
    J. P. BUBB v. LYCOMING CO.
    APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE LYCOMING COUNTY.
    Argued March. 19, 1890
    Decided April 7, 1890.
    The act of March 13, 1873, P. L. 285, providing that, “instead of the pay heretofore received,” the election officers in Lycoming county should receive “ $2.50 per day, to be computed from the opening to the closing of the polls, and 25 cents per hour for each additional hour they may be necessarily engaged in counting the votes and making out the returns after the polls shall be closed,” a return judge is not entitled to the per diem allowance under § 92, act of July 2, 1839, P. L. 540; the question as to mileage under § 93 of said act not raised, and not decided.
    Before Paxson, C. J., Sterrett, Williams, McCollum and Mitchell, JJ.
    No. 336 January Term 1890, Sup. Ct.; court below, No. 63 March Term 1890, C. P.
    On December 13, 1889, an amicable action in assumpsit was entered, wherein John P. Bubb was plaintiff and Lycoming county was defendant, a case stated being filed setting out the following facts:
    “That John P. Bubb was the duly elected judge of elections of Nippenose township, Lycoming county, for the year 1889, and served in such capacity at the general election of November 5, 1889, and delivered the election returns for said township-for said election to the prothonotary of the Court of Common Pleas of Lycoming county as required by law; that he presented to the commissioners of Lycoming county his bill for services for the day of the election and for extra hours in making up the returns, etc., and also for one day’s service as return judge in making his return of the election papers for said township of Nippenose, .for the election of November 5, 1889, to the prothonotary, as aforesaid; that the county commissioners drew an order on the county treasurer in favor of said John P. Bubb for the daily pay at the election polls, for the extra hours spent in counting the ballot and making up the returns, etc., and mileage for the distance traveled in making his returns of the election papers to the prothonotary as aforesaid, but refused to draw a warrant in his favor for his daily pay as return judge in delivering the election returns.
    “If the court should be of the opinion that John P. Bubb is entitled to a per diem allowance for the time spent in making his returns of the election papers to the prothono.tary, for the general election of November 5,1889, for Nippenose township, then judgment to be entered in favor of John P. Bubb and against Lycoming county for one day’s service, in the amount fixed by law. If he is not entitled to such allowance then judgment to be entered in favor of the county.”
    On February 14, 1890, after argument, the court, Metzger, P. J., filed an opinion, which, after quoting the act of March 13, 1873, P. L. 285, proceeded:
    This act supplies the general law so far as relates to the county of Lycoming, and must govern this case. It was clearly intended by the legislature that no per diem pay was to be allowed the election officers in this county for any service except such as is provided for by said act. The section of the act of 1839 relating to mileage of the return judges is not supplied by the act of 1873, nor are its provisions inconsistent with said section, and therefore mileage is still allowed to the judges for making their returns. But, so far as daily pay of election officers is concerned, there is no act or part of any act of assembly in force in-this county, other than the act of 1873. The daily pay of the judge not being within its provisions, he is not entitled to said pay.
    —Judgment having been entered in favor of the defendant, the plaintiff took this writ, assigning the entry of such judgment for error.
    
      Mr. J. F. Strieby, for the appellant.
    
      Mr. John J. Reardon, for the appellee.
   Per Curiam:

We think the learned judge below was right in entering judgment in favor of the county. Under the ninety-second section of the act of July 2,1839, the plaintiff would have been entitled to his per diem compensation for returning the election papers to the prothonotary. The local act of March 13, 1873, is very broad in its terms, and supersedes this section of the act of 1839. It provides “that, instead of the pay heretofore received by the election officers in the Gounty of Lycoming, each officer and member of any election board shall hereafter be paid for their services at any special or general election in said county at the rate of $2.50 per day, to be computed from the opening to the closing of the polls, and 25 cents per hour for each additional hour they may be necessarily engaged in counting the votes and making out the returns after the polls shall be closed.” This covers the ground fully as to the per diem compensation. It is expressly given “ instead of the pay heretofore received,” and excludes any other or further compensation for any services performed by such officers. The question of mileage is not before us.

Judgment affirmed.  