25 Jan. 1854 § 6. P. L. 7. Residence of libra rian. 19 May 1887. P. L. 189. Librarian may employ night watchman. P. L. 207. of the legislature, from nine A.M. to one P.M., and from two to five P.M., and from seven to nine in the evening; and the librarian shall reside in Harrisburg during his continuance in office.(v) 7. The state librarian be and he is hereby authorised to appoint one night watchman, at a salary not exceeding nine hundred dollars per annum, who shall be under the control and direction of said officer and employed in such manner as the necessities of the office may require. 8. There shall be a board of trustees of the state library, who shall have super13 May 1889 § 1. vision thereof and power to make rules and regulations for the same, and the governor, the secretary of the commonwealth and the attorney-general shall ex officio be said trustees. Board of trustees. Ibid. § 2. State librarian to be appointed by the governor. Term. Compensation. Bond. Duties. 9. The state librarian shall be appointed by the governor, by and with the advice and consent of the senate. He shall hold his office for the term of four years, and the first appointment hereunder shall be from the first Monday in February, one thousand eight hundred and ninety. He may be removed by the governor for cause, and any vacancy that may happen in said office shall be filled Removal for cause. by appointment for the unexpired term: Provided, That on a removal by the governor he shall communicate his reasons therefor to the senate. The state librarian shall be a person of known literary and bibliographic åttainments, and shall receive a salary of two thousand five hundred dollars per annum. He shall give a bond to the commonwealth with sureties to be approved by the governor in the sum of five thousand dollars, conditioned for the faithful performance of the duties of his office. During the term for which he shall be appointed he shall reside at the seat of government, and he shall have charge of and be responsible for the preservation and safe-keeping of the state library. He shall receive and disburse all moneys that are or may be hereafter appropriated for library purposes and keep regular and accurate accounts thereof, which shall at all times be open to the inspection of the trustees of the state library or other lawful authority; which accounts shall be annually settled by the accounting officers of the commonwealth, in the same manner that the accounts of other public officers are now or shall hereafter be settled; and all expenditures for or on account of the library shall be made under the direction of the trustees of the state library. He shall maintain a system of exchanges, foreign and domestic, of all publications which may be subject to his disposal for such purpose. He shall annually, in the month of December, make a report to the governor, submitting such information as it may be proper to present, together with a report of the number of volumes in the library and lists of publications purchased, received through exchange, by donation or otherwise. He shall append to his report a statement of his accounts. His report shall include a list of articles of public property received by him during the year other than such as may have been furnished upon the schedule issued under the authority of the secretary of the commonwealth. He shall also report the number of volumes lost from the library or unreturned thereto. He may bring suit, in the name of the commonwealth, against any person unlawfully in possession of any property belonging to the state library, or against any person who shall have received or retained any publication therefrom contrary to the rules thereof; and the recovery shall be for double the value of such property or publication. Annual report. May bring suit for property and books. Ibid. When library shall be kept open. Ibid. § 3. Two assistant librarians. Salaries. Ibid. § 4. Who may take books from the library. Ibid. § 5. Annual meeting of board of trustees. 10. It shall be his duty to keep the library room open to the public every secular day, except public holidays, between the hours of nine ante meridian and three post meridian, except during the sessions of the legislature and of the supreme court sitting at Harrisburg, when the library room shall be open as aforesaid, between the hours of nine ante meridian and nine post meridian: Provided, That on Saturdays the library shall close at twelve o'clock noon. man. 11. The librarian shall appoint two assistants, one messenger and one watchThey shall take the oath of office prescribed by the constitution. Each assistant shall give a bond with sureties, to be approved by the governor, in the sum of two thousand dollars, for the faithful performance of his duties. The messenger shall give a like bond, subject to like approval, in the sum of one thousand dollars. The first assistant shall receive an annual salary of eighteen hundred dollars and the second assistant shall receive an annual salary of fifteen hundred dollars, the messenger a salary of one thousand dollars and the watchman a salary of nine hundred dollars. They shall be subject to removal by the board of trustees of the state library. 12. The governor, members of the general assembly, justices of the supreme court, heads of departments and officers of the commonwealth at the seat of government, and such other persons as may be designated by the rules adopted by the board of trustees, shall be entitled, under such regulations as the board of trustees shall prescribe, to take books from the library. 