The King against The Mayor and Aldermen of the City of London
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1829 |
| Date | 01 January 1829 |
| Court | Court of the King's Bench |
English Reports Citation: 109 E.R. 1
IN THE COURT OF KING'S BENCH
S. C. 4 Man. & Ry. 36.
REPORTS of CASES ARGUED and DETERMINED in the COURT of KING'S BENCH. By RICHARD VAUGHAN BA RNEWALL, of Lincoln's Inn, and CRESSWELL CRESSWELL, of the Inner Temple, Esqrs. Barristers at Law. Vol. IX. Containing the Cases of Hilary, Easter, and Trinity Terms, in the 9th and 10th Years of GEORGE TV. 1829. Da CASES ARGUED AND DETERMINED IN THE COURT OF KING'S BENCH, IN HILARY TERM, IN THE NINTH AND TENTH YEARS OF THE REIGN OF GEORGE 1V. THE KING against THE MAYOR AND ALDERMEN OF THE CITY OF LONDON. 1829. To a mandamus to the Lord Mayor and Aldermen of London to admit and swear in A. B. to the office of alderman, they returned certain proceedings towards an election at a wardmote court, When A. B. was declared to be elected, and a return thereof made to the Court of Lord Mayor and Aldermen, and that that Court has had from time immemorial cognizance and jurisdiction to enquire into and adjudicate upon all elections at wardmote courts to city offices, upon the petition of any party interested ; that petitions, by several parties interested, were presented against the return of A. B.; that the merits were enquired into, and the election declared null and void by the said Court of Lord. Mayor and Aldermen ; and that A. B. was not duly elected, wherefore, &c. Traverse of the allegation, that A. B. was not duly elected. At the trial of the issue, it appeared, that at first, the lord mayor appointed three clerks to take the poll ; but on the second day, he dismissed two of them. After the number of votes was declared, a scrutiny was demanded, and granted, and then the lord mayor dismissed the suitors at the wardmote, "to meet again upon a fresh, summons." After this the lord mayor went out of office, and his successor issued a fresh summons for holding a wardmote, and there took the scrutiny, and declared A. B. duly elected, which was returned to the Court of Lord Mayor and Aldermen ; who, upon petitions being presented, declared the election void, as stated in the return. Upon a special case, stating these .facts ; it was held, first, that the return was good in form ; secondly, that the custom set out for the lord mayor and aldermen to enquire into and adjudicate, upon elections, did not oust the jurisdiction of this Court ; thirdly, that the election was not invalid on account of the dismissal of two of the poll-clerks, or the change of the, presiding officer ; lastly, that the wardmote court was not dissolved, but only adjourned, by the dismissal of the suitors to meet again on a fresh summons. [S. C. 4 Man. & By. 36.] Mandamus to the defendants to admit and swear Henry Winchester into the place and office of alderman of the ward of Vintry, in the City of London. (2] The Mayor and Aldermen of the City ,of London returned the writ as follows ; (that is to K. B. xxxvin.-1 2 THE KING V. THE MAYOR OF LONDON 913.&C.3. say,) the execution of this writ appears in the schedule annexed. The answer of the mayor and aldermen within mentioned. A. Brown, Mayor. R. C. Glynn, &c. We, the Mayor and Aldermen of the City of London, mentioned in the writ hereto annexed, whose names are hereunto subscribed, do humbly certify and return to our Sovereign Lord the King, in the Court of our said lord the King, before the King himself at Westminster, at the time in the said writ, mentioned, that the City of London is, and from time whereof the memory of man is not to the contrary, bath been an ancient city, and that the citizens end freemen of the said city during all that time have been a body corporate and politic in deed, fact, and name, by divers names of incorporation, and that they are now a body politic and corporate by the name of the " Mayor and Commonalty and Citizens of the City of London ;" and that within the said city from time whereof the 'memory of man is not to the contary there of right have been, and still are divers wards, and amongst others the said ward of Vintry i-n the said writ mentioned, and divers citizens and freemen of 'the said city, who have been and have been called aldermen of the said city ; and that the office of an alderman of the said city for and during all the time aforesaid bath been and still is a public office, and an office of great trust and pre-eminence within the said city, touching the rule and government thereof; and we, the- mayor and aldermen do further humbly certify and return, that from time whereof, &c. there of right bath been, and still of right might to be within the said city, a certain Court of Record called the Court of Mayor and Aldermen of the said City of London, [3] holden in the Guildhall of and within the said city according to the custom of the said city, before the mayor of the said city for the time being, or his locum tenens, and the aldermen thereof, or at least twelve others of the