case the king against the city OF chester a return to a mandamus to restore a  common council man that they be choose yearly and that before the come of the  writ they be choose and continue for a year and at the end of the year be duly  amoved from their office by the election of other be bad for its uncertainty  for it ought to have show the time they be elect so as it may have appear they  be not amoved before the year expire S c comb S c salk S c holt post show  modern er p salk Carth Mod salk Mod Com dig mandamus d Bac Abr if several  common councilman be remove they can all join in one mandamus to be restore  but each must have a separate writ S c salk post Inst Bac Abr burr this be a  mandamus to restore nine person to their place of commoncouncilmen in Chester  they return that by charter grant to they in the twenty year of Henry the  seven among many other thing of which they take no notice they be empower to  choose forty commoncouncilmen yearly and that ante arrival of this writ these  nine person be choose commoncouncilmen and so continue for a year and that at  the end of the year debit move away to be ab duty per choice another sir  Thomas powys this be no good return because it do not set forth any certain  time when these person be choose or remove and in return to mandamuss there  ought to be the great certainty because it be the ground of the judgement of  the court and be to conclude the party who have no opportunity to plead to  they and therefore they must be positive too that if they be false the party  may have his action now to say that these nine person be ante One annum  integrum ante arrival short catalog choose and remove be altogether uncertain  for it may be forty year ago and yet the return be true and if we bring a  action on this return we can know what certain time they mean second they say  that the year be end debit ab duty move away fuer which be not good side a for  it ought to be direct and positive non to be debt is owed modus admission be a  ill return of a mandamus it ought to be non to be admission h bring a mandamus  to be restore to the place of townclerk of Hereford the mayor return never to  be debt is owed modus admission and hold ill he ought to have return non be  admission for if the return be false the party grieve may have his action on  the case modern curian the case of amotion or put out differ from the matter  of election there be a difference between debit amotus to be and non to be  debit dainties for this case and all other of like nature admit that he be  remove but in case of election the mandamus be to admit he and therefore in  the return it must be show non to be dainties positive and must not say non to  be debit dainties for that imply a election but it be not accord to the  constitution of the corporation and therefore in such case the return ought to  have show how he be elect but in this case all be agree that he be remove and  they say that it be duly do and show the reason of it but the return ought to  have show what time they be elect Eyre justice they may allege a custom to  choose a commoncouncilman and to turn he out ad it pleases and that be warren  case salk a for he have no freehold in his place as a alderman have for a  commoncouncilman be collateral to the corporation holt chief justice the  return be too short but we will not restore you on this writ agree to take a  declaration and try it next term on the merit and here you ought to have bring  several mandamuss for nine person can join in a mandamus as here perhaps you  be choose at nine several time you can all join in one writ for the election  of one be not the election of another this be a innovation to join nine man in  one writ of mandamus can we grant a joint restitution to they it be a several  interest tenant in common can join in one action though they come in by one  feoff but see lev ray b the amotion of the one be not the amotion of the other  and it may be for several fault one for forfeiture the other for other reason  I think the writ ought to be quash see the case of Andover salk and king v  mayor of hull Mod accord king v mayor of Kingston stram but see king v mayor  of fork term Rep where it be say that after a return have be make to a  mandamus it be too late to make any objection to the writ itself c Eyre  justice and so do I modern er p