The King against The Mayor of Abingdon
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | High Court |
English Reports Citation: 91 E.R. 1273
COURTS OF KING'S BENCH AND COMMON PLEAS
[559] the king against the mayor of abingdon. The return to a mandamus must have the utmost possible certainty. S. C. 12 Mod. 401. Holt, 441. Where the mayor of a corporation is eligible out of two capital burgesses nominated by a part of the corporation, and a mandamus issues to inforce such election, a return stating elections of the nominees to the offices of capital burgesses, and shewing those elections to have been void must add that they were not elected afterwards. S. C. Garth. 499. Holt, 441. An allegation by inference from such statement that they are not capital burgesses is not sufficient. S, C. Holt, 441. An allegation " that they are not capital burgesses " joined to such statement by a conjunction is an allegation by inference from such statement. S. C. Holt, 441. A mandamus may be directed to some only of the integral parts of a corporation by their corporate names. S. C. Salk. 699. Garth. 499. E. Salk. 701, pi. 6. Vide Com. Mandamus, C. 1, 2d ed. vol. 4, p. 211. With an exception of particular individuals. S. C. Salk. 699. Garth. 499. A mandamus to swear in as well as elect an officer is good, though it is uncertain who will be elected. A mandamus was granted, directed Jacobo Courteen majori, ballivis, et omnibus principalibus burgensibus, burgi de Abingdon, praeter Johannem Sellwood et Johannem Spinnage, reciting the letters patent constituting them a corporation, and how by the letters patent the commonalty ought to elect two out of the capital burgesses, to be mayor for the ensuing year; and the mayor, bailiffs, and capital burgesses, ought to elect one of them; and they shew the fact, that John Sellwood and John Spinnage 1274 EASTER TEEM, 12 WILL. 3 1LD.EAYM.560 were capital burgesses, and elected by the commonalty; and therefore it commands thorn, to elect one of them to be mayor; and it commands the mayor to swear him, &c. To which writ of mandamus they return the Act of 13 Car. 2, s. 2, c. 1, by which it is enacted, that if any person, after the expiration of the commission there mentioned, shall be elected into any office in a corporation, who shall not have taken the sacrament according to the rites of the Church of England within one year before such election, the election shall be void; then they say, that within twenty years after the twenty-fifth of March 1663, John Sellwood and John Spiunage were elected...
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