Page:The English Reports v1 1900.pdf/1453

In February 1754, the plantiff in error levied a plaint in the Sheriff's Court of the city of London, against the defendant, in a plea of debt for £600. And by his declaration stated, that the city of London is, and hath been from time whereof the memory of man is not to the contrary, an ancient city and county of itself, and the county of Middlesex an ancient county. That the citizens of the said city, for all the time aforesaid, have been a body corporate and politic, and at the time of making the act and ordinance aftermentioned, were and are incorporated, by the name of the mayor and commonalty and citizens of the city of London. That the sheriffalty of the said city of London, and the sheriffalty of the said county of Middlesex, for all the [466] time aforesaid, have been and are ancient offices. That within the said city of London there now are, and from time whereof the memory of man is not to the contrary there hath been, and have been used and accustomed to be, and still of right ought to be, two sheriffs of the said city of London annually elected, chosen, and appointed, which said two sheriffs of the said city of London jointly are and constitute, and long before the making the act or ordinance aftermentioned, namely for the space of three hundred years and more before the making thereof, were and constituted, and still of right ought to be and constitute, one sheriff of the said county of Middlesex; and the said sheriffs of the said city of London for the time being, during all the time last aforesaid, and hitherto of right have exercised, and still of right ought to exercise, as well the said office of sheriffs of the said city of London, as the said office of sheriff of the said county of Middlesex.

The declaration further stated an aet of common council of the said city of London, made the 7th of April, 21 Geo. II appointing the particular mode and form of the annual election of the said sheriffs, and the time of assuming and holding the said office; by which act, inter alia, a power is vested in the lord mayor for the time being, of nominating annually, in the manner therein mentioned, one or more fit and able persons, not exceeding the number of nine, who should be put in nomination to the liverymen of London at every election, until they should have been elected, or discharged from such nomination as thereby directed; with a provision that any person so nominated, should, upon paying £400 and twenty marks in the manner and for the uses in the act mentioned, be for ever exempted and discharged from such nomination, unless he should afterwards take upon himself the office of an alderman of the said city. And it is by the said act of common council further provided, that every person who should be elected to the said offices of sheriffalty upon the general election day, or at any other time, between the said general election day, and the 14th day of September in the same year, when there should be no actual vacancy in the said offices, should personally appear before the court of lord mayor and aldermen, in the inner chamber of the Guildhall of the city of London, at the first court there to be holden next after notice of his election, unless such reasonable