case the king vers osborn a information shall go against the mayor where  person entitle to their freedom and demand admittance be refuse a information  in the nature of a quo warranto be pray against the defendant who claim to be  mayor of the borough and port of hythe in the county of ken and upon the  affidavit the case appear to be this the usual day for the election of a mayor  of this borough and port be the and of February and upon the and of February  last a court be assemble by Stokes the late mayor for that purpose at the  first meeting the order of the last court be read by which it be order that  one lake shall be admit to his freedom of the say borough pay S for his fine  and lake be then present pay the S and be admit a freeman of the say borough  the right to the freedom of the say borough be either by birth service  marriage or redemption videlicet the son of a freeman bear since the admission  of his father within the borough and be of full age and be inhabitant and  resiant within the borough have a right to the freedom so whoever marry the  daughter of a freeman bear within the borough since the admission of her  father to his freedom be of full age and inhabitant and resiant within the  borough so whoever have serve a apprenticeship to a freeman and whoever have  be allow by the corporation to be admit to their freedom upon a fine these be  the title to the freedom of the borough after the order comens read and lake  admit to his freedom accord to the custom Stokes lie down his staff and then a  horn be find to summons the freeman to the election of a new mayor upon which  all who be before admit to their freedom come and six other who be not admit  but who claim title to be admit either by birth or marriage come and pray to  be admit upon which Stokes inform they that they come irregular and that there  shall be no admission that day upon which they declare their vote for one  Austin and then depart the other proceed to a election and upon the poll  Osborn have vote and comens er p Austin so that Osborn have the majority of  vote admit to their freedom and Austin the majority if the vote of those six  who demand their freedom and be refuse be good and upon the opinion of Parker  c j powis and Pratt a information be direct against Osborn for that if the six  be entitle to their freedom and demand and be refuse all that can be do on  their part be perform and they ought not to be deprive of their vote by the  tort of the mayor who will not admit they but I Eyre e contra for by such a  construction all mandamuss for their admission will be superfluous and though  they have by birth or marriage a qualification to be admit to their freedom  yet no right to it be vest in they till their admission and till they have  perform all that a freeman ought to perform to complete his freedom and  therefore it be not like the case of a he may also make lease more pl Com dig  and the lessee may maintain a ejectment before the admittance of his lessor  Leon heir of a copyhold upon who a copyhold descend and who may maintain a  ejectment and make surrender before Yelv   b a admittance but by the three  other justice the information be grant but Parker Ch I think that if there  have not be a direct refusal it will have be otherwise afterward in the same  term accord to a proposal of the court and by the consent of the party feign  issue be direct to try if these six or any of they be entitle to comens their  freedom and whether Austin or Osborn be duly elect and proceed upon the  information be stay till the trial of these issue vide infra p