Harrison v. Ellmakfr

Decided February 12, 1833

Supreme Court of Pennsylvania · decided 1833-02-12

This was a writ of error to the Court of Common Pleas of the County of Philadelphia, in an action originally brought by the defendant in error, Levi Ellmaker, against the plaintiff in error, John Harrisun then Recorder of Deeds of the City and County of Philadelphia, to recover the penalty of fifty dollars imposed by the 26th section of the act of 28th of March, 1814, entitled “ An act to establish a fee bill.” 1 Purd. Dig. 311.

Decided 1833-02-12

¶1The opinion of the Court was delivered by

Huston J.

¶2This matter is too plain for argument. When a person applies to an officer to see a record, and only wishes to see it, or know if there is such a record, the fee bill gives the officer the fee for a search. When a person applies to an officer for a copy of a record, or a certificate of the date of a record, the officer must find the record, before he can make the copy, or give the certificate required. This search is for his own use and benefit; he makes the copy or gives the certificate; and is paid for so doing, and has no right to charge for a search. The words of the act are plain, cannot be mistaken, and ought not to be evaded.

¶3Judgment affirmed.