case the king against SLATFORD to a mandamus to admit a person townclerk of a  city it be not sufficient to return that he have not take the oath before the  mayor accord to the statute car c for he may have take they before two justice  but to a officer who be bind to take the oath it be no excuse that they be not  tender to he S c salk S c comb S c holt mandamus issue to the mayor and  commonalty of the city of Oxford to admit Slatford to be their townclerk they  return that he have not take the oath accord to the statute car c levinz  sergeant except to this return they have not return that they administer the  oath to he which they shall have do for no man can give himself a oath so that  it be a duty incumbent on this corporation to have tender the oath to all  their officer and all oath must be tender by some person who have lawful  authority to tender they and for aught appear he may desire to take the oath  and they will not give they Harcourt contra this be a officer removable at  pleasure by the mayor and commonalty and if they have a power to remove he and  act in pursuance of that power the court will not grant a mandamus to have he  restore so be side Ventr but with submission there be very little in Mr  sergeant objection for the party be bind at his peril to take these oath and  you may as well say that modern er p upon a return of car it must appear that  the parson tender the sacrament as to say that the corporation be bind to  tender the oath holt chief justice though a man who hold but at will may be  remove without cause yet the corporation here have not declare their will to  remove he which they must do or else we can take notice of it but the word of  the statute be very positive that at the time of the take the oath of his  office he shall take the other oath and subscribe the declaration the case of  the king v Thacker sir t Jones a be plain against you a mandamus issue to the  mayor c of Norwich modern to restore a alderman they return that he be elect  take the oath in the say Act of I will and mary c and of car c and pronounce  the declaration but that he do not subscribe when he take the oath to execute  the say office and counsel except to the return because it do not appear that  he be require to make the subscription or that the declaration be tender to he  to be subscribe and the Act require tender and the proviso refer to it but the  court hold that tender be not necessary and the officer ought to do it at his  peril and the office be void for nonsubscription by the word of the Act and  the say cause be allow by the court indeed if the mayor and commonalty shall  refuse to administer the oath it be a great misdemeanour for which a  information will lie and it be finable and consider whether a action will not  lie against the mayor for not tender these oath for damage in lose the place  by it for they ought to have tender they and the word of the Act be that the  oath shall be administer but however the party must take they at his peril the  word of the statute be strong against he at another day web my first exception  to the return be that they have make it narrow than it ought to have be for  they say that he do not take the oath before the mayor and commonalty but they  do not say that he do not take they before two justice of the peace so that  for aught appear he may have take they before two justice of the peace and  then we have a good title and a return must be certain to every intent for we  have no opportunity as in plead in bar to reply and therefore they need not be  so very certain second exception they do not give we negative word they do not  say that we have get no better title for they only give we a defeasible title  but they ought to have add that we have no other title for perhaps he may have  be choose afterward and may have have another good title shower e contra as to  the first exception we have say that he do not take the oath when he be choose  to this office and that be sufficient for that imply that he do not take they  then before any one beside by the Act he ought to take the oath before the  mayor and commonalty modern as for the second exception we have sufficient  allege his have no title then this writ of mandamus only concern the  possession and do not determine the right therefore the return to it need not  be so very certain then the word of the statute be that they be authorize to  tender the oath but not command to do it holt chief justice the design of this  Act be to secure the government in general and likewise the corporation in  particular therefore at his peril he must take the oath otherwise the  corporation by agreement among themselves not to tender the oath may dispense  with the Act which may prejudice the government then the question be whether  two justice of the peace have power to administer the oath in case of omission  of the mayor and commonalty if so then the return be too short at another day  wright sergeant the great exception be that it be say he ought to take the  oath in person mayor pro tempore existen so that it be whole uncertain whether  it be mean before the mayor at the time of make the letter patent or at the  time of make the statute in king Charles the second time when the statute be  make to regulate corporation or at the time of the late Act Northey though the  statute be misrecited yet it be a public Act your modern er p lordship will  take notice of it as for the exception pro tempore existen so much rely on it  shall be intend before the mayor for the time be at the time of take the oath  it shall be understand eoden tempore when he take the oath holt chief justice  as to the misrecital if there be sufficient recite for the plaintiff case it  well enough so in the case of robbery on the statute of hue and cry though the  plaintiff in recital of this statute omit murder yet the plaintiff will have  judgement afterward in Trinity term follow a peremptory mandamus be grant for  that by the twelve paragraph he may have take the oath before two justice of  the peace if the justice of the peace have power to administer the oath as  well as the mayor and you have return only that he do not take they before the  mayor it be ill and the return be too short