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Home My WebLink AboutKent & Stevens - County RecordsCOUNTY GOVERNMENT AND ARCHIVES ‘1 I IN PENNSYLVANIA A XXVI XXVII XXVIII XXIX xxx xxx1 xxx11 xxx111 XXXIV xxxv XXXVI XXXVII XXXVIII XXXIX XL XL1 XL11 XL111 Page 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 ies, .me md md [me ves xes ,ted )m- .ted !as- sale ‘ars rice md d. tary imi- but 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 )me- de- cant kept lows :om- f all ;erv- n of was lart- 929. cries loca- l the :d is :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.