings ; r?ames of members
who attended ; name, address, and occupation of each juror selected ; type
of jury fbr which each juror was drawn; dates, court, and term of service;
and signature of jury commissioners’ clerk.2e
Jury Lists: Title varies : Jury Book, Certified.
Lists of the names submitted by the jury commissioners for service on
juries, showing the name, address, and occupation of proposed jurors; and
date when each name was submitted.27
u Other jury records are often kept by the sheriff, the clerk of courts, and the
county commissioners.
” Similiar Aords are sometimes kept in other counties.
‘“1925 P.L. 244 sec. 6 am. 1937~ P.L. 2782 sec. 4; 1939 P.L. 159 sec. 6.
*‘This record is not required and is kept in very few counties.
“This is not a required record, but is often kept. The names may be found on a
card file or entered in a book kept just for that purpose.
XXII :
BOARD OF REVISION AND BOARD FOR
THE ASSESSMENT AND REVISION OF TAXES
Evolution and Structural Organization. The po.ver of revising assess-
ments of property belonged first to the judges 1 and then to the county
assessors,? When the office of county commissioner was established in
1711, the commissioners and the assessors began to share this responsibil-
ity,s but after 1715 the county commissioners alone were empowered to
change the valuations made by the assessors.4 It was not until 1842, how-
ever, that the commissioners, along with the associate judges, were named
an ex officio board for this purpose. An amendment enacted 2 years later
provided that the judges no longer belong to the board of revision,5 which
from that time, except in third-class counties, consisted of tile county com-
missioners alone.
The commissioner holding the oldest certificate of election acted as presi-
dent of the board. A special oath had to be taken before the prothonotary
or one of the judges of the court of common pleas. It was lodged with the
recorder of deeds.6 No additional bond was required from the members
who received no extra compensation for their services on the board.
Since 1905, a board of different composition and wider powers has func-
tioned in each of the counties containing more than 300,000 but less than
l,OOO,OOO population. It is known as the board for the assessment and
revision of taxes. In 1931 it was established in all third-class counties,
whatever their population. 7 Its members were first appointed by the court
%Duke of York’s Book of Laws, 1664, in Charter to WiZZiam Pevuz, p. 10; 1700. II
St. at L. 32 sec. 9.
‘The Frame of Government, 1696, in Charter to Willianz Penn, p. 258.
’ 1710-11, II St. at L. 372 sec. 3.
‘1715, III St. at L. 83 sec. 2; 1717, III St. at L. 128 sec. 2; 1724-25, IV St. at L.
175 sec. 7; 1795, XV St. at L. 322 sec. 6 ; 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P.L. 509
sec. 13; 1799, 3 Sm.L. 393 sec. 10 sup. 1834 P.L. 509 sec. 15 rep. 1933 P.L. 853
sec. 601.
’ 1842 P.L. 441 sets. lo-13 am. 1844 P.L. 501 rep. 1933 P.L. 853 sec. 601 but reen.
in sets. 501-520.
’ 1842 P.L. 441 sec. 10 am. 1844 P.L. 501 rep. 1933 P.L. 853 sec. 601 but reen. in
sec. 501.
’ 1905 P.L. 47 No. 32 rep. 1331 P.L. 1379 sec. 1 but reen. as am. in sets. l-10.
355
356 COUNTY GOVERNMENT
of common pleas,’ but since 1931 they have been named by the county
commissioners for a 4-year term .g A law of 1937, repealing the act of
1931 and making the members of the board appointees of the Auditor
General, has been declared unconstitutional.1°
In every third-class county the board for the assessment and revision of
taxes consists of three members whose salaries are fixed by the salary
board. Vacancies are filled by the county commissioners.” The board of
revision of any fourth-class county may appoint “competent persons, resi-
dent freeholders” to aid them in their work.‘* In third-class counties the
board for the assessment and revision of taxes may name a solicitor and
any necessary engineers and clerks. I3 The compensation of these employees
is fixed by the salary board and paid by the county.I*
In 1943 the assessment functions of the county commissioners and the
board of revision in all counties from the fourth to eighth classes were trans-
ferred to a new agency, the board of assessment and revision of taxes, which
is composed of the county commissioners ex officio.16
Powers and Duties. In many respects the duties of the board of re-
vision and the board for the assessment and revision of taxes are the same.
As soon as the local assessors have made their returns, the board publishes
in at least two newspapers a statement showing the aggregate value of. the
assessments made by each assessor and announcing a date within 30 days
on which it will finally determine whether any of the assessments have
been made below a just rate. This is defined as not less than the amount
which the property would bring if disposed of at a public sale. Meanwhile,
prior to the revision date, the members of the board may consider the
various returns, preparatory to making their final decision. During this
interim any taxable inhabitant may come to the office of the board in order
to examine the returns, and may communicate in writing with the board
concerning any property which he believes has been assessed too low. On
the day appointed for the revision of assessments, the board may either
raise or lower the assessors’ valuations. If the work is not completed on
* 1905 P.L. 47 No. 32 1. sec.
