burrow master c OF the vintner company versus PASSEY a company right to have a  livery must be find on charter or custom and can be presume see bosan this be  a action of debt bring upon a bylaw of this company b the declaration after a  proper introduction set forth the bylaw which be make on the that April  entitle a ordinance of election of man into the livery of the corporation or  mystery of vintner of the city of London whereby it a that be b when he come  of age take the whole by implication the doubt must have arise on this that it  be give to b only until he shall come of age without add as it ought these or  the like word videlicet and if b shall live to he age of twentyone year then  to he the omission of these or the like word be supply by the court in order  to support what the court think must have be the imply intention of the  testator b a bylaw that every member of a corporation choose into a particular  corporate office mention in the bylaw shall accept it under a penalty be good  though there be no exception of unfit person for if such a one be choose he  may give his excuse in nil debet plead to debt on the bylaw the above be all  that be determine in this case and it be nothing new burrow er p be ordain and  establish that the master and warden of the corporation or mystery of the  vintner of the city of London for the time be shall have a decent livery  comely for themselves and meet to attend upon the lord mayor and his brother  the alderman of the say city from time to time and at all time as need shall  require and upon the say master and warden at all such time or time thereafter  and in such gown and livery as they shall be lawful warn and summon to come  and be in upon any necessary occasion concern the credit and worship of the  say company and also that once in every year or often if occasion shall serve  the say master warden and assistant orthe major part of they which shall be  then present at a court of assistant for the time be to be hold for the say  mystery shall and may elect and choose into the livery or cloth of the say  corporation or mystery such and so many of the yeomanry of the say mystery as  shall seem most meet and convenient unto they and that every such person of  the say yeomanry so choose into the say livery as aforesaid shall at or before  his admission into the say livery pay to the say master warden and freeman and  commonalty of the mystery of vintner of the city of London to their use the  sum of S d of lawful money of England and then and there at the same assembly  the say master c do make another bylaw that every person and person of the say  corporation which at any time thereafter shall be by the say master warden c  for the time be at any court c elect or choose into the livery of the say  mystery and shall not upon notice give to he or they in that behalf by the  clerk or beadle accept of the same or upon acceptance thereof shall before his  admission into the say livery refuse to pay to the say master c the sum of S d  that then every particular so refuse to accept c or to pay as aforesaid shall  forfeit c to the say master c the sum of to be recover by action of debt bill  plaint or information to be bring in any court of record within the  commonwealth of England by the say master c burrow then the declaration aver  both the say bylaw to be reasonable c and also that at the time of the make  they and ever since all the freeman of the say mystery before their admission  to the livery be know by the name of the yeomanry and that the defendant be a  fit and able and proper person to be elect into the livery and cloth of the  say company then it set forth his election upon the livery and that he refuse  c to this declaration the first plea be nil debet and there be also by leave a  d plea that there be twelve great liverycompanies in London and other inferior  company and that a order be make at a court hold before the lord mayor and  alderman c on c at c at which court it be enact c and that no person shall  take upon himself the livery of any company be one of the say twelve company c  unless he shall have a estate of e and the plea aver that this be one of the  twelve company and that he have not a estate of c and therefore he say that he  be not duly elect upon the say livery of this company of vintner the plaintiff  demurrer to this d plea and the defendant join in demurrer Mr William pro quer  make three objection to the plea saint objection that it be not set out by  what authority the court which make this order be hold clift d objection the  court be uncertain for many court be hold before the mayor and alderman and  non constat which of they this be dly non constat what authority the court of  the Lord mayor and alderman have to make this order Mr sergeant Martin pro def  say it be not know at the time of the plea nor can now be know what authority  the court of Lord mayor and alderman have to make this order therefore he give  up the plea burrow but he object to the declaration in two respect saint the  bylaw be bad d the defendant be not duly summon to attend at the court of  assistant to take upon he the livery FirstThe bylaw be arbitrary illegal  oppressive and not warrant by custom or charter burrow er p they be that the  company