Benson, Sheriff v. Bradford Co.

Opinion by

Baldrige, J.,

This appeal originated by a petition for a declaratory judgment. The question in dispute is: May the sheriff in the county of Bradford, a county of the seventh class, collect and retain for his own use money covering the mileage prescribed by the existing fee bill, or is he required to pay it into the county treasury as the property of the county? The learned court below rendered a judgment for the defendant, and the plaintiff appeals. We find no ground for reversal.

By the Act of March 17, 1933, P. L. 14, §1 (16 PS §2814), the animal salary of sheriffs of the seventh…