@ 1931 P.L. 1379 1. sec.
lo 1937 P.L. 939 No. 256 declared ,unconstitutional 327 Pa. 148.
I1 1931 P.L. 1379 1. sec.
I2 1933 P.L. 853 506. sec.
” 1931 P.L. 1379 2. sec.
” 1931 P.L. 1379 2, 10 1933 sets. ; P.L. 853 506. sec.
“See Appendix D, for a summary of the structure, powers and duties of this new
board.
TAX REVISION BOARD 357
the designated day, the board may adjourn from day to day until it is
done.le
When the revision of the triennial assessments is completed, accurate
transcripts of the assessments are made by the clerk of the county com-
missioners or of the board. These transcripts, on which are noted the per-
cental rate of the tax and the date of appeal, are sent to the various local
assessors on or before the second Monday in April. It is the responsibility
of the assessors to give to each person taxed a written or printed notice
of the amount at which his property is assessed, the tax rate, and the time
and place of appeal, During the years of the inter-triennial assessments,
it is necessary to give this notice only to those persons who have acquired
property or whose assessments have been changed since the preceding
triennial assessment. Such changes occur only when property has been ’
destroyed or improvements made, when minerals have been mined out,
and when a taxpayer’s occupation has been changed so as to alter his assess-
ment for the occupation tax. At the time of the giving of this notice to
the persohs assessed, they must be informed if the board has raised the
valuation placed on their property by the assessor. At this time the board
also publishes an announcement of the time and place of appeal.‘?
Appeals are made only in the years of the triennial assessments except
in cases in which the alterations in value already mentioned have occurred.
They are heard either at the county seat or in the political division where
they originated, I8 but in all cases the assessor must attend the appeals of
persons from his district. Appeals are heard not only on the announced
date, but at any time prior to the payment of the taxes. After hearing the
appeals from the persons assessed, the board uses its own discretion as to
changing the assessments. lo Thereupon the assessment stands. Appeals
’ from the board’s decision are made only to the court of common pleas,2”
and thence to the Supreme Court or the Superior Courtizl The board has
similar powers concerning the assessments of personal property.22
When all the appeals to the board have been disposed of, duplicates
“1931 P.L. 1379 sec. 7; 1933 P.L. 853 sets. 50’2-505.
“1931 P.L. 1379 sec. 8 am. 1935 P.L. 27; 1931 P.L. 1379 sec. 10; 1933 P.L. 853
sets. 507-510.
‘1923 P.L. 154 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 513.
“1933 P.L. 853 sets. 511-513, 517.
1o 1899 P.L. 37 No. 34 rep. 1933 P.L. 853 sec. 60 but reen. in sec. 518 am. 1935 P.L.
674 sec. 1 further am. 1935 P.L. 1007; 1931 P.L. 1379 sets. 9, 10.
n 1931 P.L. 1379 sees. 9, 10; 1933 P.L. 853 sec. 519.
“1913 P.L. 507 No. 335 sets. 5-12.
358 COUNTY GOVERNMENT
are made of the assessments as determined finally by the board.23 The
board furnishes duplicates to townships of the first class 24 and to school
districts of the third and fourth classes, except for those third-class school
districts located wholly within third-class cities.“5 This is for their own
use in levying school and township taxes.
Similar duties belong to the board when a judgment has been obtained
against a property on which tax claims exist. If the market value of the
property above its encumbrances is less than. the amount of taxes and
municipal claims due, the board may file in the court which issued the
judgment a certificate showing the market value and those liens and en-
cumbrances except taxes ‘which would not be discharged by a sale at such
a price. This valuation serves as a guide in setting the upset price below
which it cannot be sold.26
In addition to the powers and duties which belong both to the board
of revision and the board for the assessment and revision of taxes, addi-
tional responsibilities belong to the latter board in third-class counties. The
board for the assessment and revision of taxes has supervision over all
assessments for county, borough, township, poor, and school purposes.27
It divides the county into assessment districts which may be changed when-
ever the board decides to do so. It appoints assessors for each of these
districts. The assessors’ compensation is fixed by the board which pre-
scribes rules and regulations to govern the conduct of the subordinate
assessors.2B
Many of the powers and duties which in the less populous counties are
vested in the county commissioners, belong to the board for the assessment
and revision of taxes in the third-class counties.2Q This board issues pre-
cepts to make the assessments and receives the assessors’ returns.30 Prior
to the making of assessments, the board sends to each assessor a report
of all real and personal property transferred within his district. This report
is based on the daily records of the recorder of deeds 31 and the prothono-
tary 32 which are sent once a month to the board.
s 1933 P.L. 853 sec. 514.
