case the case of the town of nottingham April in court Lord keeper to know  facias to repeal a new charter after surrender of the old one return by the  old sheriff if it shall be receive the corporation be divide into party one  party surrender the old charter and take a new one the other party will stand  and fall by their old charter and bring a to know fac to repeal this new  charter upon which the old sheriff return to know to make and the return be  file Vernon chancery case and now it be move by Mr attorneygeneral that this  return may not be receive for that be to admit that the old charter be in be  contrary to the surrender and new charter which be both remain on record in  this court but it be answer that the objection of prejudice be equal on both  side but with this that it be impossible this return shall be make by the new  sheriff for they be defendant and they can return they have serve themselves  and Mr attorney have admit that die old sheriff be the sheriff in possession  by his bring a quo warranto against they and this be pure a question of right  and the return that be to be make be only whether they have notice or not they  can be injure by it if they have not legal notice they may plead it and it  will that way avail they and now they move too late this return be already  regular file in court and to damn it now be to determine the merit of the  cause upon this motion the Lord keeper be of opinion that the court in such a  case as this ought not to interpose but give Mr attorneygeneral a fortnight  time to speak to it but say whereas the king have a quo warranto depend  against they for the pass and present state of the law as to quo warranto  against corporation vide Inst stat William mary cap sess by which among other  thing it be enact that the franchise of the city of London shall never more be  forfeit for any cause whatsoever stat two Geo I cap by which it be provide  that no corporation shall be dissolve for any default to choose a mayor c but  a mandamus shall issue from king b vide also stat Geo cap kyds law of  corporation and see selwyn Ni Pri title quo warranto if the party who be  against the new charter mean to outrun the king action he think that ought not  to be suffer and it be a strange proceed and without precedent that be use in  the duke of Buckingham case videlicet pen the king suit to convict his witness  of conspiracy