Honorable Leon D. Metzger, AGO 82 Opinion no. 82 Pennsylvania Attorney General Opinions
Opinion of the Attorney General June 23, 1933 Escheats—Informant's fee—Where payable when informant is State employe— Public policy. Acts of May 2, 1889, P. L. 66; May 11, 1911, P. L. $81; 1929, P. i. 348, Sec. 1804. If an informant is an. employe of the Commonwealth at the time the information in escheat is filed, and if his duties have anything whatsoever to do with the collection or securing of escheats due the Commonwealth, or with the keeping of any records pertaining thereto, payment of the statutory fee would be contrary to sound public policy. If, however, the duties of the informant deal entirely with other functions of the State government, the mere fact that he is an employe cannot deprive him of the statutory fee. Honorable Leon D. Metzger, Secretary of Revenue, Harrisburg, Pennsylvania. Sir: You have asked to be advised whether an informant's fee is payable to an employe of the Commonwealth, who files information leading to the escheat of the estate of a decedent. You specifically refer to the Estate of Eugene Dumontier in which matter, on January 31, 1907, James C. Deininger, then an employe in the Department of State, filed an information in escheat as provided by law. Prom this estate a net balance of one thousand eight hundred ninety dollars ($1,890) was paid into the State Treasury. Of this amount one quarter, or four hundred seventy-two dollars and fifty cents ($472.50) would be due to Mr. Deininger if, under the circumstances, he is entitled to an informant's fee. An informant is defined by Section 1304 of The Fiscal Code of 1929, P. L. 343, which restated Section 24 of the Act of May 2, 1889, P. L. 66, as amended by the Act of May 11, 1911, P. L. 281. This section provides, in part, as follows:
"Except as hereinafter otherwise provided, any person, who shall first inform the Department of Revenue, by writing signed by such person in the presence of two subscribing witnesses, that any escheat has occurred by reason of the fact that any person has died intestate, without heirs or known kindred, a widow, or surviving husband, or by reason of any other fact, and who shall procure necessary evidence to substantiate the fact of said escheat, and shall prosecute the right of the Commonwealth to the property escheated with effect, shall be entitled to one-fourth part of the proceeds of all
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