6.--Died at Ormesby, near Yarmouth, in his 82nd year, Rear-Admiral Black,
one of the oldest officers in the Navy. He had seen much active service,
and had been employed on the North-West coast of America.
9.--For the office of Mayor of Norwich two candidates were nominated--Mr.
Samuel Bignold and Mr. Richard Coaks. The voting was equal, and the
Mayor giving his casting-vote in favour of the latter, Mr. Coaks was
declared duly elected. Mr. George Womack was appointed Sheriff. (_See_
November 23rd.)
22.--Election petitions were laid upon the table of the House of Commons,
against the return of Messrs. Peto and Warner, as members for Norwich.
(_See_ February 24th, 1853.)
23.--In the Court of Queen's Bench a rule in the nature of a _quo
warranto_ was applied for, calling upon Mr. Coaks, Mayor of Norwich, to
show by what authority he exercised that office. The affidavits stated
that on November 9th there were two candidates for the Mayoralty, Mr.
Bignold and Mr. Coaks, and that the retiring Mayor refused to record the
vote of Mr. Cundall in favour of Mr. Bignold. Consequently the voting
was even, and the retiring Mayor gave his casting-vote in favour of Mr.
Coaks. The affidavits further stated, in support of Mr. Cundall's right
to vote, that at the election of councillors on November 1st, 1851, Mr.
Cundall was a candidate in opposition to Mr. Robert Wiffin Blake, then
one of the aldermen of Norwich, and therefore ineligible to be elected a
councillor; and that Mr. Cundall had, prior to the election, given notice
of Mr. Blake's disqualification, but that Mr. Blake was elected by a
majority of five votes. Subsequently, on a _quo warranto_ being filed
against him, judgment of ouster was obtained. Mr. Cundall therefore made
the required declaration before two councillors, and took his seat as a
councillor at the late election of Mayor, and claimed to have his vote
recorded for Mr. Bignold, which, if received, would have placed him in a
majority of one over Mr. Coaks; but such vote was rejected by the
retiring Mayor. The Court granted the rule. The Attorney-General showed
cause against the rule on January 28th, 1853. The Court was of opinion
that Mr. Cundall had made out a clear _prima facie_ case, and the rule
for the _quo warranto_ was made absolute. Lord Campbell gave judgment in
the case on January 21st, 1854. He said it entirely depended on the
right of Cundall to vote. He held that on November 9th, 1852, Cundall
was a member of the Council, and had a right to vote for Mr. Bignold, and
if he had so voted Mr. Bignold would have been duly elected Mayor. Mr.
Coaks had usurped that office, and the _quo warranto_ had been properly
issued. Mr. Justice Crompton was of the same opinion. Judgment for the
Crown.