that, where an Appellant alledges that he has no rateable property within the place, the Respondents should begin, by shewing that he has some property liable to be rated, for otherwise it would be obliging the Appellant, in the first instance, to prove the negative. But if the Appellant only object to the quantum of rate, he admits his liability generally, and the onus of proof to support his Appeal lies on him, and he ought to begin.* It may save the young Practitioner some trouble of reference, if the few observations upon the evidence, which, in an especial manner, applies to appeals, be briefly recapitulated here, and which are as follow: tion of rules In all cases, where an original paper is lost, or Recapituladestroyed, and reasonable evidence of such loss, of evidence. or destruction, be adduced, a copy, or even parol testimony of its existence, is admissible: This rule particularly applies to, and is frequently called into exercise respecting, inden ́tures of apprenticeship, and orders of removal.† Although it be a general objection against a witness, that he has an interest in the question to be decided, it is enacted by statutet that, "where pecuniary penalties, or any part thereof, any tare given to the Poor, an inhabitant of place shall be a competent witness to prove any offence, though the place of which he is an in-habitant may be benefitted by the conviction of the offender, if the penalty do not exceed $201." All persons not actually rated, although rateable, are good witnesses on appeals against Poor-rates: The rule respecting the disability of witnesses applying to their actual present interest in the case before the court, not to their possible, or contingent, or future interest.* For any more particular observations on evidence generally, or more minute discrimination respecting persons who, are, or are not, compellable to give their testimony on questions of parochial controversy, the reader must be referred to the previous pages, where the subject of evidence generally, is considered in a more extended form. Judgment. What has gone before, respecting the judgment of the Court, related only to the sentence passed upon offenders. We come now to speak of the Judgment of the Court of Quarter Session on Appeals. The authority of the Court on this subject, it has been seen, arises imme * 4 Term R. 17.-2 East's R. 559. diately out of the Appeal, and has no other foundation; wherefore they can make no original order of removal, bnt are confined to the two alternatives of quashing, or confirming, an order previously made by two Justices; and this rule, is uniform and universal in its application.* to ascertain And whatever judgment the Justices give, must be the act of the Court itself, and not by any delegation of its authority. Even the few instances which may be produced as exceptions to this rule, on examination will be found not to operate as such, but in effect to confirm it. Thus, where the Justices in Session ap- Reference pointed a Committee from their own body to institute an enquiry, and make an examination, relative to the propriety of repairing, or rebuilding, a bridge, which had become a nuisance, the Court of B. R. were clearly of opinion that they were right in so doing, in order to receive their report and information relative to facts; for after all, the judgment was of course the judgment of the Session, however such Session might adopt the opinion of the individual Justices who had made their report.‡ The same may be said respecting the common practice of referring the actual amount of *Burr. S. C. 279.-1 Sess. Ca. 280. +16 Vin. 415. 5 Term R. 279. General re ference by consent. costs incurred, to be ascertained by the Clerk of the Peace; for the award of costs themselves is the judgment of the Court, and the quantum is a mere investigation of items ancillary to that judgment. But the Court cannot award Costs, to be taxed afterward by the Clerk of the Peace, for that would be in truth to delegate their power of final judgment over the amount of the costs to the officer of their Court. So where by consent of Parties the consideration of an appeal against a poor rate be referred to certain Justices out of Session,and the Justices in Session afterward adopt the opinion of the other Justices, and give judg ment accordingly, this is not a delegation of the authority of the Court, but a previous adjustment by consent of the subject, to be determined finally by the Court.† · Discharge of Insolvent Debtors. The DISCHARGE OF INSOLVENT DEBTORS has frequently been the concluding business of the Court of Quarter Session. Sufficiently to epitomise statutes so voluminous, as those which refer to this subject, in order to adapt them to an elementary practical treatise, would be a task nearly as difficult, as it would be *9 East's R. 15.-13 East's R. 57. DISCHARGE OF INSOLVENTS. unprofitable, since the institution of a special tribunal for the cognizance of Insolvent Deb. tors by stat. 53 Geo, 3, c. 102. Suffice it therefore to refer the Reader to other authorities, where all the statutes on the subject are presented in a connected series.* * See Pract. Expos. Title, GAOL, sect. 5. 273 |