13. The board of trustees of the state library shall meet annually upon the second Monday of December and at such other times as they may fix for that purpose, and the state librarian shall act as secretary to the same. () The act 17 February 1869, P. L. 18, provides that the library rooms shall be kept open, every secular day, between 8 o'clock A.M. and 9 o'clock P.M., during the session of the legislature. STATE REPORTER. 1. State reporter to be appointed. Bond. Oath of office. 2. When governor may remove. Vacancies. Term. 3. What shall be deemed a failure to discharge official duties. Certificate of the prothonotary. His duties. 4. Duties of the state reporter. 5. To report all supreme court cases. 6. Additional allowance. 7. Repealing clause. 8. Style of reports. 9. Salary of reporter. 10. Reports to be published by contract. Terms of contract. 11. Advertisement for proposals. 12. Contractors to give bond. 13. Reporter's fees to be paid into the treasury. 14. No copyright to be obtained. 1. The governor, within twenty days after this act goes into effect, shall nomi- 12 June 1878 § 1. nate, and by and with the advice and consent of two-thirds of all the members of P. L. 201. the senate, when in session, or, if not in session at the time of such appointment, State reporter to subject to such advice and consent of the senate at its next session, and on taking be appointed. the security hereinafter required, shall commission, for the period of five years, and every five years thereafter, a person of known integrity and learning in the law, to be reporter of the decisions of the supreme court of this state, who shall give bond to the commonwealth, with at least two sufficient sureties, to be approved by the governor, in the sum of five thousand dollars, for the correct and faithful Bond. performance of its official duties, and shall, in addition to the oath prescribed by the constitution, further take and subscribe, before a judge of the supreme court or Oath of office. of Dauphin county, an oath or affirmation, to be filed with the secretary of the commonwealth, that he will perform the duties of his office with correctness, impartiality and fidelity. 19 May 1887. P. L. 127. When governor may remove. 2. The governor may at any time remove said reporter for incompetency or a failure to promptly discharge his official duties, on the address of any one or more of the judges of said court, made to him in writing; and shall have power to fill any vacancy, which may occur by death, removal or otherwise, by the appointment Vacancies. of a reporter, to continue for the term of five years thereafter. Term. Ibid. What shall be duties. 3. Failure of the said reporter to report, prepare for publication and place in the hands of the publishers, the decisions of said court, marked or designated to be reported, for a period of twenty days(w) after a sufficient number of such decisions deemed a failure to have been delivered to him to make a printed volume such as required by this act, discharge official shall be deemed a failure to discharge his official duties within the meaning of this act; and it shall be the duty of the governor, upon the complaint of any one showing such delay in the performance of his duties, to remove said reporter and fill the vacancy by appointment hereinbefore provided; and the certificate of the several Certificate of the prothonotaries of said court, stating the number of unreported cases in the hands prothonotary. of said reporter, shall be deemed sufficient evidence of the unreported cases in the hands of said reporter to require the governor to act on such removal; and the said prothonotaries, and each of them, are hereby required to furnish a list stating the number of cases placed in his hands, and the number of pages of manuscript covered by said cases, upon the application of any attorney of said court, upon paying His duties. the legal fees therefor.(x) Ibid. Duties of the state 4. The reporter shall, when required by the court, attend its session and consultation, and, under its direction, promptly report and prepare for publication such of its decisions as the court may designate; but before the publication thereof, he reporter. shall submit the syllabus of every case by him reported to the judge who delivered the opinion, for correction and approval.(x) P. L. 22. 5. It shall be the duty of the state reporter to report, (y) in the authorized series 28 March 1889 § 1. of reports, all the cases decided by the supreme court of this commonwealth; those cases marked by the several justices of said court "to be reported," shall be To report all reported in the manner heretofore practised; those cases not so marked, shall be supreme court condensed by the omission therefrom of all parts of the history, arguments and cases. opinion of the court below, not necessary to a proper understanding of the points ruled. Ibid. § 2. 6. To enable the reporter properly to discharge the duties hereby imposed, with promptness and dispatch, he shall be allowed for stationery, clerk hire and assist- Additional allowance, the additional sum of three thousand dollars per annum. ance. Ibid. § 3. 7. All acts or parts of acts inconsistent herewith are hereby repealed. 