The Law of Municipal Corporations: Together with a Brief Sketch of Their History, and a Treatise on Mandamus and Quo Warranto

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W. Benning, 1827 - Mandamus - 555 pages

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Page 283 - acts and every of them, and all elections of and acts done or to be done by any such person, or by authority derived from him, are and shall be of the same force and validity as the same or any of them would have been if such person had taken the said oaths and
Page 467 - who shall be mentioned in such information or informations to be the relator or relators against such person or persons so usurping, intruding into, or unlawfully holding and executing any of the said offices or franchises — and to proceed therein in such manner as is usual in cases of information in the nature of quo
Page 505 - for the said Courts respectively, as well to give judgment of ouster against such person or persons of and from any of the said offices or franchises, as to fine such person or persons respectively, for his or their usurping, intruding into or unlawfully holding and executing any of the said offices or franchises.
Page 432 - return shall reply, take issue or demur, and such further proceedings, and in such manner, shall be had therein for the determination thereof, as might have been had if the person or persons suing such writ had brought his or their action on the case for a false return,
Page 279 - nor shall any incapacity, disability, forfeiture or penalty be incurred by reason of the same, unless such person be so removed, or such prosecution be commenced within six months after such person's being placed or elected into his respective office as aforesaid, and that in case of a prosecution, the same be carried on without wilful delay.
Page 283 - indemnified, freed and discharged from and against all penalties, forfeitures, incapacities and disabilities incurred or to be incurred for or by reason of any neglect or omission previous to the passing of this act of taking
Page 195 - that shall not have within one year next, before such election or choice taken the Sacrament of the Lord's Supper, according to the rites of the church
Page 283 - of the said acts and every or any of them ; and the qualification of such person qualifying himself in manner and within the time appointed by this act, shall be to all intents and purposes as effectual as if
Page 516 - of them, he or they shall be entitled to judgment, and to such and the like costs as he or they would by law have been entitled to, if a verdict and judgment had been given for him or them upon the merits of his or their title.
Page 344 - sheriff, town clerk or other officer shall for every such offence forfeit and pay the sum of 100/. together with full costs of suit to him her or them who shall inform and sue for the same within one year after such offence committed, by action of debt, bill, plaint or information,

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