71 Pa. 324 | Pa. | 1872
The opinion of the court was delivered, by
It is clear that the commissioners had no right to pay the defendant, and he had no right to receive twenty per cent, in excess of the amount allowed by law for boarding the jail prisoners of the county. Having no right to the money he cannot in good conscience retain it, and the county is clearly entitled to recover it back. The judgment in this case, therefore, does exact justice between the parties. But if there was such error in the trial of the issue, as calls for its reversal, it is our duty to correct it. The defendant can raise no question as to his right to appeal, for it was his own act; nor as to the form of the issue, for he did not object to it. The only questions presented by the record are those which arise on the assignment of error to the refusal of the court to charge as requested in defendant’s third, fourth and fifth points, and they will be considered in their order:—
1. The court was asked in defendant’s third point to charge the jury in substance that the county auditors had no power to audit, settle, adjust and inquire into the receipt of any money by the defendant from the county commissioners for boarding prisoners, and to report against him any balance due him for over payments made to him for boarding said prisoners; nor has the Court of Common Pleas, on the issue in this appeal, any jurisdiction to inquire into the same subject-matter.
The court was clearly right, as we think, in refusing to give the instruction prayed for. The law makes it the duty of the county auditors to audit, settle and adjust the accounts of the commissioners, treasurer, sheriff and coroner of the county, and make report thereof to the Court of Common Pleas of the county, together with a statement of the balance due from or to such commissioners, treasurer, sheriff or coroner; and for the discharge of this duty ample ppwer is given them to compel the attendance of the officers whose accounts they are required to adjust, and of any persons whom it may be necessary to examine as witnesses, and also to compel the production of the books, vouchers and papers relative to such accounts; and if any person in possession of such books, vouchers and papers shall refuse to produce them, or if any officer whose accounts are to be settled and adjusted by the auditors, shall refuse to attend or submit to examination, the auditors are required to proceed by the examination of witnesses and other evidence, to ascertain and settle as near as may be, the amount of public money received by such officer, and its application to public purposes or otherwise; and power is given them to compel answers from witnesses to any questions they may put touching the public
2. The next question arises on the refusal of the court to charge as required in defendant’s fourth point, that if the jury believe that the twenty per cent, claimed in this case was audited, settled and adjusted by the auditors in 1866, in the account of the detailed statement of. the county commissioners for the year 1865, then neither had the auditors in 1868, nor has the court jurisdiction over the same' subject-matter on the trial of this issue. The report of the auditors in 1866, if not appealed from, was conclusive, and binding on the county and the commissioners whose accounts were audited, settled and adjusted by the auditors, and the auditors in 1868 had no power to re-examine and re-settle them even if there were errors in them. But why should the settlement of the commissioners’ accounts be conclusive as to the question of the defendant’s accountability for' the overpayments made him, even if the auditors in 1866 allowed the commissioners credit for them ? The defendant was not a party to the audit, and therefore he was not bound or concluded by it, and it is clear that the county was not, and if so, there was no error in declining to charge the jury as requested.
3. The only remaining question is, whether the court erred in not charging, as requested in the defendant’s 5th point, that if the jury believe that no auditor’s report on the accounts of the commissioners, treasurer, sheriff and coroner, in connection with the statement charging the defendant with money due by him to the county, was filed in the Common Pleas in 1868, then the Court of Common Pleas on the trial of this issue has no jurisdiction of the subject-matter of plaintiff’s claim againsl the defendants, based on such statement.
The law and justice of the case are clearly with the county. Public officers should be held to a strict and rigid accountability, and in no case should charges for services exceeding the compensation allowed by law be sanctioned or tolerated.
Judgment affirmed.