case IPSLEY against turk on a judgement in a inferior court when a mayor be  the judge it may either be plead in abatement in the court below or assign for  error in the court above that the mayor have not receive the sacrament  pursuant to car c I for that statute have make his election void the proceed  be in person non judge S C Jones S C lev S C salk S C keb Writ of error upon a  judgement in a inferior court the error assign be abat the mayor who be judge  of the court do not receive the sacrament at any parish modern church a as  direct by car saint c S but see Geo c black Rep burr Rep Cowp hawk p c a nor  file any certificate b as direct by car c b so that modern er p he be not  mayor and judgement be give against the defendant before he it be therefore in  person non judge like the case of halca v Nichols c roll Abr c where upon a  writ of error bring upon a judgement in a inferior court the error assign be  that the style of the court be curian tent in person I S seneschallo who be  not steward and that be hold to be a error in fact but on the other side it be  insist that this be not error because the act of the mayor shall not be void  as to stranger the statute of car c for prevent of danger which may happen  from Popish recusant disable the party who be not qualify accord to the Act to  hold a office and if he execute the same afterward upon complaint make and  conviction he shall forfeit five hundred pound so that as to himself whatever  he do in his office be void but it be never the intent of the Act to work a  mischief or wrong to stranger for the law favour what be do by one in repute  authority as if a bishop be create who upon a presentation make admit a parson  to a benefice or collate by lapse the former bishop not be deprive or remove  such act be good and not to be avoid cro Elizabeth but admit it to be a error  it can now be assign for such because the party in plead have allow the  proceed to be good upon record and there be judgement against the defendant  but if he have be take upon that judgement he may have bring a action of false  imprisonment cro James cro Elizabeth wile justice you shall not assign that  for error which you may have plead especial have admit it by plead and one  musgrave case be cite which be that there be a Act of parliament which lie a  tax upon all law proceed and make they void if the king duty be not pay and it  be adjudge that if the duty be not pay but admit in plead you shall not  afterward allege what before be admit videlicet that the duty be not pay upon  a writ of error in parliament it can be assign for error that the chief  justice of the king bench have not take this oath the same may be also of a  writ of error in the exchequer Chamber for a error in fact can be there assign  but at last the judgement be reverse a the other judge be of opinion first  that by not take the oath the office and all act do by colour of the office be  void by the car c second that the error be well assign for although it can be  allege that he be not judge yet it may be allege that he be not mayor for that  without admit such a allegation the statute will be useless see S C t Jones  and on the authority of this determination the same point be adjudge in Hilary  term car t Jones but it be say by Mr sergeant Hawkins that although the car c  make the election void and the car c disable the party to have occupy or enjoy  their office yet it have be strong hold that the act of one under such a  disability be instate in such a office and execute the same without any  objection to his authority may be valid as to stranger hawk p c ch S and now  by the statute Geo c all person in the actual possession of any office that be  require by the above Act to take the sacrament c shall be confirm in their  respective office and none of their act be question notwithstanding their  emission to take the sacrament as aforesaid nor shall they be remove by the  corporation or otherwise prosecute for or by reason of such ommision unless  such person be so remove or such prosecution commence within six month after  the election see also the case of Crawford v Powell burr and king v Monday  Cowp a modern er p hilary term the twentyeighth and twentyninth of Charles the  second in the common plea sir Francis north Knt chief justice sir Hugh Wyndham  Knt sir Robert Atkins Knt sir William Scroggs Knt justice sir William Jones  Knt attorneygeneral sir Francis winnington Knt solicitor general