
    Commonwealth versus Milton Paull.
    Upon a complaint of a clerk of a company of militia against a private, for neglect" ing to appear at a company meeting, the clerk is incompetent to testify to any other fact than that he gave notice to the private to appear at such meeting.
    John Briggs, a private in a company of militia, having been fined by a justice of the peace for neglecting to appear at a meeting of the company on the 5th of October, 1824, filed a petition for a writ of certiorari, alleging, among other things, that the justice permitted Pauli, the complainant and .clerk of the company, to be examined to facts other than the notice to Briggs to appear at the meeting before mentioned ; whereupon a certiorari was awarded ; and upon the return of the writ it appeared, that Pauli had testified that the roll of the company was called on the 5th of October, and that Briggs was absent.
    Bacon, for the commonwealth.
    
      H. Cushman, for the respondent.
   Per Curiam.

The St. 1809, c. 108, § 18, provides, that the testimony of the clerk shall be evidence of notice to the men of any company, to appear at a time and place appointed, for any military duty, but it does not allow him to testify to other facts ; and by the general principles of law he is an incompetent witness, being interested in the fine to be imposed.

Proceedings quashed. 
      
       See Revised Stat. c. 12, § 112, p. 128; Burt v. Dimmock, 11 Pick. 356.
     