Legal Opinion

Reed v. Cist

Supreme Court of Pennsylvania

Decided June 15, 1821PublishedCited by 1 opinion

In Error. . ERROR to the Court of Common Pleas of Luzerne COUIlty • John Reed and others, administrators of Samuel Meredith, deceased, brought this action of debt against Jacob late treasurer of Luzerne county, to recover various of fifty dollars each, for taking greater, and other fees than the law allows, for. advertising 42 tracts of land, viz. one dollar fifty cents for each tract, which penalties amounted J . * . in the .whole, to the sum of 2100 dollars.

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In Error. . ERROR to the Court of Common Pleas of Luzerne COUIlty • John Reed and others, administrators of Samuel Meredith, deceased, brought this action of debt against Jacob late treasurer of Luzerne county, to recover various of fifty dollars each, for taking greater, and other fees than the law allows, for. advertising 42 tracts of land, viz. one dollar fifty cents for each tract, which penalties amounted J . * . in the .whole, to the sum of 2100 dollars. The action was founded on the Act of Assembly of the. 28th March, 1814, and the case was left to-the Court without argument. The °…

1Opinion of the Court

The opinion of the Court was delivered by

'Duncan J.

There is one objection, it it holds good, it is laying the axe to the root of the action. Can administrators sustain an action for the penalty, under the Act of 28th March, 1814, (Purd. 223,) for establishing a fee bill. That act after prescribing-the fees of the several officers, including County Treasurer and his fees, provides, that if any officer shall take greater or other fees than is expressed and limited, for services done, he shall forfeit and pay the party injured 50 dollars. - The fee for advertising, including printer’s charge, is…

2Cited by1 opinion

  1. Commonwealth v. EvansSupreme Court of Pennsylvania · 1826

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