“Ibid., sec. 516.
=Ibid., sec. 515.
*tl1939 P.L. 1100.
“1931 P.L. 1379 sec. 3.
28 1931 P.L. 1379 sees. 4, 5; 1933 P.L. 853 sec. 102.
*’ These matters are discussed more fully in Board of County Commissioners.
m 1933 P.L. 853 sets. 401, 403, 431.
“Ibid., sec. 407.
w 1913 P.L. 507 sets. 8-11.
TAX REVISION BOARD 359
Recmds. Records of the board of revision and of the board for the
assessment and revision of taxes are described below:
BOARD OF REVISION
The law does not require that any records be kept by the board of re-
vision. In most counties, however, certain records are usually kept.as
Board of Revision Minute Book, 1842-.34
Minutes of the meetings of the board of revision are often kept. They
show the date, time, and place of meeting ; business transacted ; and signa-
ture of the commissioners’ cIerk.35
Appeals for Revision of Taxes.
These are petitions for the reduction of assessments. They may be either
from the property owner or the court. 3G Each one shows the petitioner’s
name and signaturs, nature of petition, and date filed.
Appeal Book. Title varies: Appeal Duplicates.
This is a record compiled for tax appeal hearings and showing assessed
valuations on property. The information contained includes the tax year;
taxpayer’s name and address; location and description of property; its
market and assessed value ; type, rate, and amount of tax ; reason for ap-
peal; date adjusted; and amount of abatement.
BOARD FOR THE ASSESSMENT AND REVISION OF TAXES 37
Numerous records must be kept by the board for the assessment and
revision of taxes. But since these are identical with the records of the
county commissioners in other counties, they have been discussed and noted
in the essay entitled Board of County Commissioners. In addition some
of these boards keep a minute book.
Minute Book, Board of Revision of Taxes, may date from the estab-
lishment of this board in the county.
The minutes of the board show the time, place, and date of each meeting;
the business transacted ; and the secretary’s signature.
33 Many of the taxation records in the county commissioners’ office contains informa-
tion relating to the duties of the board of revision.
Bl The dates of this record vary, since the keeping of it is not obligatory.
Sin counties where a separate minute book is not kept by the board of revision,
the meetings of the county commissioners actin, * in this capacity are recorded in the
Commissioners’ Minute Book.
=Appeals are made by the court when the board of revision refuses to consider
appeals made by taxpayers.
“In some third-class counties, records of the old board of revision are found with
those of the board for the assessment and revision of taxes.
XXIII
TREASURER
Evolution and StrztcturaE Organization. William Penn’s Frame of
Government provided that the Provincial Council annually elect two can-
didates for county treasurer from whom the Governor was to select 0ne.l
In 1696 the treasurer became an appointee of the county assessors.2 With
the creation of the office of county commissioner in 1711, the commission-
ers began to share with the assessors the duty of naming the treasurer.3
The office of county assessor was abolished in 1780,4 and from that date
until 1841, when the treasurer became an elective officer,6 the commis-
sioners alone appointed the treasurer.s
The treasurer must have been a citizen and resident of the county for
at least 1 year prior to his election.7 This tenure has varied greatly since
the establishment of the office. Until 1799 he was appointed whenever
necessary.8 The term of office was fixed at 1 year in 1799: raised to
2 years in 1841, increased to 3 years in 1874, and finally set at 4 years in
1909 ; lo he is not eligible for re-election.ll The law stipulates that the
’ The Frame of the Government, 1682, in &arter to Will&a Penn, p. 97, sets. 17, 18.
a The Frame of the Government, 1696, in Charter to William Penn, p. 2.58 sec. 3;
1700, II St. at L. 34 sec. 3.
’ 1710-11, II St. at L. 369 sec. 3 ; 1710-11, II St. at L. 372 sec. 2; 1717-18, III St. at
L. 175 sec. 11; 17.24-25, IV St. at L. 10 sec. 13; 1757-58, V St. at L. 337 sec. 13;
1759, V St. at L. 379 sec. 12; 1759-60, V St. at L. 3 sec. 12.
’ 1780, X St. at L. 238 sec. 6.
’ 1841 P.L. 400 sec. 1.
‘1780, X St. at L. 238 sec. 6; 1799, 3 Sm.L. 375 sec. 13 sup. 1825 P.L. 247 sec. 2
sup. 1834 P.L. 537 sec. 27.
’ Const, art. XIV, sec. 3.
a 1700, II St. at L. 34 sec. 2; .1710-11, II St. at L. 369 sec. 3; 1710-11, II St. at L.
