Cases Argued and Decided in the Supreme Court of Mississippi Volume 38
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1861 edition. Excerpt: ...Besides, the original list returned would be the best evidence, and would have to be produced on the trial of each case. This would be impossible. The legislature, therefore, wisely provided that a. certificate of the auditor should be evidence of the forfeiture and delinquency. It has been questioned by high authority whether the legislature could make this certificate conclusive evidence of forfeiture. This grave question is not involved in the present issue. All that we ask is, that the certificate of the auditor, stating all the facts in reference to the delinquency and forfeiture of the land in dispute, as they appear of record, shall be received as primafacie evidence. Without these facts appearing of record in the auditor's ofiice and the police court, we could not possibly prove that the law had been in all respects complied with. The copies of deeds and wills are mere certificates of the officers of what appears on the record, and these are made evidence of these solemn and important instruments. The power of the legislature to pass such a law is upheld and sustained in the following cases. Pillow v. Roberts, 13 Howard U. S. Reports, 472; Steadman v. Planters' Bank, 2 Eng. Ark. Rep. 424, 428. In Hopkins v. Soudridge, which contains a judicial construction of the act under consideration, it was conceded by counsel that it was competent for the legislature to make the certificate prima facie evidence of delinquency and forfeiture. 2 George, 31 MiSS-573 We do not even ask this much. We only want the certificate admitted as evidence of the facts appearing on its face. Gwynne v. Neiswanger, 18 Ohio R. 400. II. It is insisted that the act of the legislature was unconstitutional and void. It is now too late to question the...
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- 13 Sep 2013
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