Supreme Judicial Court of Maine, 1887

Inhabitants of Orneville v. Palmer

Inhabitants of Orneville v. Palmer
Supreme Judicial Court of Maine · Decided June 29, 1887 · Danforth, Emery, Haskell, Libbey, Peters, Walton
79 Me. 472; 10 A. 451; 1887 Me. LEXIS 100

Inhabitants of Orneville v. Palmer

Opinion of the Court

Haskell, J.

It is settled law in this state that assessors must qualify by taking the oath of office in the manner prescribed by statute before they can assess a legal tax. R. S., c. 3, § 24; Dresden v. Goud, 75 Maine, 298.

The statute provides that assessors may be sworn "by the town or parish clerk, or by any person authorized by law.” R. S., c. 3, § 24. Two of the assessors attempted to qualify by *473taking the oath of office before the moderator, who was not authorized by law to administer oaths in such cases, and therefore these assessors were not legally qualified to perform the duties of office, and could not assess a legal tax.

Plaintiff nonsuit.

Peters, C. J., Walton, Danforth, Libbey and Emery, JJ., concurred.

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