372 sec. 2; 1711, II St. at L. 388 sec. 2; 1717-18, III St. at L. 175 sec. 11; 1724-25,
IV St. at L. 10 sec. 13; 1757-58 V St. at L. 337 sec. 13; 1759, V St. at L. 379 sec. 12;
1759-60, VI St. at L. 3 sec. 12.
’ 1799, III St. at L. 393 sec. 12 sup. 1834 P.L. 537 sec. 27 rep. 1841 P.L. 400 sec. 9.
‘“1841 P.L. 400 sec. 1 sup. Const. art. XIV, sec. 2 as am. 1909; 1841 P.L. 400 sec.
1 rep. 1929 P.L. 1278 sec. 1051 but reen. as am. in sec. 141.
=From 1803 until 1841 he was not permitted to serve for more than 3 years in any
given 6-year period. 1803, XVII St. at L. 361 sec. 1 sup. 1834 P.L. 537 sec. 29 rep.
1841 P.L. 400 sec. 9 but reen. as am. in sec. 3 rep. 1929 P.L. 1278 sec. 1051, but reen.
in sec. 142.
360
TREASURER 361
judges, the five clerical officers, the county commissioners, and the con-
troller may not serve as treasurer during their incumbency.12 Nor may
the county auditor be treasurer until 2 years after the conclusion of his
term of office.la
The treasurer may be removed from office for cause. If the commis-
sioners believe that he is misusing or improperly managing the county
funds they petition the court of quarter sessions for relief. The validity of
the complaint being established, the court may make an order for his re-
moval or demand the posting of additional security by the treasurer.14
On request of the Auditor General, the commissioners remove a treas-
urer for failure to file a bond with that officer.‘” The court of common
pleas may dismiss the treasurer for willful refusal to settle his accounts
with the State. Such a vacancy is filled by the commissioners until
the next general election. ~3 Before 1929 vacancies were successively filled
by the commissioners and assessors, and the commissioners alone.l? At
present all vacancies, but the one exception previously mentioned, are
filled by the Governor. The appointee holds office until a new treasurer is,
selected at the first municipal election which takes place 2 or more months
after the vacancy occurred.lS
Before he may assume office the treasurer must take an oath which is
filed with the prothonotary.lg He is also required to give bond, in the
amount determined by the county commissioners, as security for the faith-
ful performance of his duties to the county.20 A second bond, with the
security determined by at least two of the judges of the court of common
pleas, if there is more than one judge, is given for the faithful performance
of his duties to the State. This bond is delivered to the Auditor General
=1799, 3 Sm.L. 393 sec. 13 sup. 1834 P.L. 537 sec. 28 rep. 1841 P.L. 400 sec. 9 but
reen. as am. in sec. 3 rep. 1929 P.L. 1278 sec. 1051, but reen. in sec. 142.
* 1871 P.L. 79 sec. 2 rep. 1929 P.L. 1278 sec. 1051 but reen. as am. in sec. 122.
“1841 P.L. 400 sec. 6 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 144.
s 1834 P.L. 537 sec. 36 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 146.
“1859 P.L. 607 sets. 1, 2.
Ii 1717-18, III St. at L. 175 sec. 11; 1724-25, IV St. at L. 10 sec. 13 ; 1780, X St. ai
L. 238 sec. 6; 1799, 3 Sm.L. 393 sec. 12 sup. 1834 P.L. 537 sec. 27 rep. 1841 P.L. 400
sec. 9 but reen. in sec. 5 rep. 1929 P.L. 1278 sec. 1051.
“1929 P.L. 1278 sec. 60 am. 1931 P.L. 401 sec. 1.
‘* 1795, XV St. at L. 322 sec. 11.
w 1717-18, III St. at L. 175 sec. 11; 1724-25, IV St. at L. 10 sec. 13; 1767, VII St.
at L. 146 sec. 2; 1799, 3 Sm.L. 393 sec. 13 sup. 1834 P.L. 537 sec. 33 rep. 1929 P.L.
1278 sec. 1051 but reen. in sec. 143 am. 1933 P.L. 950 No. 185.
362 COUNTY GOVERNMENT
and is placed on record in the office of the recorder of deeds.21 In certain
counties the treasurer may appoint a deputy and various clerks.22
-Formerly, all treasurers were paid only by fees and commissions.23 At
present this is the case only in seventh and eighth-class counties where the
commissioners and auditors determine the rate of commission.24 In sixth-
class counties the treasurer receives a salary fixed by the commissioners
and auditors,2s but not to exceed $4,000 per annum.26 In every third,*?
fourth 28 and fifth-class 20 county, the treasurer annually receives $5,000.