8. The said report shall be printed on first-class book paper, and bound in good Repealing clause. (w) The requirement that all reports shall be placed in the hands of the publishers within twenty days after the decisions have been handed down, is repealed by implication by the act 28 March 1889, P. L. 22. State Reporter's Case, 150 P. S. 550. (x) These are amendments of the act 12 June 1878, §§ 2, 3, P. L. 201. (y) The decisions of the supreme court left unreported at the end of the term of an outgoing reporter, must be reported by his successor. State Reporter's Case, 150 P. S. 550. 12 June 1878 § 5. full law sheep, in style not inferior to volume one of Harris's reports, and shall be P. L. 201. Style of reports. Ibid. § 6. Salary of reporter. Ibid. § 7. Reports to be pub in form and manner of execution similar thereto, and shall contain not less than seven hundred pages of printed matter in each volume, including an index and table of cases, similar to those in said volume, which shall be prepared and furnished by said reporter; and there shall be printed on the back of each of said volumes the words "Pennsylvania State Reports," the number of the volume in the series of said state reports, the name of the reporter and the number of the volume in his series, with the year when published. 9. The reporter shall receive for his services, under this act, a salary of three thousand dollars for each year, payable out of the state treasury, in quarterly instalments; the last quarter not to be paid, however, until the decisions for that year shall have been reported and prepared for publication.(z) 10. The reporter shall have no pecuniary interest in such reports, but the same shall be published, under the supervision of the reporter, by contract, to be entered lished by contract. into by the reporter, secretary of the commonwealth and auditor-general, with the person or persons who, in addition to furnishing the state librarian, for library and exchange, fifty copies of each volume, shall agree to publish and sell the said reports on terms the most advantageous to the public and at the lowest price; which conTerms of contract. tract shall be for a term of ten years, and shall provide that every volume printed under such contract shall be stereotyped, and the plates thereof preserved, and be delivered to the secretary of the commonwealth as the property of the state, within three years after the expiration of the contract; and shall further provide that all volumes published under such contract shall be kept by the contractor at some convenient place within this commonwealth, to be designated by the said secretary, for sale, at the contract price, to all citizens of the commonwealth desiring the same, during the term of his said contract, and for five years thereafter. Ibid. § 8. 11. Before letting any contract as provided by this act, the secretary of the comAdvertisement for monwealth shall give notice of the time and place of awarding the contract, by adproposals. vertisement in the newspaper having the greatest circulation in each of the cities of Philadelphia and Pittsburgh, once a week for six consecutive weeks immediately preceding the letting of such contract, and shall receive sealed proposals or bids, and shall award the contract to the lowest bidder who can give the security required by the ninth section of this act. Ibid. § 9. 12. The person to whom any contract shall be awarded under this act shall, at the time of executing said contract, give bond to the commonwealth, with at least Contractors to give bond. three sureties, to be approved by the governor, in the sum of twenty thousand dollars, conditioned for the faithful performance of said contract. Ibid. § 10. Reporter's fees to be paid into the treasury. Ibid. § 11. 13. The state reporter shall receive no other compensation than is provided by this act, and all fees which are now payable to the state reporter shall be paid into the treasury of the commonwealth. 14. It shall not be lawful for the reporter, or any other person, to secure or obtain any copyright of said reports. (a) STATE TREASURER. See COUNTY Treasurers; Defaulting Public OfficeRS; SALARIES; SINKING FUND. 28 April 1878 § 1. P. L. 77. Election of state treasurer. 1. The qualified voters of this commonwealth shall choose by ballot, on the second Tuesday of October, Anno Domini 1873, and on the day of the general election every second year thereafter, (b) one person to fill the office of state treasurer, and until such officer is elected and assumes the duties of his office, according (z) See supra pl. 6. (a) As to the question of copyright in state reports, see note to Wheaton v. Peters, 8 Pet. 593 (Bright. Ed.). Also, Banks v. Manchester, 23 Fed. Rep. 143. Senate bill No. 152 of 1891, entitled "An act to provide for the publication of a digest of the laws of Pennsylvania, by Boyd Crumrine, the then state reporter," was vetoed by the governor. (b) On the Tuesday next following the first Monday of November, by the constitution of 1874, art. viii. § 2. P. L. 77. to the provisions of this act, the present incumbent, upon his renewing his official 28 April 1878 § 1. bond, to be approved by the governor, not later than the first Monday of May next, shall have all the powers and perform all the duties of state treasurer. Ibid. § 2. 2. Any person elected state treasurer in pursuance of the provisions of this act, shall be commissioned by the governor of this commonwealth, and assume the To be commisduties of the office on the first Monday of May next succeeding his election; and sioned. shall have and possess all the powers granted, perform all the duties and be subject to all the penalties imposed by existing laws of the commonwealth relating to state treasurer and the management of the state treasury. Ibid. § 4. 