Honorable Richard J. Beamish
AGO 64
Opinion No. 64
Pennsylvania Attorney General Opinions
Opinions Of the Attorney General
September 21, 1932
Bonds—County Officers—Custody—Premiums—Secretary of the Commonwealth—Act of May 2, 1929, P. L. 1278, construed.
The Act of May 2, 1929, P. L. 1278, repealed all statutes in force at the date of its enactment relating to the filing of qualifying bonds with the Secretary of the Commonwealth by prothonotaries, clerks of the several courts, recorders of deeds, registers of wills, sheriffs and coroners in all counties except counties of the first class.
In counties of the first class, the qualifying bonds of the prothonotary, clerks of the several courts of the county, recorder of deeds, register of wills, sheriff and coroner, must be filed with the Secretary of the Commonwealth.
The premium on any bond filed with the Secretary of the Commonwealth must be paid by the of officer tendering the bond in the absence of statutory authority for payment thereof from public funds.
Honorable Richard J. Beamish, Secretary of the Commonwealth, Harrisburg, Pennsylvania.
Sir: We have your request to be advised upon the following questions:
First: Does the Act of May 2, 1929, P. L. 1278, amend or repeal the statutes in force at the date of its enactment relating to the filing of bonds with the Secretary of the Commonwealth by prothonotaries, clerks of the several courts, recorders of deeds, registers of wills, sheriffs and coroners?
Second: What county officers, if any, are required to file bonds in the office of the Secretary of the Commonwealth ?
Third: What condition shall be incorporated in any such bond ?
Fourth: Is the Commonwealth liable for the payment of the premium on any bond required to be filed with the Secretary of the Commonwealth ?
I
The Act of May 2, 1929, P. L. 1278, the "General County Law," applies to all counties of the Commonwealth, except counties of the first class.
Section 51, of the act defines "county officers" and includes within that term prothonotaries, clerks of the several courts, recorders of deeds, registers of wills, sheriffs and coroners.
Section 54 places the custody of all qualifying bonds of these officers with the county controller, except in counties where the office of county controller has not been established. In these counties the custody of...
