Opinion
Decided December, 1890.
One who is compelled to pay more than his share of the fees of a collector of taxes, to prevent a tax sale of his land (included with lands of other persons in an advertisement of sale), may recover the excess in assumpsit.
ASSUMPSIT, against a tax-collector for excessive fees paid him by the plaintiff.
W. Heywood, for the plaintiff.
Ladd Fletcher, for the defendant.
The defendant was entitled to one dollar and no more "for advertising" all the lands included in a single advertisement, and the plaintiff was holden to pay no more than "his just proportion" of the defendant's fees. G. L., c. 58, s. 15; c. 59, ss. 16, 17. The plaintiff's payment of more than his share was not voluntary. He was compelled to pay what the defendant demanded to prevent a sale. All action of debt for the penalty prescribed by Gen. Laws, c. 59, s. 18, was not the only remedy. Cardigan v. Page, 6 N.H. 182, 193.
Judgment for the plaintiff.
BINGHAM, J., did not sit: the others concurred.