3. The election laws now in force for the choice of governor of this commonwealth, shall regulate the election of state treasurer; and in case of any vacancy Elections reguoccurring in said office from death, resignation, failure to qualify and assume the lated. duties after election, or otherwise, the governor shall appoint some proper person to fill such vacancy until the first Monday of May following the next general election; and the qualified electors shall, at the first general election which shall happen more than sixty days after such vacancy shall occur, elect, in the manner Vacancies, how herein provided, a suitable person to fill said office, for the full term authorized by the provisions of this act. filled. Ibid. § 5. Contested elec 4. The election of any person appearing to be elected treasurer under the provisions of this act, may be contested on the petition of the qualified electors of this commonwealth, by the same tribunal and in the same manner and under the tions. same resolutions and restrictions prescribed under the act of July 2d, 1839, for contesting the election of any person as governor of this commonwealth. P. L. 126. 5. It shall be the duty of the state treasurer, before he enters upon the duties of 9 May 1874 § 1. his office, to take the oath or affirmation of office agreeably to the direction of the constitution of the United States and of this commonwealth; and he shall be- Oath of office. come bound to the commonwealth in an obligation, with ten or more sufficient Bond. sureties, to be approved by the governor, in the sum of five hundred thousand dollars, conditioned for the true and faithful performance of the trusts and duties of his office; and the execution thereof being duly proven, the same shall be entered on record in the office of the secretary of the commonwealth, in a book to be provided for that purpose, and copies of such obligation, duly authenticated under the seal of said office, shall be admitted as primâ facie evidence of the fact, execution and contents of such bond, in any court of this commonwealth, in all cases in which the original bond would be evidence of the same matter. Ibid. § 2. 6. The term of office of the state treasurer shall hereafter commence on the first Monday of May next succeeding his election, and shall continue for two years, or Term of office. until his successor shall be duly qualified. Ibid. § 8. 7. When a vacancy in the office of state treasurer shall happen by death, resignation or otherwise, the governor, by and with the advice and consent of the senate Power to fill vawhen in session, shall fill said vacancy by appointment; and the person so ap- cancies. pointed after having taken the oath prescribed by the constitution, and given the requisite security fixed by law, shall perform the duties of state treasurer until the first Monday in May, first succeeding the next general election, which shall happen more than three calendar months after the vacancy occurs, or until his successor shall be duly qualified. Ibid. § 4. 8. The state treasurer shall procure a seal of office, and all copies, under the seal of the state treasurer, of accounts and documents appertaining to his office, shall be Seal of office. evidence in courts of law, and elsewhere within this commonwealth. Ibid. § 5. 9. It shall be the duty of the state treasurer to keep a correct and accurate account of all moneys received and expended, and he shall furnish to the auditor- Accounts to be general, on the first business day of every month, an account of all moneys so re- kept at the ceived and paid by virtue of the powers of his office, during the preceding month, treasury. together with the vouchers for the payments made by him; and the auditor-general shall transfer all the receipts and payments to their proper accounts in the books of his office. Ibid. § 6. be kept. 10. The state treasurer shall keep two separate books of accounts, to be known respectively as the "sinking fund ledger" and the "general revenue ledger; and he shall cause all moneys received from revenues belonging to the sinking fund Separate ledgers to to be credited to the commissioners of the sinking fund, in the sinking fund ledger, and all moneys received from other sources to be credited in the general revenue ledger. Ibid. § 7. 11. In the annual report of the state treasurer on the finances, he shall furnish to the legislature two distinct statements of receipts and expenditures, one of which Separate reports to shall show the aggregate monthly receipts from all sources of revenue by law ap- be made. propriated to the sinking fund, and the other the aggregate monthly receipts from all other sources of revenue, with the disbursements therefrom. Ibid. § 8. 12. The state treasurer, on the first business day of each month, shall render a statement of account to the auditor-general, giving in detail the different sums Monthly statewhich go to make up the grand total of the amount on that day in the state ments to be rentreasury, exclusive of moneys appropriated to the sinking fund; such statement dered. shall include the names of banks, corporations, firms or individuals with whom the public funds are deposited, with the various amounts of such deposits, the securities P. L. 126. 