POX& and Duties, The treasurer receives all moneys paid to the
county and pays out all money disbursed by the county. He is permitted
to release county funds only on warrants drawn by a majority of the
comnlissioners.3o In counties with a controller, that officer must counter-
sign all warrants before they are valid. 31 The law of 1937 provides that the
treasurer act in a similar capacity for the county institution district and
that he receive no additional compensation for this work.32 All fees received
by salaried county officials are remitted to the treasurer.33 In third-class
“1828 P:L. 491 sec. 1 1834 P.L. 537 sec. 34 1929 P.L. 1278 sec. 1051 but sup. rep.
reen. in sec. 14.5.
” 1923 P.L. 62 3 applies fifth-class counties; 1929 P.L. 1278 149 sec. to sec. am.
1931 P.L. 401 sec. 1 applies to third-class counties.
23 1794, XV St. L. 149 3; 1799, 3 Sm.L. 393 14 1834 P.L. 537 41. at sec. sec. sec. sup.
” 1834 P.L. 537 41 1929 P.L. 1278 1051 but in 150. sec. rep. sec. reen, sec.
~1875 P.L. 54 sec. 1 am. 1921 P.L. 437.
” 1923 P.L. 944 No. 375 1931 P.L. 560. am,
n 1876 P.L. 13 13 1881 P.L. 21 1 further 1887 P.L. 301 1 further sec. am. sec. am. sec.
am. 1901 P.L. 641 sec. 1
“1876 P.L. 13 sec. 14 am. 1895 P.L. 424.
Op 1923 P.L. 62 1. sec.
wThe Frame of the Government, October 26, 1696, in Charter to William Penn,
p. 258 sec. 3; 1700, II St. at L. 34 sec. 33 (until 1718 payments were made by order
of the assessors and the justices of the peace) ; 1717-18, III St. at L. 175 sec. 11;.1799,
3 Sm.L. 393 sec. 13 1834 P.L. 537 sec. 37 1929 P.L. 1278 sec. 1051 but reen. sup. rep.
in sec. 362.
*‘1895 P.L. 403 No. 288 sec. 13 1929 P.L. 1278 sec. 1051 but reen. in sets. rep,
347, 352.
” 1879 P.L. 78 8 1937 P.L. 2017 702; 1925 P.L. 762 1933 sec. rep. sec. sec. 212 am.
P.L. 1073 No. 257 1937 P.L. 2017 sec. 602 but reen. as am. in sets. 302, 303. rep.
88 1876 P.L. 13 2 (applies 150,000 population) P.L. sec. to counties of over ; 1921
1006 sec. 2 (applies to fifth-class counties) 1923 P.L. 944 sec. 7 am. 1927 P.L. 128 ;
No. 100 (applies to sixth-class counties) 1929 P.L. 1278 sec. 302 (applies all ; to / ccymties).
TREASURER 363
counties he places all county funds only in institutions which have been
designated as county depositories.34
The treasurer may not be directly or indirectly interested in any contract
to which the county is a party, or of which the work is performed under
authority of the commissioners. Upon conviction, the +reasurer is fined
and removed from office.s6 It is also a misdemeanor, with similar resultant
penalties, for him to use county funds for any purpose other than that for
which they were designated.3B
An important duty of the treasurer is to receive all State and county
taxes from the local tax collectors. 35 When collectors settle these accounts
with him they must state under oath that they have made true and just
returns. These oaths are administered by the treasurer and filed with
the commissioners.38 Whenever any borough cannot procure the services
of a local resident, the borough council may appoint the county treasurer
to act as tax collector. The treasurer, in turn, is authorized to name a
deputy to perform these duties.3Q A similar procedure may be followed
in case of vacancies in the office of tax collector in second-class townships.*”
The treasurer is agent for the State for the collection of various license
fees and taxes.“l These include mercantile license taxes 42 and the similar
taxes on auctioneers, brokers, agents, and factors,43 as well as license fees
for operators of numerous types of amusements 44 and hawkers and
” 1929 P.L. 1278 sec. 408 added 1933 P.L. 954 sec. 2.
g, 1806, XVIII St. at L. 222 ch. 2693 sup. 1834 P.L. 537 sec. 43 rep. 1929 P.L. 1278
sec. 1051 but reen. in sec. 64; 1841 P.L. 400 sec. 6 rep. 1929 P.L. 1278 sec. 1051 but
reen. in sec. 64.
~1929 P.L. 1278 sec. 148. See also 1842 P.L. 488 sec. 2.
“1710-11, II St. at L. 369 sec. 3; 1710-11, II St. at L. 372 sec. 2; 1777, IX St. at
L. 75 sec. 8; 1799, 3 Sm.L. 393 sec. 16 sup. 1834 P.L. 509 sec. 49 sup. as to twps. 1885
P.L. 187 sec. 3 rep. as to twps. 1917 P.L. 840 sec. 1500; 1891 P.L. 212 sec. 1.
