case the mayor OF London against MARKWICK S c affirm bro p c d ed if the mayor  of London recover in the sheriff court in a action on a bylaw a bind give by  the defendant to the mayor to prosecute a writ of error thereon in the court  of husting with effect be a good bind for although in the court of husting the  lord mayor be judge yet it may be hold before six alderman without the mayor  and it shall be presume that he be absent when the error in his own cause be  determine S c bro p c error out of the common plea the case be this the mayor  of London bring action on the case on a bylaw a the bylaw be that if any  citizen of London be fit qualify shall be duly elect and choose to be one of  the sheriff of the city of London and county of Middlesex and shall refuse to  take upon he the say office unless he shall be discharge by oath as to the  insufficiency of his estate not be worth l at the time of his election he  shall forfeit the sum of l to the mayor and commonalty and citizen to be  recover by action of debt in any of the court of record within the city of  London a in the sheriff court in London and have judgement the defendant bring  a writ of error in the husting accord to the custom of London and be bind in a  bind for eight hundred pound to the mayor to prosecute it with effect upon  which bind the mayor bring a action of debt in the court of common plea and at  last it come by writ of error into the court of king bench where the only  question be whether the defendant be oblige to prosecute the writ of error in  the husting the mayor be judge of that court and so make he both judge and  party this case be twice argue the last term and now the court give their  opinion holt chief justice say the writ of error will not lie before the mayor  himself because he be party and so the bind void Powell contra he agree that  regular a man can be judge and party but in case of necessity he may as if a  real action be bring against all the judge of the court of common plea but  this case differ from that for the husting may be hold before six alderman  without the mayor a Inst a and then it shall be intend that modern report er p  the mayor be absent because it do not appear of record if the plaintiff in his  replication have reply that the mayor give the judgement I shall have be of  another opinion and it do not appear that the mayor be a necessary part of the  court powys and gold justice be of the same opinion that the writ of error be  well bring and so the bind good and the judgement give thereon in the court of  common plea be affirm b on this judgement Markwick bring a writ of error in  the house of lord where the judgement of the court of king bench be affirm S c  bro p c b