barber vers boulton where the charter appoint the election of a mayor to be  out of the body at large it may be restrain by a bylaw to a select number it  be now settle that the number of the elector may be restrain by a bylaw but it  can strike off a integral part of they neither can it narrow the number of the  person out of who the election be to be make per Lord Mansfield burr and per  Wilmot I ib cite king v Philips junr mayor of Carmarthen Trin Geo b r see also  lee v Wallis January b r cite ib n   b salk upon non to be dainties return to  a mandamus for swear the plaintiff into the office of mayor of the borough of  Macclesfield wherein the jury find a long special verdict the case be no more  than this by the charter the mayor be to be choose by the capital burgess out  of the capital burgess who be twentyfour the usage for fifty year have be that  the common burgess have put five of the capital burgess in nomination out of  which five the capital burgess have choose one to be mayor and this the jury  find be accord to a bylaw strange not now extant in write and that there be no  footstep before these fifty year of any election in any other manner at the  charter day the common burgess meet and put eight capital burgess in  nomination whereof the plaintiff be one and he have the majority of the  capital burgess for elect he to be mayor it be agree that this election be not  accord to the usage the counsel for the plaintiff insist that it be a  unreasonable usage for here the common burgess who have no right in the  election under the charter have it in their power to dissolve the corporation  by their neglect to return five or if it be good yet it can only have  allowance in case where they do nominate and if they do not then the capital  burgess may make the election under the charter out of the whole body per  curian this be a good usage be to avoid popular confusion but here the  election pursue neither the charter nor the bylaw it be not under the charter  for that say it must be out of the capital burgess at large and here they  confine themselves to eight nor be it accord to the usage because more than  five be nominate which bring in all the confusion that be design to be avoid  by that provision judgment pro to ward off strange report er p