3d 1846 P.L. 486 sec. 19.
a’ 1927 P.L. 519 sec. 901 am. 1933 P.L. 817 No. 135 sec. 1 further am. 1935 P.L. 1208.
“1933 P.L. 103 sec. 423 am. 1935 P.L. 1205.
” 1929 P.L. 343 sets. 607, 610.
“1821, 7 Sm.L. 471 rep. 1824 P.L. 32 sets. 8, 9 rep. 1830 P.L. 387 sec. 11, but reen.
'in sec. 1. These acts applied only to foreign merchandise, but the terms of them were
extended to domestic merchandise, 1841 P.L. 307 sec. 102 and 1846 P.L. 486 sec. 11;
1899 P.L. 145 sec. 5 am. 1929 P.L. 681 sec. 2; 1907 P.L. 117 No. 93. In 1943 the
mercantile tax was abolished, 1943 P.L. 237.
y 1907 P.L. 17.5 sec. 4 am. 1929 P.L. 687 sec. 2.
“1895 P.L. 249 sec. 1 am. 1907 P.L. 219 further am. 1911 P.L. 253 rep. 1913 P.L.
229 sec. 24 but reen. as am. in sec. 6 ; 1907 P.L. 244 sec. 3. 0
-364 COUNTY GOVERNMENT
peddlers,4s dog owners,4s kennel keepers,47 fishermen,48 and hunters.40
From the gross amount of money received for the Commonwealth, the
treasurer is entitled to deduct a commission, the amount of which is set
by law.50 With the consent of the Department of Revenue the treasurer
may hire extra employees for work relating to the issuance of licenses.s1
Before July first of each year the mercantile appraiser certified to the
treasurer a correct list of all persons assessed with the mercantile tax. ’
This list contained the name, address, classification, and amount of tax
assessed for each merchant.“” Any merchant aggrieved by the amount
in which he is assessed might appeal to the county treasurer and the mer-
cantile appraiser sitting together. Further appeals were made to the-court
of common pleas. 53 A merchant failing to file a return must appear before
the treasurer with his books and accounts, and the treasurer evaluated the
amount of business transacted.. In connection with these duties the treas-
U 1834 P.L. 537 sec. 38; 1901 P.L. 563 sec. 1 (does not apply to third-class cities
and does not repeal special laws).
” 1893 P.L. 968 sec. 1 rep. 1917 P.L. 818 sec. 41 but reen. as am. in sec. 4‘rep. 1921
P. L. 522 sec. 43 but reen. in sec. 3 am. 1925 P.L. 641 further am. 1927 P.L. 833 sec.
2 further am. 1929 P.L. 456.
“1917 P.L. 818 sec. 11 rep. 1921 P.L. 522 sec. 43 but reen. in sec. 11 am. 1925 P.L.
115 sec. 1 further am. 1927 P.L. 833 sec. 6 further am. 1929 P.L. 456 sec. 3.
* 1903 P.L. 309 sec. 2 sup. 1917 P.L. 11 (these acts deal with eeling licenses) ; 1919
P.L. 778 sec. 4 (this act provided only for nonresident fishing licenses) rep. 1925 P.L.
448 sec. 292 but reen. as am. in sec. 221 am. 1929 P.L. 451 sec. 2 further am. 1935 P.L.
1145 further am. 1937 P.L. 2643 sec. 1 further am. 1939 P.L. 834 sec. 4; 1925 P.L. 448
sec. 220 am. 1927 P.L. 773 further am. 1929 P.L. 451 further am. 1933 P.L. 1419 sec.
2 further am. 1935 P.L. 1145 further am. 1937 P.L. 2643 sec. 1 further am. 1939 P.L.
834 sec. 4; 1925 P.L. 639 sec. 8; 1925 P.L. 448 sec. 225 am. 1927 P.L. 773 sec. 2 further
am. 1929 P.L. 451 sec. 6 further am. 1939 P.L. 831.
@ 1901 P.L. 96 rep. 1903 P.L. 178 No. 136 sec. 4 but reen. as am. in sec. 1 rep. 1917
P.L. 151 sec. 11 but reen. as am. in sec. 2 (these acts applied only to nonresidents and
aliens) rep. 1923 P.L. 359 sec. 1301 but reen. in sec. 304 which also provides for resi-
dent hunting licenses am. 1927 P.L. 815 sec. 1 rep. 1937 P.L. 1225 sec. 1501 but reen.
in sec. 301; 1913 P.L. 85 sec. 2 rep. 1923 P.L. 359 sec. 1301 but reen. in sec. 304.
w 1834 P.L. 537 sec. 42 am. 1925 P.L. 656 further am. 1927 P.-L. 473; 1850 P.L.
