&  ( Iress.  886,  896  ;  Rex  v.  Mayor  of  Ripon,
1  Ld.  Raym.  563  ;  Rex  v.  Payne,  2  Chitty,
366  ;  Reg.  v.  Morton,  4  Q.  B.  146.  The
statute  may  provide  that  the  officer  shall
continue  until  his  successor  is  elected  and
qualified,  and  in  such  case  he  will  not
cease  to  he  an  officer  merely  by  resigning
so  as  to  be  relieved  from  the  discharge  of
his  duties  as  such  officer.  Badger  v.
United  States,  93  U.  S.  599  (1876)  (man-
damus) ;  Amy  v.  Watertown,  130  U.  S.
302  (1889).  See,  further  on  this  point,
post,  sec.  887.
3  Reg.  v.  Lane,  2  Ld.  Raym.  1304  ;
Rex  i'.  Ripon,  supra  ;  Hazard's  Case,  2
Rol.  11  ;  Jenning's  Case,  12  Mod.  402  ;
Rex  v.  Patteson,  4  B.  &  Ad.  9  ;  1  New  &
Mann.  612.  The  acceptance  may  be  by
entry  in  books,  by  vote,  or  resolution,  or
by  treating  the  place  as  vacant  and  elect-
ing another  bo  fill  it,  or  ordering  an  elec-
tion if  to  be  filled  by  a  popular  vote.  Van
Orsdall  v.  Hazard,  *3  Hill  (X.  Y.),  243  ;
State  v.  Ancker,  2  Rich.  (S.  C.)  245.  One
elected  to  an  office  cannot  resign  it  before


he  has  qualified  and  become  an  incumbent
of  it.  Miller  v.  Supervisors,  &c,  25  Cal.
93  ;  Willc.  236.
4  Amy  v.  Watertown  (No.  1),  130
U.  S.  302  (1889),  distinguishing  Badger
v.  United  States,  supra.     Post,  sec.  887  a.
5  Rex  v.  Tidderley,  1  Sid.  14  ;  Hazard's
Case,  supra.  The  "common  council"
may  regulate  resignations  by  by-laws,  and
it  may  accept  resignations,  as  it  represents
the  corporation  at  large.  Rawlinson  (5th
ed.)  317,  note  ;  Staniland  v.  Hopkins,  9
M.  &  VV.  178  ;  Willc.  240,  pi.  615.