may elect such of the yeomanry of their member as shall seem most meet  and convenient to they upon the livery of their company and that every person  so elect who shall refuse c shall forfeit c and every person so elect shall  accept the same and shall upon or before admission pay S d for a admission fee  on forfeiture of which penalty of be make Payable absolute and in all event  now the liveryman ought to be person of substance capable of be at the expense  of serve or pay the fine and the averment that he be a fit and able and proper  person go only to the just execution of the bylaw but will not make the bylaw  itself good which be in itself void lev mayor c of Oxfordv wildgoose in point  as to this the right to have a livery must be find either on charter or custom  pasch g Innholders company v gledhill b r be so determine and that the court  can presume it and the want of show this be hold to be such a fault in the  declaration as may be take advantage of upon general demurrer in lily entry  there be a precedent of such a plead upon such a bylaw on that July the mayor  and alderman make a order set forth in the plead which show the opinion of  that court upon this head of sufficiency of the person elect in raym taverner  case c which he cite for the sake of the return this very company make it part  of their return to the mandamus that every liveryman burrow of this very  company be use and ought to be de good position et nature c but n b the fine  of S d be there allow to be good Comberb the case of the stationer company v  Salisbury which be cite as to the first objection of it and apply to the first  objection here also the d exception there answer as the sergeant observe to  the d objection here but that case be not determine d objection to the  declarationnon constat that he be summon to attend at the court of assistant  to take upon he the livery the declaration show that the master and one warden  may appoint a court whenever they please so that the time of hold this court  be uncertain and they only show that he be summon to attend at the next court  general without specify when it be to be hold Mr William in reply saint these  bylaw be now of above year stand and they have be hold good notwithstanding  all objection vide raym taverner case where the return of they be allow and  they ought to receive a favourable construction if they choose a person unfit  it may be take advantage of in plead or upon evidence city of London v  Vanacker Carthew a power to elect such person as shall seem to they to be fit  and able give they a discretion   a rook case this be a discretionary power  and be confine to such as be fit and able though it must be legal execute it  be object also that the penalty of be make Payable absolute whereas it ought  to be unless he have a reasonable excuse but this be imply and if he have a  reasonable excuse he may plead nil debet Carthew city of London v Vanacker in  point Lutw bylaw of the city of Canterbury where non debet be plead V foe  burrow in answer to the d objection as to the time of hold the court the  objection be only to the form of the declaration but it be aver that notice be  duly give he of his election and that notice be duly give he to attend at the  next court of assistant beside he as a member of the company be oblige to take  notice of the time of hold their court as to lev the bylaw there do not even  confine it to the inhabitant of the city but this be confine to the member of  the company still this be no answer to the material objection burrow er p as  to Comberb it be not determine No more it be Lord Mansfield the plea be admit  to be bad the objection be to the bylaw which have be of year stand and  several time judicial before the court and yet this objection have never be  hit upon however one answer strike I which be that nil debet may be plead if  the party be real unfit Carthew Vanackers case and Lutw major oh de Cambridge  v Herringare proof of this by the former it appear that it may be give in  evidence upon nil debet plead and in the latter it be actual plead and issue  take upon it and this equal hold as to any reasonable excuse and we will not  intend he to have be a improper person be a liveryman of the company he ought  to know when the next court be and therefore this objection have not much  weight Mr just denison the bylaw give power to elect such and so many out of  the yeomanry upon the livery as shall seem to they most meet and convenient  the main design seem to relate to the number as to the abilitybylaws ought to  have a reasonable construction we ought not to construe they so strict as to  take they to be void if every particular reason of make they do not appear  burrow now here it be object that the person elect may be a beggar but we can  never intend that they will choose person not meet and convenient and if this  be do cc nil debet will bring that question before the court and you can upon  this record take in the order of the court of Lord mayor and alderman because  that plea be give up and the notice shall be intend to be regular this be a  ancient bylaw and nothing unreasonable appear upon the face of it per cur  videlicet Lord Mansfield and Mr justice denison the other two judge be absent  judgement for the plaintiff