
    COÖS.
    Benton v. Goodale.
    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.
   Allen, J.

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. An 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.  