Kelly's Impeachment

Superior Court of Pennsylvania
Kelly's Impeachment, 17 Pa. Super. 344 (1901)
1901 Pa. Super. LEXIS 317
Beaver, Orlady, Porter, Rice

Kelly's Impeachment

Opinion of the Court

Pek Curiam,

The 2d section of the Act of January 14, 1804, 4 Sm. L. 107, entitled “ An act directing the mode of taking testimony in cases of complaint against justices of the peace,” provides that the judge conducting the examination shall certify to the county commissioners, amongst other things, “ the account of the costs upon each process served by the constable.” The act does not declare it to be his duty to certify to the correctness of the respondent’s bill for serving process. The duty is defined by the statute imposing it, and we are not convinced that the learned judge erred in holding that it is not to be enlarged by judicial construction. Moreover, no appeal (using that term in the sense ascribed to it prior to the act of 1887), lies from the refusal of the judge to approve such bill. All that the certiorari brings up for review is the record proper, and if no error of. law is apparent therein, it would seem, following de*347cisions in analogous, cases, that we cannot reverse his ruling and compel him to approve the bill. See McCauley’s Appeal, 86 Pa. 187, and Litz v. Kauffman, 4 Pa. C. C. Rep.- 329. The cases cited by the appellant’s counsel do not rule either of the points above suggested. Finding no error upon the record, the order is affirmed.

Reference

Cited By
1 case
Status
Published
Syllabus
Justice of the peace — Alderman—Gosts—Serving subpoenas — Mileage— Impeachment proceedings. A justice of the peace who serves his own subpoenas in impeachment proceedings instituted against himself under the Act of January 14, 1804, 4 Sm. L. 107, is not entitled to fees for mileage and serving subpoenas. Appeals — Impeachment proceedings — Taxing costs. ■ No appeal lies from an order of a judge taxing costs in impeachment proceedings against a justice of the peace instituted under the Act of January 14, 1804, 4 Sm. L. 107. All that the certiorari takes up is the record proper. -