¶1The 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.
¶2 Proceedings quashed.
¶3 See Revised Stat. c. 12, § 112, p. 128; Burt v. Dimmock, 11 Pick. 356.