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![handle is hein.slavery/ssactsengr0951 and id is 1 raw text is: 644 MICHAELMAS TERM, 8 WILL. 3. IN B. R. 5 MOD. 260.
not appear what interest those persons had in their offices, or that they were removed
by him against their consent, for it may be that they surrendered willingly.
Fourthly, they return, that an order was made to disfranchise him, and that by
virtue of that order he was made incapable of acting as a member of the corporation.
This is also insufficient, because they cannot remove any one by virtue of an order
it must be by a corporate act under the common seal.
Fifthly, as to his receiving money due to the corporation, and converting it to his
own use, without giving any account thereof, they do not say, that they required him
to give an account, and that he refused.
Sixthly, as to his striking out an election of a member in the ledger-book, and
signing another entry instead of that struck out, this does not appear to be any crime
in him, for they do not say, that such was an undue entry ; he might strike it out
with an intent to write another who was lawfully chosen. It is not objected against
him as an abuse, or falsity.
For which reasons a peremptory mandamus was prayed.
It was argued on the other side, and the Court inclined, that there need not be any
summons to answer particular matters; neither does Baggs's case say that the party
should be summoned: it is sufficient if he has been- heard, which may be done, and
was in this case without any summons, and if heard, the Court will intend that it was
in his defence ; so that there is no need of a summons at all, because the intent of it is
answered.
But this was not the grounds of the peremptory mandamus, which was granted for
the other reasons above-mentioned.
[260] PLEAS BEFORE THE LORD THE KING AT WESTMINSTER, OF THE TERM OF
SAINT HILARY, IN THE SIXTH YEAR OF THE REIGN OF THE LORD WILLIAM
THE THIRD, KING OF ENGLAND, &C. ROLL. 729.
CASE 127. LEIGH against BRACE.
Count in ejectment.-S. C. 3 Ld. Ray. 99.
Worcestershire, to wit.-Be it remembered, that on Wednesday next after eight days
of Saint Hilary, in this same term, before the lord the King at Westminster, came
George Leigh by Thomas Callow his attorney, and brought here into the Court of the
said lord the King then there his certain bill against Samuel Brace, in custody of the
marshal, &c. of a plea of trespass and ejectment ; and there are pledges of prosecuting,
to wit, John Doe and Richard Roe; which said bill follows in these words, to wit:
Worcestershire, to wit, George Leigh complains of Samuel Brace, in custody of the
marshal of the Marshalsea of the lord the King, being before the King himself, for
that, to wit, that whereas one John Cooks, on the first day of October, in the 6th
year of the reign of the Lord William the now King and Lady Mary, late Queen
of England. &c. at the parish of Bromsgrove, in the county aforesaid, demised,
granted, and to farm let to the aforesaid George, one messuage, thirty acres of land,
ten acres of meadow, and twenty acres of pasture, with the appurtenances, situate,
lying and being in the parish of Bromsgrove aforesaid, in the county aforesaid, to
have and to hold the tenements aforesaid, with the appurtenances, to him the said
George and his assigns, from the Feast day of Saint Michael the Archangel, then last
past, unto the full end and term of seven years from thence next following, and
fully to be complete and ended; by virtue of which said demise, the said George
entered into the tenements aforesaid, with the appurtenances, and was possessed
thereof until the aforesaid Samuel afterwards, to wit, on the same first day of
October, in the sixth year abovesaid, with force and arms, into the tenements
aforesaid, with the appurtenances, in and upon the possession of him the said George,
entered thereupon, and him the said George, from his farm aforesaid, his said term
thereof not being ended, ejected, expelled, and removed, and him the said George,
from his possession aforesaid thereof, kept out, and yet keeps out, and other wrongs
to the said George then and there did, against the peace of the said lord the now](ViewImageLocal?handle=hein.slavery/ssactsengr0951&div=1&collection=&method=preview&ext=.png&size=3)