Reports of Cases Volume 15

Reports of Cases Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...the election, --that simply voting against the candidates named, without voting for any other candidates, would not prevent an election. The parties nominated could only be deafeated by the nomination of others and electing such others by a majority of votes. The voting against the nomination in this case amounted to no more than a protest against the election of the parties proposed; and an election, held according to law, at a proper time and place, by persons duly qualified, cannot be frustrated or defeated by other members of the corporation, who, for reasons of their own, simply Wish to prevent an election being held. In Oldlcnow v. Wainwright' on a special verdict, the question was, whether Segrave the Town Clerk of Nottingham was legally elected. There were twenty-one electors present; nine of whom voted for Segrave; eleven protested against him, without voting for anyone else, and one other said, that "he suspended doing anything." The Court said: "The election is clearly good. The eleven protestant Dissenters, having voted for nobody, could not put a negative upon the only man put in nomination." In Rear: 0;. Monday, 'I Buller Counsel, argues: " Two requisites are necessary to make a good election. 1. A capacity in the electors. 2. A capacity in the elected: and unless both concur, the election is a nullity. With respect to the capacity of the electors, their right is this: They cannot say there shall be no election; but they are to elect; therefore, though they may vote and prefer one to fill an ofiice, they cannot say that such a. one shall not be preferred; or, by merely saying, " we dissent to every one proposed," prevent any election at all. Their right consists in an...
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Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • United States
  • English
  • black & white illustrations
  • 1236933443
  • 9781236933447