The plaintiff is entitled to an abatement. G. L., c. 53, s. 6; People v. Weaver, 100 U.S. 539; Supervisors v. Stanley, 105 U.S. 305; Hills v. Exchange Bank, 105 U.S. 319; Evansville Bank v. Britton, 105 U.S. 322; Cool. Tax. 389.

Case discharged.

STANLEY, SMITH and CLARK JJ., did not sit: the others concurred.