case the mayor OF exeter against star if the steward of a city neglect to take  the oath appoint by car c debt will lie against he on a buy law impose a fine  on such as shall refuse to take upon they such office debt for a fine a for  refuse to take the oath of office require by the corporation Act car c be  choose to be a officer the bylaw be sixty pound for the refusal of the office  of steward of the city of Exeter the defendant will take the oath of the  office but refuse the corporation oath against the covenant shower KB hold  that he be punishable for so do for it be a refusal of that without which the  office be void and can be hold the same rule in the sheriff of York case in  Trinity term car roll in Lord hale time for refuse the oath of supremacy and  allegiance although the election be void and he be now punishable for hold it  yet it be be that have disable himself but afterward on nil debet there be a  verdict for plaintiff Tremain sergeant in easter term follow take several  exception first they say there be a ancient court hold before the mayor and  bailiff c and they have not aver that before their charter it be their usage  to swear the mayor and bailiff in that court for the charter be a charter of  confirmation and say secundum praiseworthy experience but it be answer that as  to this the court will so intend it now b second that they lie no title to the  fine in the corporation for if the king grant they not the fine but only power  to fine this will not entitle they to the fine but it be answer there be  enough express to show the title to the fine they say that they have power to  convict till he do pay the fine to the use of the corporation which show the  fine be to be to their use though the commitment be illegal the king patent be  never reckon nought for a false suggestion when he part from nothing and  although perhaps it may be so if the king bring a to know facias yet a  defendant in debt on a buy law shall not take advantage thereof in case a man  have a grant of good et catalla felon c upon the consideration of money pay  and the patentee have occasion to bring detinue for such good he need not  allege that he have pay the money into the exchequer judgement for plaintiff