said aldermen, at such times as bath seemed meet and necessary to the mayor of the said city for the time being, upon due notice previously given thereof, according to the custom of the said city, for (amongst other things) the consulting about and transacting lawful and necessary affairs concerning the good government of the said city. And we, the said mayor and aldermen, do further humbly certify and return that from time whereof, &c. certain assemblies or .courts, called wardmote courts, 'have been of right holden from -time to time on divers days in each of -the said wards within the said city respectively, for (amongst other things) the election of divers persons into divers offices and places in the said city, by virtue of precepts issued for such elections respectively ; to which respective precepts returns during all that time have been made, and of right ought to have been made, and still of right ought to be made into the said Court of Mayor and Aldermen, and that the said Court of Mayor and Aldermen holden as aforesaid according to the custom of the said city from time whereof, &c. bath had, and of right ought to have had, and still of right ought to have the cognizance, jurisdiction, and authority of examining, hearing, determining, and adjudging of and concerning the election and return of every person elected into any place or office within the said city, at any such wardmote court holden as aforesaid, whensoever the merits of any such election or return have been brought into question by the petition of any person interested therein, to the said Court of Mayor [4] and Aldermen holden as aforesaid. And we, the said mayor and aldermen, do further certify and return that from time whereof, &e. there bath been, and still of right ought to be within the said city a certain court or assembly called the Court of Common Council, holden before the mayor or his locum tenens, and the aldermen of the said city for the time being, and -the commons of the said city, or the major part of them, duly elected and chosen according to the custom of the said city in that behalf, being assembled together upon- reasonable summons thereof previously given according to the custom of the said city ; which said commons of the said city so elected -as aforesaid, together with the mayor, or his locum tenens, and aldermen aforesaid, during all the time aforesaid, have been the common council of the said eity, to consult of and upon all matters and things proposed in common council concerning the -said city, and to give and declare their assent and dissent as well for themselves as for the rest of the commonalty and citizens of the said city ; and that the said mayor or his locum tenens, aldermen, and commons, or the major part of them, so assembled in common council, during all the time . aforesaid have been used and accustomed, and have had and still have a right to make, con- stitute, and appoint such reasonable ordinances, acts, and bye-laws as to them seemed meet and convenient .for the better government, order, and regulation of the said city. And we the said mayor and aldermen do further humbly certify and return that from time whereof, &c. until the -making and passing of a certain bye-law or act of common council, duly made at a 'Court of Common Council duly hold-en in the said city, according to the custom of the said city, on the [5] let day of August, in the twenty-first year of the reign of King Richard the Second, touching the election of aldermen for the said city, whereby it was ordained that, for the future, in the elections of aldermen, two, at least, honest and discreet men should be chosen and presented to the mayor and aldermen, so that either of them whom they should choose might be admitted and sworn ; and also after the making and passing of a certain other bye-law or act of common council, duly made at a Court of Common Council, duly holden in the said city. aforesaid, according to the custom of the said city, on the 15th 'day of April, in the thirteenth year of the reign of Her late Majesty Queen Anne, touching the election of aldermen of th,e-said city; intituled An Act for Reviving the Ancient Manner of Electing Aldermen," whereby, after reciting (amongst other things) that by the ancient usage and custom of the City of. London, when any ward of the said city became vacant and destitute of an alderman, the inilabitants of that ward having a right to vote in such elections were wont to choose lone person only, being a citizen and freeman of the said city, to be alderman of the same ward, for reviving the said ancient custom and restoring to the said inhabitants their ancient rights and privileges of choosing one person only to be their alderman, it was enacted, " That from thenceforth, in all elections of aldermen of the said city, at a wardmote to be holden for that purpose, there should be elected, according to the said ancient custom, only one able and sufficient citizen anddreeman of the said city, not being an alderman, to be...
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