p. 1834 ; Helston, 4 Burr. p. 2515) have usually turned upon the 

 attempt of a Kmited Common Council to transfer by Bye-law the 

 elections which the Charter directed to be by the Commonalty, 

 to themselves, the Commonalty having no voice in the framing 

 of Bye-laws. Here the Fellows who are in the position of tbe 

 Commonalty have a veto on all Bye-laws ; the Council also con- 

 sists of Fellows, and the only effect of the Bye-law is to transfer 

 the Election from the whole body to some Members of that body, 

 a course allowed as reasonable even in the Corporation Cases of 

 Parliamentary Boroughs where the main body of th.e electors 

 have had a voice in approving of the Bye-laws. 



It appears to me that the scope of the Charter was to leave 

 the original appointment of necessary new Officers to the Annual 

 Meetings, and, when the office had been created, to subject the 

 regulations for filling up vacancies to Bye-laws. The difference 

 of language as to the election hy ballot of the Fellows, President, 

 Treasurer and Secretary, and the " appointment " of Officers, indi- 

 cates this intention, and shows the choice of Officers to have been 

 a subordinate part of the business of the Society, which might 

 well be regulated by Bye-laws, and, as to the filling-up of the post 

 when vacant, be handed over to the Council. 



On the whole case, therefore, I hold the repeal of the former 

 Bye-laws as to the Librarian, and the new enactment, to be valid, 

 and not contrary to the Charter. 



(Signed.) Hatheelet. 



July 22nd, 1874. 



31 Great George St. 



