The National Register.
London, England, 1811-12-01 00:00:00

NIANDANIUS

THE KING V. THE MAYOR AND CORPORATION OF PLY-
MOUTH.

Mr. Serjeant Lens moved to make the Rule absolute fora
Mandamus to the Mayor and Corporation of Plymouth, to pro-
ceed to a new election of a Mayor. Tire particulars of this
case we have given in a former Paper.
Tire Attorney General, in showing cause against this Rule, ob-
served, that this Corporation was governed by Act of Parlia-
ment, by which it was provided, that they should proceed to
the election of a Mayor upon a certain specific day; they had
proceeded to that election, and the oerson who was found to
have the majority of votes was returned, but it afterwards
turned out that he was disqualified, not having taken the sacra-
ment within a year previous to such election,. according to the
provisions of the Act ; he therefore contended, that he who
stood next en the poll should be nominated and sworn in, as
they could not now proceed to a new election, the day spe-
cifically named for that purpose being passed. He perfectly
well knew that it had been determined in many cases, when a
disqualified person had been elected, the Court directed they
should proceed to a new election, but all these were cases wherein
the parties might be elected upon a subsequent day. In the
present case, the election must take place on a specific day, or
the Corpora ion was actually dissolved, and he was sure the
Court would not sacrifice the public interest to the interests
of ;hose individuais, who might have informed themselves
better, before they elected a disqualified person, and therefore
upon these grounds, contended that the Rule ought to be dis-
c harge d.
The Court, however, thought the Mandamus should go, as
they would be the better able to judge the merits of the case
upon the return of the Writ, as the Corporation might then r e-
turn facts which were the substratim of the present at-grime:it.
The Rule for a Mandamus was accordingly made absolute.
'l he Attorney-General moved for a Writ of Mandamus to the
Corporation of Scarborough, directing them to restore Mr. John
Fox to the office of one of the Capital Burgesses of that Corpo-
ration. Mr. Fox had been duly elected, and sworn into office ;
and receiving a notice to attend a meeting of the Corporation,
he was indisposed, and unable so to attend, upon o'hich, and
without further notice, or any other provocation, the Corpora-
tion proceeded to disfranchise him.--Rule granted.
In the matter of Emmerson, Bartieman, and Alford, three
impressed men, Mr. Jarvis moved the return of the Writ of
Habeas Corpus in this case. These persons applied to be dis-
charged from on board one of his Majesty's ships of war, upon
the 'grounds of their being engaged in the fishing trade, by
which they are protected from impress under a specific Act of
Parliament.
The Attorney-General, in support of the return, and for the
detention of these persons, stated, that by the Statute of the 36th
of George 111. certain vessels engaged in the fishing trade were
exempt from impress; but the exemption in those cases were
confined to vessels engaged in tire fishing trade alone. fly the
return to the Habeas Corpus it appeared, that Lieutenant Mer-
ryck, of his Majesty's schooner the Pincher, being on a cruise
in the Charred, observed a strange sail, which lie was directed
by the Admiral of the Fleet to bring to and examine. He found
het to be the mach Alexander, on board of which these per-