71 Pa. Super. 225 | Pa. Super. Ct. | 1919
Opinion by
The controlling facts in this case are not in dispute. The plaintiff was employed as a clerk or transcriber in the office of the recorder of deeds of Montgomery County, holding his position by appointment of that officer, and required by the rules and regulations of the office, to devote eight hours every day, except Sundays and legal holidays, to the performance of his duties, for which he received from the county a monthly salary which had been fixed by the County Salary Board, and regularly paid to him. While so acting as a clerk in the recorder’s office, he was elected assessor for the term of four years in Worcester Township, and qualified for and entered upon the discharge of the duties of that office. He received his precept from the county commissioners dated December 11, 1916, requiring him to make the assessments in the township for the year 1917, and return the same on or before specified dates. He commenced work on January 2d, following, completed the designated work and made a return on February 15th, for which he claims compensation for thirty-nine (39) days’ services at the rate of $3.50 per day. As assessor he made the enrollment of the militia for the year 1917, containing 168 names, and claims for this service at the rate of three cents per name. On April 2, 1917, he received a further precept from the county commissioners requiring him to make the registry for enrollment of voters in the township, to commence work on the first Monday of May, and to make his return'on or before the twenty-eighth day of that month, and for this service he claims for nineteen days’ time spent at the rate of $2.50 per day.
The conceded facts being that a clerk in the recorder’s office is not a public officer, and that an assessor is a public officer, it follows that the two positions are not incompatible, and that his receiving a salary as clerk or transcriber in the recorder’s office did not render him ineligible to act as assessor and receive compensation therefor. In the absence of an express provision in the statute regulating working hours, an officer who holds two or more separate and distinct offices, not incompatible with each other, to each of which compensation is
Taking the case as presented by the record, the plaintiff Worked as assessor thirty-nine days, on an average of more than five hours per day, for which he seeks payment, and this work was performed outside of his working hours as transcriber or clerk. In view of the absence of statutory regulations, and in the light of the admission that the services were properly and satisfactorily performed, the plaintiff is entitled to recover the amount ascertained by the jury.
The judgment is reversed, and is now directed to be entered on the verdict.