The English Reports (Volume 107). Books Group
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Author: Books Group
Number of Pages: 1014 pages
Published Date: 03 Jan 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
Format: Pdf
ISBN: 9781234984694
File size: 17 Mb
File Name: The.English.Reports.(Volume.107).pdf
Download Link: The English Reports (Volume 107)
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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1910. Excerpt: ... mayor, jurats, and common council. The mayor, jurats, and common council made a bye-law to restrict the number of electors to the mayor, jurats, and common council, and such of the common freemen as had served the office of churchwarden and overseer of the poor; it was held that the bye-law narrowing the number of electors could not be supported, because the bye-law restricting the number of electors was not made by the body who had the right of election, and also because it excluded such of the commonalty as had not served an office which had no connection with the corporate character. In Rex v. Cutbush, Common Councilman of Maidstone (4 Burr. 2205), the bye-law was made by the mayor, jurats, and common council to confer the right of election on the mayor, jurats, common council, and sixty senior freemen. There the bye-law was made by a select body, and was held bad; because the right of election was in the mayor, jurats, and commonalty. In The King v. Head and Others, Freemen of Helston (4 Burr. 2515), it appeared that the burgesses were incorporated by the name of the mayor and commonalty; and by the charter four aldermen were created, who with the mayor were to be the common council, and had a power to make bye-laws. The right of election was in the mayor and commonalty, together with the aldermen. The common council made a bye-law with the assent of the commonalty, that the mayor and aldermen, exclusive of the commonalty, should elect the burgesses, [804] and it was held bad. But there an integral part of the electors was excluded, viz., the commonalty, for the power of election was in the mayor, aldermen, and commonalty, and, therefore, they could not exclude the commonalty, who were by this means not represented. It may be observed, also, that the bye-law was irregular: 1st, ...
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