A Report of the Case of the King V. Westwood: With a ... Digest of the Authorities on the Points of Corporation Law ... Discussed ...

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John Rumsey
Stevens, 1830 - 220 Seiten
The claim of Thomas Westwood to be a burgess of the borough of Chepping Wycombe, tried in the court of King's bench.
 

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Seite 15 - There is a vast deal of difference between a new charter granted to a new corporation, (who must take it as it is given,) and a new charter given to a corporation already in being, and acting either under a former charter or under prescriptive usage. The latter, a corporation already existing, are not obliged to accept the new charter in...
Seite 7 - ... for the good rule and government of the burgesses, artificers and inhabitants of the borough aforesaid, for the time being ; and for declaring in what manner and order the aforesaid mayor, aldermen...
Seite 171 - ... and choose such person or persons to be a burgess or burgesses of the same borough as to them the said mayor and common council of the said borough for the time being, or the major part of them so assembled as aforesaid should seem meet...
Seite 196 - a corporation has an implied power to make bye-laws, but where the charter gives the company a power to make bye-laws, they can only make them in such cases as they are enabled to do by the charter, for such power given by the charter implies a negative that they shall not make bye-laws in any other cases.
Seite 210 - Lord TENTERDEN CJ My Lords, there is a case which stands for your Lordships' judgment, of The King v. Westwood, which was brought up to this House by writ of error from the judgment of the Court of King's Bench. The record is of this nature : it is a proceeding by information in the nature of a writ of quo warranto, calling on the defendant to shew by what authority he claims to be a burgess of the borough of Chepping Wycombc.
Seite 210 - Derby aforesaid and their successors that the aldermen and brethren of the borough aforesaid for the time being or the major part of them from time to time for ever may and shall have power and authority yearly and every year on the day of the feast of St.
Seite 212 - ... an acceptance of the whole? Upon that point there never h.as been any difference of opinion among the learned Judges. There are indeed to be found some expressions of Judges in former times importing that a corporation might accept part of a charter and reject the remainder; but of late times all...
Seite 169 - ... the case of The Corporation of Colchester, 3d Bulstrode, 71, which was decided in the 13th of James the First, which has been already so often stated that I shall not repeat it. So in The King v. Spencer, in 3d Burr. 1827, by the charter of Maidstone the power of electing the common councilmen was in the mayor, jurats, and common council. The mayor, jurats, and common council made a bye-law, restricting the power given by the charter to the mayor, jurats, and commonalty to elect a common councilman...
Seite 147 - Bye.law, by their own agreement, and by the common consent of all, to have their elections made by a fewer number ; but not otherwise. But if by their charter they are to be elected by them all, then that is not to be altered, but by and with the general assent of the whole town, and so by that means to take away confusion...
Seite 118 - ... seem to be good, wholesome, useful, honest and necessary, according to their sound discretions, for the good rule and government of the burgesses, artificers and inhabitants of the borough aforesaid, for the time being...

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