68 Pa. Super. 60 | Pa. Super. Ct. | 1917
Opinion by
We are of opinion the learned court below fell into error in entering the order and decree complained of.
The recorder of deeds in each of the several counties of the Commonwealth is and has been, almost since our beginning, an important county officer. He is elected by the people of the county. His duties and emoluments are prescribed by statute. He is, in no accurate use of' language, an officer of the court nor are the records which, by law, he is required to safely keep, the records of the judgments or decrees of the court. They are the history of the transactions of the people of the county affecting the titles to land.
By the Act of May 26,1891, P. L. 129, the legislature, recognizing the fact that new and improved systems for keeping such records and the necessary indices were being constantly devised, authorized the several Courts of Common Pleas to do certain things. The first section of the act empowers the court “to change and alter the mode of keeping said indices in one or more of said offices” and to direct the mode in which they should thereafter be kept. The authority thus conferred extended to the records, etc., kept not only in the office of the re
As we read the statute, it was clearly proper for the learned court below, after having determined there ought to be a change in the method of keeping the records referred to in the statute, to enter an order or decree requiring the same should be done and directing the manner in which the indices were thereafter to be kept. With the making of that order, the power conferred upon the court by the statute would apparently end. It then became the duty of the proper officer, whether prothonotary, recorder or other officer mentioned in the statute, to execute the order made by the court in the manner provided by law. It was not the purpose of the legislature, as expressed in the language of the act, to take away from the recorder of deeds, for instance, the custody of the records, for the security of which he was responsible by law, and turn them over to the county commissioners or to any other perhaps irresponsible person they might select for the performance of the work to be done. We think Mr. Justice Frazer, in Nicely v. Raker, 250 Pa. 386, has expressed in a sen
The decree of the court below is reversed and the record is remitted to that court with direction to reinstate the bill and thereupon to enter an injunctive decree restraining the defendants from interfering with the records in the lawful custody of the plaintiff. The costs of this appeal to be paid by the appellees.