30 N.J.L. 351 | N.J. | 1863
The tax objected to in this case was assessed: by virtue of a resolution, passed by a special town meeting of the inhabitants of the township of Springfield, county of Burlington, held in August, 1862, which directed a sufficient amount of money to be raised by taxation to pay certain, bounties to volunteers, without specifying how much. The assessor proves that twelve hundred dollars was the amount raised for this purpose.
If the facts have been sufficiently shown, 't is not insisted by the counsel for the township that this tax was legally assessed. It cannot be doubted, I think, that it was illegal, for. three reasons — first, because no general or special law authorized the town meeting to raise any money for the purpose-specified; second, because no specific sum, nor any certain mode of ascertaining the sum intended, was provided for;, third, because the notice of the special town meeting, set up by the clerk, did not mention the object or purpose of the meeting, as required by the statute. Nix. Dig. 876, § 15.
’ It is urged, however, that the resolution, produced as a copy of that adopted by the special town meeting, is not properly proved. The clerk of the township certifies that it is a true-copy, and swears that it is a copy from the town book, and this is equivalent to proof of what is termed a sworn copy. It was not necessary, nor indeed proper, to produce the book itself. I do not perceive, however, that this question is of any importance. The assessor proves that the amount ordered to be raised by the special town meeting was twelve hundred dollars, and that the sum. thus ordered, and not otherwise-authorized, was added to the amounts regularly authorized to be raised. If no formal resolution to do this was adopted or recorded, so much the worse.
But it was also insisted that, admitting the tax to have-been illegally assessed, it was a tort in the assessor for which he is liable; and that inasmuch as the tax has been levied by distress and sale of the prosecutor’s goods, and no direct action of the court can restore the money, we ought not to
It appears that the prosecutor appealed from the tax, and that the three commissioners of appeal actually signed a certificate reducing it, but it being doubtful whether they had been ■duly qualified to act, and whether the certificate had been properly signed, the township officers disregarded it, and proceeded to collect the sum originally assessed. That so much as was taken off by the commissioners was illegal, is now clearly established, and we are thus relieved from the necessity of inquiring into the regularity of the certificate.
Some question was made, on behalf of the prosecutor, whether this case comes within the statute. Nix. Dig. 853, § 74.
Rev., p. 1196, § 15.
Rev.,p. 1172, l 147.