case the king against the borough OF Abingdon a return to a mandamus direct to  a corporation make by the mayor in the name of the major part of its member  without their consent be a false return for which a information lie against  the mayor S c post S c salk S c salk S c Carth S c holt S c ld ray it be a  return to a mandamus the fill whereof be oppose upon affidavit of several  burgess that it be make by the mayor in the name of the major part of the  corporation without consent of they it be agree that the return ought to have  be by consent of the majority of the corporation for they ought to answer the  writ to who it be direct and it be direct to the whole corporation it ought to  be answer by the whole corporation that be by the majority of they and holt  chief justice say if a writ come to the sheriff and another make a return to  it in his name the sheriff may come and disavow it the same term but not in a  subsequent one dyer so here will be two question in this case first whether we  ought to admit they to disavow this return second in case we do it whether  they ought not to do it in proper person for to examine here upon affidavit  how that fact stand be without example but we will handle that person rough  that shall make a return in the name of the majority without consent for as  they can make a return though they be the majority without the mayor so the  mayor can make a return without the majority of they and the return must come  by the mayor hand into court note by their charter they be empower to proceed  to a election on such a day and by holt chief justice and Turton justice if  they do not choose on that day they can do it the next day for they must  pursue their patent and that give power only for one day and though the mayor  be sick so as he can officiate that day there be no remedy and Turton justice  say that in such a case they be force to petition in the case of the  corporation of Norwich and they say they have know a quo warranto go against a  corporation for choose at another day but wright then king sergeant and since  Lord keeper be strong against this opinion a and at last a modern report  information be file against the mayor for make a false and undue return and  the principal point be not determine a see now by statute Geo c modern report  er p