fubfequent to the election, and the party might perhaps refuse to take it (a). It is to be observed, that the court here ́dwell upon the circumftance of the election of the defendant, in this cafe, not being a neceffary act: but it appears from fubfequent cafes, that the circumftance of the act being necessary is not alone fufficient to make it good. IN the King and Hebden (b), the defendant made a title to the office of bailiff of Scarborough, from an election under the bailiffship of Batty and Armstrong, and on issue joined whether these were bailiffs or not, a, record of a judgment of oufter against them was read in evidence ; and on a motion for a new trial, it was held, that it was properly admitted; and the fame evidence was faid to have been lately admitted in a trial at bar, in a case relating to the corporation of Orford. IN the cafe of the King and Grimes, a queftion having been made, whether the special verdict found on the information against John Leigh, for ufurping the office of mayor, and the judgment given thereupon against him, were evidence in the prefent case against Grimes for ufurping the office of capital burgess; and to what degree it ought to be allowed: the court held it to be admiffible, but not conclufive, and, in fact, gave judgment against him, on the ground that Leigh, who had prefided at his election, was not a rightful mayor (c). IN the first of thefe cafes, if not in both, the election was an act neceffary to the prefervation of the corpoporation. (a) Rex v. Lifle. (b) 2 Str. 1109. fully reported. 2 Str. 1090. Ar.dr. 163. Andr. 388, in which latter book the cafe is most (c) 5 Bur. 2601. WHERE WHERE the mayor's prefence is neceffary at a corporate affembly, his departure before a business regularly begun be concluded, will not invalidate that particular bufinefs, but the affembly cannot proceed to any thing else (a). aliter in the case of an chee live Assembly vide 2: Maul & Selvagns Refs. 1st. (a) i Barnard, 385. END OF VOL. I. INDE X. Аввот, How diftinguished from his monks Might fue and be fued alone in right of his houfe PAGE. Intitled to arrears accrued in the time of his predeceffor poffeffions of their refpective houfes What actions he might bring Where his acts bound the convent ABBOT AND CONVENT, 21 ib. 22 77 · 114 117, 185 An aggregate corporation of one perfon capable, and many incapable In what fenfe a corporation by common law by the King's foundation Had, at common law, an unlimited controul over their 21 39, 40 ib. 108 114, 115 Manner of conveyance, how differing from that by dean ACCEPTANCE, Of rent by fucceffor, when it makes a voidable leafe What actions corporations may bring, and what may be 255 brought against them 185-226 AGGREGATE |