case the king against SANCHAR if a alderman omit to take the oath and  subscribe the declaration at the time of his take the oath of office his  election to such office become absolute void although the oath or declaration  be not tender to he SC Jones SC Trem SC Jones mandamus to restore the  defendant to the office of alderman in Norwich the case appear on the return  to be that a alderman be swear true to execute the office and have take the  alderman oath do not take the oath for renunciation of the solemn league and  covenant require by the Act of car saint c c for corporation until sometime  afterward videlicet four year two question be make thereupon first whether the  oath ought to be tender to he Mr holt for the alderman argue that ib ought  otherwise there be no default in the officer and he be a good officer till  refusal of those oath it may be take at another time after the oath for the  execution of the office for the word of the Act be shower KB in default of  such then by two justice of the peace of the town borough c if such be or  otherwise by two justice of the county all which imply that it may be take at  different time second another question be whether it be void or only voidable  Mr holt the statute of fine and that of bishop lease be construe to be only  voidable though the word be void if a officer after election refuse the oath  for due administration c if he will take it before any advantage be take  thereof it be well enough and why shall it not be so in this case too f see  Goodright v wright Peer wms stram Eq Cas Abr Prec in Chan Hodgson v Ambrose  dougl Warner v white bro Charles Rep notorious facts and the case of do on the  demise of turner v kite term Rep shower KB er p Jones attorney general e  contra tender must be construe of the same signification with administer which  be join therewith as exegetical one of another then the clause that come after  it clear all that for default thereof the office shall be void if it be  otherwise it will lie in the breast of the corporation to tender it or not and  the justice can be suppose so easy to know it and there must first be  complaint make the not take it by the party be a refusal in law a breach of  one point of the Act of parliament be a breach of the whole and this will be  to repeal the Act or at least to frustrate its design and as to the other  question the Act do not say that the place shall be void for then perhaps it  ought to be avoid in a judicial way but it be say that the election and choice  shall be void so that there be nothing appear whereby he be bring into the  place if there shall be a tender requisite there be no penalty inflict upon  any for default of tender when the Act say it shall be by he that administer  the oath of office and in default of such by two justice it be to be intend  all at one time Scroggs chief justice this be a Act of parliament for our  safety and therefore to be favour the first point be of great weight and  therefore to be consider but as to the other point he and all the other judge  agree that the office will be void and not only and bare voidable Adjournatur  note here be mention the case rule last Hilary term of every v Norris  videlicet error in a judgement in shower KB debt on a bind the error assign be  upon the car saint c that at the return of the venire the sheriff have not  take the oath and sacrament and resolve that the office shall not be void as  to all the duty which he perform as sheriff for that it will be of ill  consequence if all judgement depend on his process shall be reverse for that  default and it be say that the statute intend only that he shall take they  when tender and he require to do so and that it be the neglect of those who  duty it be to tender and therefore not error assignable and the judgement be  affirm quaere yet as to the tender Adjournatur a a it appear by the plead in  this case under the title of king v thatcher Tremain to that the return be  that the defendant be duly choose a alderman of the city of Norwich on the  that December car that he then take the oath of office and the three oath  appoint by car saint c and recite and pronounce the declaration mention in the  say statute concern the solemn league and covenant but do not then subscribe  the say declaration but that it be first offer to he to subscribe on the that  march car he then subscribe it and that because he do not subscribe it when he  be swear into office they choose another alderman c sir Thomas Jones report  Jones that this cause of removal be allow by the court and by king v Slatford  Mod a tender of the oath be not necessary the officer omit to take they at his  peril and by the word of the statute the office be void by the nonsubscription  of the declaration at the time he take the oath but by salk a return set forth  that the party do not take the oath before the mayor must add that he do not  take they before two justice of the peace c hawk p c ch S comb holt but now by  Geo c all person require to take the say oath or subscribe the say declaration  shall be confirm in their respective office and be free from all incapacity  and penalty and none of their act be question notwithstanding their omission  to take the oath or subscribe the declaration c nor shall they be remove by  the corporation or otherwise prosecute for have omit to take the sacrament  within one year next before their election unless such removal or prosecution  be commence within six month after the election and therefore if neither  removal or prosecution take place within the time limit the election become  absolute and unavoidable Crawford v Powell burr SC Bl Rep see also king v  Monday Cowp the statute car c the Geo saint c the Geo c S and Geo c S shower  KB er p