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(without typos) from the publisher. 1910. Excerpt: ... mayor,
jurats, and common council. The mayor, jurats, and common council
made a bye-law to restrict the number of electors to the mayor,
jurats, and common council, and such of the common freemen as had
served the office of churchwarden and overseer of the poor; it was
held that the bye-law narrowing the number of electors could not be
supported, because the bye-law restricting the number of electors
was not made by the body who had the right of election, and also
because it excluded such of the commonalty as had not served an
office which had no connection with the corporate character. In Rex
v. Cutbush, Common Councilman of Maidstone (4 Burr. 2205), the
bye-law was made by the mayor, jurats, and common council to confer
the right of election on the mayor, jurats, common council, and
sixty senior freemen. There the bye-law was made by a select body,
and was held bad; because the right of election was in the mayor,
jurats, and commonalty. In The King v. Head and Others, Freemen of
Helston (4 Burr. 2515), it appeared that the burgesses were
incorporated by the name of the mayor and commonalty; and by the
charter four aldermen were created, who with the mayor were to be
the common council, and had a power to make bye-laws. The right of
election was in the mayor and commonalty, together with the
aldermen. The common council made a bye-law with the assent of the
commonalty, that the mayor and aldermen, exclusive of the
commonalty, should elect the burgesses, 804] and it was held bad.
But there an integral part of the electors was excluded, viz., the
commonalty, for the power of election was in the mayor, aldermen,
and commonalty, and, therefore, they could not exclude the
commonalty, who were by this means not represented. It may be
observed, also, that the bye-law was irregular: 1st, ...
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