The Law of Municipal Corporations Together With a Brief Sketch of Their Histor

Cover The Law of Municipal Corporations Together With a Brief Sketch of Their Histor
The Law of Municipal Corporations Together With a Brief Sketch of Their Histor
J W John William Willcock
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1 Ld. Ray. 560. S. C. 2Salk. 432. R. V. Sterling, Say. 175. R. V. Lyme Regis, Doug. 153, 154.
(180) R. V. Liverpool, 2 Bur. 731. R. V. York, 5 T. R. 76.
D D 2 404 MANDAMUS.
may judge of its sufficiency both as to the cause and the form of their proceedings.
Notargu- 181. It must not be arg-umentative, denvino; the facts mentative, i •, . , . , .. "^ &c. Alleged m the writ by implication only ; but must aver the grounds of defence precisely and positively, and not even by way of recital. Therefo
...re it ought to say that A. Was not elected. Sec. And it is insufficient to say *' it does not appear to us that he was ever elected, " or *' we do not know that he was ever elected, " &c. So in showing a custom, it must assert positively that there is such a custom, and not introduce it by way of recital, as by averring that " King James, by his letters patent, reciting that they had a custom to elect any one to be of the common-council, and to remove him ad libitum, confirmed the said liberties, &c.

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