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A gentleman of the borough of Newtown having an inclination to increase his weight and influence in the corporation, and for that purpose to amove several of the burgesses who were not in [313] his interest, under pretence of their not being inhabitants of the borough, notwithstanding the above act of parliament, and without applying to the corporation to exercise their power of amotion given them by the charter, if they saw cause, endeavoured to procure an information, in the nature of a quo warranto, to be brought against all the defendants, under an act of parliament which passed in Ireland 19 Geo. II, by which it is enacted, that in case any person or persons should, after the first day of Trinity term 1746, usurp, intrude into, or unlawfully hold any of the offices or franchises of Burgesses, or other offices of corporations, it should be lawful for the proper officer, with leave of the courts, to exhibit informations, in the nature of a quo warranto, at the relation of any persons desiring to prosecute the same against such persons: and if it should appear to the courts, that the several rights of divers persons might properly be determined on one information, it should be lawful for the courts to give leave to exhibit one information against several persons, in order to try their respective rights: and in case any persons, against whom such informations should be exhibited, should be found guilty of an usurpation or intrusion, or unlawfully holding any of the said offices or franchises, it should be lawful for the courts, as well to give judgment of ouster, as to fine, and that the relators should recover their costs; and if judgment should be for the defendants, that they should recover their costs against the relators. Which act is a transcript of the English statute of the 9th of Ann, relating to the same matters in England.

Accordingly, in Trinity term 1748, an information was exhibited in the Court of King's Bench in Ireland, in the name of Thomas Carter, Esq. the King's Coroner and Attorney, at the relation of Hamilton M'Clure, as a nominal informer, against the Right Honourable John Ponsonby, the Honourable Richard Ponsonby, Charles Caldwell, Esq. William Colvill, Hugh Darley, Benjamin Burton, John Ward, James Turner, and Margetson Saunders, charging them severally with having usurped the office of a free Burgess; and to shew by what warrant they had exercised and did then exercise, and claim to have and use the privileges and franchises of a free Burgess of the said borough.

To this information the defendants appeared and pleaded severally, and in each of their pleas stated the material parts of the charter; and then the particulars of their respective defences.

The defendant John Ponsonby by his plea said, that on the 1st day of October 1745, the Provost and free Burgesses of the said borough of Newtown for the time being, or the greater part of them, assembled themselves at Newtown aforesaid, in the borough of Newtown aforesaid, in the said county of Down, in the usual place for assembling themselves within the said borough, and the franchises of the same, to elect and choose a fit and proper person into the office of a free Burgess of the said borough, then vacant, and did then and there duly elect and choose him the said John Ponsonby, as and for one of the free Burgesses of the said borough, [314] pursuant to the said letters patent, and the usage of the said borough, being first duly convened for that purpose: and he further said, that since the said election, the Provost and free Burgesses of the said borough of Newtown, for the time being, did not give him notice of such his election, or require him to be admitted into the said office, or to take the oath of a free Burgess of the said borough; and that he at any time since his said election as aforesaid, was not admitted into the said office, and did not take the oath of a free Burgess of the said borough of Newtown, in the said letters patent mentioned and specified to be taken by every free Burgess of the said borough of Newtown; but was ready, when required, to accept the said office of a free Burgess of the said borough of Newtown, and to take the oath of office of a free Burgess of the said borough, and the oaths by law required; and that he had not, at any time since his said election as aforesaid, or at the time or times in the said information alledged, or during any part thereof, used or exercised the office, privileges, and franchises of a free Burgess of the said borough of Newtown, as by the said information was alledged; but he said, that by force and virtue of his being elected and chosen a free Burgess of the said borough of Newtown as aforesaid, he claimed to be entitled to be sworn into the office of a free Burgess of the said borough of Newtown, according to the orders and directions of the said letters patent, and the usage of the said borough, and then