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The King and Verier against The Corporation of Sandwich

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1685
Date01 January 1685
CourtCourt of the King's Bench

English Reports Citation: 84 E.R. 58

COURTS OF KINGS BENCH

The King and Verier against The Corporation of Sandwich

13. the kino and verier against the corporation of sandwich. Officer. Siderf. 305, pi. 13. Lessee may be bailiff of a manor, Noy 12, pi. 45-Presentment of lessee is extingment, &c. Owen 142. Officer, Br. 47. Parliament, Br. 7. Latch. 123. Audlie's cane. On a mandamus to restore the plaintiff to the town-clerk's place, they return that they are one of the five ports, and have a Court of Record, and a clerk, and that was the plaintiff, and that he was elected one of the jurals and mayor of the town, and for that cause they turned him out as incompatible; which by Symson is not so, because he is ouely ministerial and not judicial, & 1 Cr. 138, pi. Crane against Holland is a judgment in this point, and like this is 2 Cr. 84, & 177, Gibs against Sewrle; also thera is no town-clerk but is a freeman. Wild the King's Serjeant conceived no restitution ought to be, the officer being incompatible; it appearing by the retorn, he is a servant attending on the mayor and jurals, and like officer; Br. 29, where a guardian of a forest is made justice, it's a surrender, for he cannot judge of his own forfeiture, nor punish his own lachea; and the reason of Crook, [93] that one may be steward and bailiff is because the suitors are Judges 4 Inst. 310, doth imply, that if the steward were Judge, he could not then be bailiff; also, no more than in the same diocese, a person can be bishop, or Judge of C. B. hold that and a Judges place here; also he might have refused the office, and if he had been...

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