471 sec. 7.
‘I 1921 P.L. 522 sec. 3 am. 1925 P.L. 641 further am. 1927 P.L. 833 sec. 2 further am.
1929 P.L. 456 sec. 1; 1929 P.L. 343 sec. 610(d).
“1899 P.L. 184 sec. 9 am. 1923 P.L. 986 sec. 2 further am. 1925 P.L. 700 sec. 2
further am. 1929 P.L. 681 sec. 5.
U 1899 P.f,. 184 sec. 6 am. 1929 P.L. 681 sec. 3.
TREASURER 36.5
urer might issue subpoenas and attachmentss4 He also sued for the collec-
tion of all ,mercantile license fees not paid on or before September first. In
the presence of satisfactory evidence why payment could not be made, he
reported the facts to the Auditor General who might then make exonera-
tions.B5 Similar powers were vested in the treasurer in connection with the
license fees paid by brokers, agents, and other vendors of intangibles?’
When all appeals were heard and exonerations granted, the treasurer
certified the corrected lists and transmitted them to the Department of
Revenue.6T
Gypsies desiring to camp within the county must obtain a license from
the treasurer. The money realized from this type of license accrues to the
county rather than to the Commonwealth.68 He also issues dance hall
licenses in the townships 59 and’s special license to catch wild pigeons.B0
Formerly he granted automobile licenses.s1 He collects inheritance taxes
received prior to the filing of the register of wills’ bond to the State.62
During various periods of Pennsylvania’s history, the county treasurer
had powers concerned with the issuing of liquor and tavern licenses ; until
1887 he issued them to persons recommended by the court of quarter ses-
sions.63 Between 1933 and 1937 he granted “retail dispenser” malt bever-
age licenses.R4 Persons refused such licenses appealed to the court of
quarter sessions and at the subsequent hearing the treaurer had to testify.
M 1899 P.L. 184 sec. 5 am. 1929 P.L. 681 sec. 2.
“1899 P.L. 184 sec. 7 am, 1901 P.L. 565 sec. 1 further am. 1919 P.L. 1072 sec. 1
further am. 1923 P.L. 986 sec. 1.
“‘1907 P.L. 175 sec. 5 am. 1929 P.L. 687 sec. 3; 1907 P.L. 175 sec. 6 am, 1929 P.L.
687 sec. 4.
” 1899 P.L. 184 sec. 9 am. 1923 P.L. 986 sec. 2 further am. 1925 P.L. 700 sec. 2
further am. 1929 P.L. 681 sec. 5.
a8 1909 P.L. 445.
w 1927 P.L. 968 sec. 2.
M 1881 P.L. 95.
a 1903 P.L. 268 No. 202 sets. 6, 7 rep. 1913 P.L. 672. By the act of 1903 city treas-
urers also had this power. The law of 1913 took this power away from all cities
and counties.
e 1929 P.L. 343 sec. 608.
BI 1794, XV St. at L. 149 sets. 1, 2; 1811, 5 Sm.L. 228 sec. 20 sup. 1887 P.L. 108
sec. 2, which provided that the court alone issue these licenses; 1815, 6 Sm. L. 256 sec.
1 sup. 1834 P.L. 117 rep. 1933 P.L. 853 sec. 601.
M 1933 P.L. 252 sec. 3 am. 1933-34 (Sp. Sess.) P.L. 75 No. 14 further am. 1935
P.L. 1217 further am. 1937 P.L. 1827.
366 COUNTY GOVERNMENT .
No further appeal was possible.B5 Now, however, these powers are vested
in the Pennsylvania Liquor Control Board.GG
An important duty of the treasurer is the selling of land on which the
taxes have not been paid. Originally only unseated lands were sold for
taxes, and the sheriff was in charge of such sales.E7 In 1909 this responsi-
bility was transferred to the treasurer 68 who was authorized to execute
the deeds for all such property sold.G0 Since 1844 he has been permitted
to sell seated as well as unseated land for delinquency of taxesTo During
the depression such sales were generally postponed,71 but at present they
are again taking place. No tax sale may be held prior to the second year
after that in which the unpaid taxes were levied, or after 5 years from
the date on which the taxes were first entered in the Tax Return Docket.?’
