case the king against sir robert atkins sir John KNIGHT AND other in a  information against a recorder and other member of a corporation for riotous  assemble and choose a alderman without the presence of the mayor contrary to  the charter it be not sufficient to say that accord to the privilege grant by  certain letter patent the mode of election be use to be in the presence of the  mayor c as by the say letter patent will more full appear but it must direct  aver that the charter be grant to the corporation and show the deed SC Mod SC  Trem indictment for a riot at Bristol in assemble themselves and choose Mr  Thomas day in the place of sir John Lloyd for a alderman without the presence  or privity of the mayor c sir Robert atkins in person move in arrest of  judgement they only say that secundum privileg concession by queen Elizabeth  letter patent they use c and do not aver in fact a grant or that there be such  letter patent c nor do they so much as say that it be ancient villan or  community nor so much as that there be a mayor or that the mayor be a member  of the corporation nor that it be a corporation they bare say that we take  upon we to choose another alderman in the place of one that be dead without  the privity or consent of the mayor a in the margin of James bag be case b as  it be print which I take to be the Lord coke opinion they ought to have  prescribe that they be a corporation and to show how they do not direct say  there be any letter patent grant nor so much as a to hold together which be  nought in plead it be only secundum privileg concession pro c prout per to go  show to the jury more at large appear all criminal proceed must be exact and  this be the king count or declaration the statute of Jeofails extend not to  they but information be express except and if information be then certain  indictment be also it say the recorder and alderman be de private citizen  council but it be with the mayor whereas in bag be case it be with the city or  corporation the indictment say they have no custom for it be lie negative to  meet about any public business without the summons of the mayor it can be a  custom shower KB for that must be time out of mind and there be no such thing  as election there before queen Elizabeth time by the charter the mayor be not  of the quorum nor be his person necessary at the election but as to the swear  of a alderman both mayor and recorder be of the quorum and so it be in their  charter as to the gaoldelivery then for the mayor he be do officer at the  commonlaw as coroner and conservator of the peace be he be only a creature of  the charter and have his be pure thereby c his name be but major not maxim and  the same as praeter among the Roman which be from see also Crawley v Crawley  Freem burr and therefore a innocent holder of a bill or note endorse in blank  or Payable to bearer shall recover on it though it be lose or steal miller v  race burr peacock v Rhodes Doug price v Neal burr salk except be suffer six  year to elapse walmsly v child vezey or it be original give for money win at  play or upon a usurious contract low v walker Douglas and the case there cite  but otherwise the want of consideration can be aver by the drawer or maker of  the note except the action be bring by the payee or the note be not within the  custom of merchant Pearson v ganell Mod Jeffries v Austin stram bull n p see  also the case of veer v Lewis term Rep Collins v Emmet h Bl Rep Minet v Gibson  term Rep Gibson v Johnson h Bl Rep to under what circumstance a innocent  endorsee of a bill of exchange or holder of a note of hand make Payable to a  fictitious payee or order may recover on such bill or note as on a bill or  note Payable to bearer see Com Rep skin a see dyer latch   b   SC roll Rep SC  Hugh Ent c roll Abr pl see king v Spencer burr king v Tomlin case t h barber v  boulton stram king v smart burr shower KB er p to go before then as for a  corporation it be only for the benefit of trade that it be first institute d  and suppose a corporation make and no power give they they will be able only  to make order for the advancement and better government of trade they can fine  or imprison they can choose but by the power give they by the charter and if  their charter give they no power to choose new officer on the death of old one  they can do it though there be a opinion that they may in such case yet the  case of dungannon in Ireland be direct that when they be all dead the  corporation be dissolve so that the sole power arise from the charter and that  do not make the mayor presence necessary in the mayor of Oxford case f they  who power be to constitute a court only can summon it as in commission of  peace and of gaoldelivery unless there be a clause nominate who shall c so  they who have power of election have the power of summon the assembly or  meeting for that purpose as to the mayor presence I know no necessity thereof  I confess there be the case of Hicks g where two judge be of opinion that the  mayor presence be necessary h but that be not a action or suit in the case so  that it be none of the best authority nor upon any argument for that two judge  only be present which in case of argument be usual suspend till the court be  full and in that case the mayor be absent at the time of the death of the  alderman and so he be not wilful absent nor shower KB do I find that they be  indict for a riot or so much as blame it be only a mistake in judgement but  upon a complaint a writ be grant for a new election by the statute of  Westminster the first election ought to be free and he cite likewise Eden case  in cro Elizabeth Pemberton chief justice this will have do better on a  demurrer than now after a verdict Adjournatur it be afterward move again and  the court agree the indictment to be vicious for want of a recital of the  letter patent and the prout per the same to be ill dolben justice cite a case  of a indictment for a forcible entry where it be say to step out book tenement  suum prout per indenturam quondam that c juratoribus pillage show abundantly  to be fluid et that this only is apparent and that be hold ill and judgement  stay sir Robert atkins on the Lord pemberton and his brother persuasion resign  his recordership which be all that the city of Bristol aim at by their  indictment