9 May 1874 § 8. held by the state for the safe-keeping of the same, and the rate of interest received by the state on such deposits, and shall be verified by the oath or affirmation of the state treasurer, and recorded in a book kept for that purpose in the auditor-general's office; and shall be open for the inspection of the governor, heads of departments, members of the legislature or any citizen of the state desiring to inspect the same, and shall be correctly published in two newspapers at Harrisburg for general infor Ibid. § 9. Payment of appropriations. 29 May 1891 § 1. P. L. 182. Warrants for appropriations to be countersigned by auditor-general. Ibid. § 2. Repealing clause. 8 July 1885. P. L. 253. May sell non- Public notice. 30 March 1811 § 8. 5 Sm. 230. To pay salaries, &c. May refer back decree for payment of pension. Ibid. § 46. To make annual lature. mation. 13. All appropriations shall be payable quarterly at the state treasury upon warrants properly drawn in accordance with law. (c) 14. From and after the passage of this act all warrants for the payment of appropriations of moneys from the state treasury that are not drawn by the auditor-general in pursuance of the provisions of the act, entitled "An act to amend and consolidate the several acts relating to the settlement of the public accounts and the payment of public moneys, and for other purposes," approved the thirtieth day of March, Anno Domini one thousand eight hundred and eleven, shall be presented to the auditor-general to be charged and countersigned by him before the same shall be paid by the state treasurer, and all such warrants issued after the passage of this act that are not so charged and countersigned shall be declared illegal and void, and the state treasurer is prohibited from paying the same. 15. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. 16. The state treasurer be and is hereby authorized to sell, transfer and convey, at public sale, at such place or places as he may deem proper, any of the nondividend paying stock held and owned by the commonwealth of Pennsylvania in any incorporated bridge company, to the highest bidder or bidders, after having caused thirty days' public notice to be given of the time and place of such sale, in one or more newspapers published in the county, in which the corporation, the stock of which is owned by the commonwealth as aforesaid, shall be located, and the proceeds of such sale, after deducting the necessary expenses thereof, shall be covered into the state treasury. 17. The state treasurer shall pay all grants, (d) salaries, annuities, gratuities and pensions established by law, and make all other payments which are or shall be so fixed by law, that the sum to be paid cannot be affected by the settlement of any account, nor increased nor diminished by the discretionary powers of the auditor-general and state treasurer: Provided, however, That in relation to pensions payable under decrees of courts, the state treasurer may, if he deems it proper, refer the said decrees or certificates back to the court for revision, stating his reasons therefor. 18. The state treasurer shall, on the fourth Monday in December annually, make report to the legislature, exhibiting in detail the receipts and expenditures reports to the legis- of the state treasury for the preceding year, ending at the last day of November, designating the name of every person from whom moneys were received, and to whom moneys have been paid, and on what account; and the auditor-general shall, on the same day annually, make report, which shall exhibit in the abstract, a statement of the finances of the commonwealth; which reports of the state treasurer and auditor-general shall be previously printed, and six hundred copies of each delivered to the clerk of the house of representatives; the expenses of printing, and all other expenses attending the same, to be paid out of the aggregate funds of the commonwealth, on warrants drawn in the usual manner. To be printed. 16 March 1882 § 1. P. L. 154. report. 19. It shall be the duty of the state treasurer, to digest, prepare and lay before the general assembly, at the commencement of every session, a report on the subTo prepare finance ject of finance, containing estimates of the public revenue and public expenditures and plans for the support of public credit, and for improving or increasing the revenues, from time to time, for the purpose of giving information to the general assembly in adopting modes of raising money requisite to meet the public expenditure. Ibid. § 2. To make estimates. 27 Feb. 1847 § 4. P. L. 174. To make certain 20. It shall be the duty of the state treasurer to annex to the annual estimates of the appropriation required for the public service of the year, which may have been made by former acts, and also a statement of the sums remaining in the treasury from the appropriations of former years, estimating the amount of those sums which will not be required to defray expenses incurred in a previous year, and showing the whole amount which will be subject to the disposition of the government in the year to which the estimates apply. 21. It shall be the duty of the treasurer of this commonwealth to communicate to the secretary thereof, on or before the first day of February in each and every year, the amount paid out of the state treasury towards the support of any jails reports to the sec- or penitentiaries of this commonwealth, for the year ending on the thirty-first day of the previous December, designating the penitentiaries and jails to which money was so paid. retary. (c) The tenth section of this act and the amending section of the act 23 June 1885, P. L. 140, were repealed by the act 24 March 1891, P. L. 8. (d) The word "grants" is interlined, with a lead pencil, in the original law. |