For 3 successive weeks prior to the sale, the treasurer advertises in two
newspapers of the county, and gives written notice to the person in posses-
sion of the property. To secure the property the purchaser must offer
enough to pay the delinquent taxes, the treasurer’s fee, and the cost of
advertising.73 Within 2 years after sale, the original owner may redeem
the property by repaying the amount given by the purchaser in addition
to 15 percent of the taxes which were due.74 At the first term of court after
a treasurer’s sale, the treasurer makes a report and a return to the court of
common pleas giving a brief description of the property, the name of the .
person in whose name it was assessed, the time of advertising the sale, the
name of the purchaser, and the amount paid. Thereupon the court confirms
the sale nisi. The treasurer publishes a notice in a newspaper that the sale
was made and that exceptions to it may be filed within 60 days. If there are
exceptions the court of common pleas decides whether they are to be sus-
85 1933 P.L. 252 sec. 7 am. 1935 P.L. 1217 further am. 1937 P.L. 1827.
‘a 1937 P.L. 1827 so amends 1933 P.L. 252 that the treasurer‘s duties in this respect
are all taken away.
Bi 1799, 3 Sm.L. 393 sec. 25 rep. 1804 P.L. 517, 4 Sm.L. 201 sec. 7 but reen. in sec. 2.
m 1809 P.L. 192, 5 Sm.L. 73 sec. 1; 1815, 6 Sm.L. 299.
gg 181.5, 6 Sm.L. 299 sec. 2 am. 1933 P.L. 34 No. 29.
” 1844 P.L. 486 sec. 41; 1897 P.L. 11.
‘I 1931 P.L. 280 sec. 8 am. 1932 (Sp. Sess.) P.L. 50 further am. 1933 P.L. 39 further
am. 1939 P.L. 498 sec. 7; 1935 P.L. 3.
“1931 P.L. 280 sec. 8 am. 1939 P.L. 498 sec. 7.
“1847 P.L. 278 sec. 2 am. 1925 P.L. 82; 1929 P.L. 1684 sec. 3 rep. 1933 P.L. 280
sec. 22 .but reen. in sec. 7 am. 1939 P.L. 498 sec. 3.
“1815, 6 Sm.L. 299 sec. 4 am. 1935 P.L. 663; 1929 P.L. 1684 sec. 12 rep. 1931 P.L.
280 sec. 22 but reen. in sec. 9 am. 1935 P.L. 661 further am. 1935 P.L. 1321 further
am. 1939 P.L. 498 sec. 3.
TREASURER 367
tained.T5 After the purchase the treasurer gives a deed to the buyer.76
The treasurer may sell again all lands taken over by the commissioners
and unredeemed.??
In every county with a sinking fund, the treasurer, together with the
county commissioners and the controller or auditors, belongs to the sinking
fund commission.‘* The treasurer of a sixth-class county is a member of
the salary board.r8 In those third-class counties in which a retirement fund
for county employees has been set up, the treasurer has custody of the
money paid into it.80
A number of reports must be made by the county treasurer to other
of5cials. In counties with a controller, the treasurer makes a daily report to
that officer of all money received by him for the county, the persons to
whom they were paid, and on what account.81 When there is no controller,
the treasurer makes a similar report four times a year to the county com-
missioners with a statement of all money received or disbursed since the
last statement. At that time the treasure-r exhibits the balance remaining
and the amounts of taxes due from each tax collector. Annually he states
his accounts and produces his vouchers which, after examination by the
commissioners, are laid before the auditors for settlement.s2 He makes a
monthly report to every municipality and school district of the county
which gives a detailed statement of all delinquent taxes, penalties, fines,
and costs collected by him; along with this report, he remits the money
due to the municipality or school district.s3
Every year on or before March fifteenth the treasurer makes a report
to the Department of Revenue showing the amount of outstanding indebt-
edness of the county, the interest rates, and the dates on which dividends
are due. Whenever the county makes a payment of interest, the treasurer
” 1929 P.L. 1684 sec. 9 rep. 1931 P.L. 280 sec. 22 but reen. in sec. 12 am. 1939 P.L.
498 sec. 7.
” 1929 P.L. 1684 sec. 7 rep. 1931 P.L. 280 sec. 22 but reen. in sec. 14; 1933 P.L.
924 No. 174.
” 1815 FL. 177, 6 Sm.L. 299 sec. 5; 1885 P.L. 268 sec. 4.
” 1911 P.L. 895 sec. 1 rep. 1929 P.L. 1278 sec. 10.51 but reen. in sec. 395.
‘“1923 P.L. 944 sec. 5 am. 1933 P.L. 2.50 further am. 1937 P.L. 567.
*‘1937 P.L. 1625 sec. 6.
” 1895 P.L. 403 No. 288 sec. 13 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 347.
‘* 1700, II St. at L. 34 sec. 3; 1724-25, IV St. at L. 10 sec. 13; 1732,. IV St. at L.
234 sec. 2; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P.L. 537 sec. 37 rep. 1929 P.L. 1278
sec. 10.51 but reen. in sec. 362.
sa 1933 P.L. 1022.