An Abridgment of the Law of Nisi Prius, Volume 2

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General Books LLC, 2010 - 730 pages
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845 Excerpt: ... had returned and brought in the writ, it was (/) Bull. N. P. 201. (z) Surgeons' Comp., Salk. 374; R. v. ( ) R. v. Overseers of St. Chad's, Salop, Mayor of Nottingham, H. 25 Geo. II., H. 8 Geo. II., MS. Bull. N. P. 201, S. C. Bull. N. P. 203, S. P. (x) Carth. 172. (a) R.v. Mayor of Abingdon, Salk. 431; (y) Per Holt, C. J., Lord Raym. 564. Carth. 499, fir. C. (9) An objection may be taken to the writ, on showing cause against the attachment. jR. v.Ledgard, 1 Q. B. 616. not fit that the court should examine upon affidavits, whether the majority consented. But if the mayor had made any return, contrary to the votes of the majority, it was at his peril, and the way to punish him was by information. Note. Where several join in an application for a mandamus, they may all join in the action for a false return (6). And if in such action or information the return be falsified, the court will grant a peremptory mandamus; however, it cannot be moved for until four days after the return of the postea, because the defendants have that time to move in arrest of judgment (c): and the court will not award a peremptory mandamus until the proceedings on the original mandamus are complete (d). In an action for a false return (e), the plaintiff set out, that he was chosen upon the 1st of October, according to the custom. Upon evidence, it appeared that the custom was to choose on the 29th of September, and that the plaintiff was then chosen; and this was holden sufficient to support the declaration, for the day in the declaration is but form. If the mayor of a corporation procure a false return to be made, it will be sufficient evidence against him, that the mandamus was delivered to him, and that the mandamus has such a return made; and that will be presumptive against h...

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