Ambrose MANATONS case mandamus Trem Ambrose Manaton have a mandamus direct to  Charles Luxon mayor of the borough of trevena Beseny in the county of Cornwall  to be swear mayor there accord to a election make of he by the say borough to  which writ the say Charles Luxon return that before the come of the writ and  before the issue out thereof videlicet october car he the say Charles be  remove from the place of mayor and one William any then choose admit and swear  and from that time thus far to be thus far be major castle predicti and by  reason of his say office have the custody of the common seal and thereupon he  the say Charles can not restore he as the writ require and whether this be a  good return be the question and the objection be because it be not return that  the new mayor any be debt is owed modus dainties and it may be that he be  choose out of time and not accord to charter return must be certain and not by  implication because the party out have not liberty to reply to they and of  this opinion be my brother dolben and myself but Scrogs chief justice and  Jones justice contra that when any be return he shall be intend debt is owed  modus dainties and if a action upon the case shall be bring for this false  return and the issue be elect or not if he be not duly elect it Vill go for  the plaintiff in the action as   light fine levy be intend lawful levy  Westminster cap ita quod bishop church To bring together I e legitime To bring  together non prstat hindrance quod de jure non cast or draw lots execution but  I do conceive and be then of opinion that the return be not good because only  by implication as the case of the recorder of Barnstable pasch car b r the  return be non constat we that he be ever elect and adjudge insufficient vide  before and these place do concern the public government and we ought not to  favour false return and if we suspect a return to be false this court can make  a corporation swear the return but by reason the court be divide no writ go