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college, and to expel and deprive upon just occasions, and to hear all appeals of course; and that from him, and him only, the party aggrieved ought to have redress; the founder having [484] reposed in him so entire a confidence that he will administer justice impartially, that his determinations are final, and examinable in no other court whatsoever. And, upon this, a writ of error being brought into the House of Lords, they concurred in Sir John Holt's opinion, and reversed the judgment of the Court of King's Bench. To which leading case all subsequent determinations have been conformable." But, where the visitor is under a temporary disability, there the Court of King's Bench will interpose, to prevent a defect of justice. Also, it is said, that if a founder of an eleemosynary foundation appoints a visitor, and limits his jurisdiction by rules and statutes, if the visitor in his sentence exceeds those rules, an action lies against him; but it is otherwise where he mistakes in a thing within his power.

IV. How corporations


IV. We come now, in the last place, to consider how corpoare dissolv. rations may be dissolved. Any particular member may be disfranchised, or lose his place in the corporation, by acting contrary to the laws of the society, or the laws of the land; or he may resign it by his own voluntary act. But the body politic may also itself be dissolved in several ways; which dissolution is the civil death of the corporation: and in this case their lands and tenements shall revert to the person, or his heirs, who granted them to the corporation; for the law doth annex a condition to every such grant, that, if the corporation be dissolved, the grantor shall have the lands again, because the cause of the grant faileth. The grant is, indeed, only during the life of the corporation; which may endure forever; but when that life is determined by the dissolution of the body politic, the grantor takes it back by reversion, as in

b Stra., 797.

i 11 Rep., 98.

(19) In the King v. The Master and Fellows of St. Catharine's Hall, Cambridge, 4 T. R., 233, it was decided, that, if no special visitor of a private eleemosynary lay foundation has been appointed by the founder, the right of visitation, in default of his heirs, devolves upon the crown, and that the Court of Queen's

2 Lutw., 1566. 1 Co. Litt., 13.

Bench will not entertain visitorial jurisdiction over such foundation, or interfere by mandamus in their elections; but such visitorial jurisdiction must be exercised by the lord chancellor alone. See, also, the cases cited in the matter of Downing College, 2 My. & Cr., 642.*

* In the case of Dartmouth College v. Woodward, 4 Wheaton, 624, it was held that, from the nature of the duties to be performed by the corporation, or the trustees thereof, for the persons interested in the bounty, it might be inferred that the founders or donors of the charity meant to vest the power of visitation in the trustees. In New York it has been decided that the chancellor there can not act in a visitorial character (1 Hopkins's Ch. R., 278), and, consequently, the jurisdiction can be exercised only by the Supreme Court, under its common law process.

the case of every other grant for life. The debts of a corporation, either to or from it, are totally extinguished by its dissolution; so that the members thereof can not recover, or be charged with them, in their natural capacities ;m agreeably to that maxim of the civil law,n" si quid universitati debetur, singulis non debetur; nec, quod debet universitas, singuli debent." A corporation may be dissolved, 1. By act of Parliament, [485] which is boundless in its operations. 2. By the natural death of all its members, in case of an aggregate corporation. 3. By surrender of its franchises into the hands of the king, which is a kind of suicide. 4. By forfeiture of its charter, through negligence or abuse of its franchises; in which case the law judges that the body politic has broken the condition upon which it was incorporated, and thereupon the incorporation is void. And the regular course is to bring an information in nature of a writ of quo warranto, to inquire by what warrant the members now exercise their corporate power, having forfeited it by such and such proceedings.* The exertion of this act of law, for the purposes of the state, in the reigns of King Charles and King James the Second, particularly by seizing the charter of the city of London, gave great and just offense; though perhaps, in strictness of law, the proceedings in most of them were sufficiently regular; but the judgment against that of London was reversed by act of Parliament after the Revolution; and by the same statute it is enacted, that the franchises of the city of London shall never more be forfeited for any cause whatsoever. And, because by the common law corporations were dissolved, in case the mayor or head officer was not duly elected on the day appointed in the charter or

m 1 Lev., 237.


Ff., 3, 4, 7.

• Stat. 2 W. & M., c. 8.

*It is a general rule of law that a corporation is not to be deemed dissolved, by reason of any misuser or non-user of its franchises, until the default has been judicially ascertained and declared (6 Barn. & Cres., 703; 9 Cranch, 51; 4 Wheaton, 698); yet, in case of private corporations, the charters of which contain a provision rendering the individual members liable for corporate debts existing at the time of the dissolution, it has been held, where the corporate body had become insolvent, and, in fact, had no longer an existence, that, for the sake of the remedy, and in favor of creditors, a virtual surrender of the corporate rights and a dissolution of the corporation might be presumed.-(19 Johns. R., 456; 6 Cowen, 26.)

By statute, also, it has been declared in New York, that whenever any incorporated company shall have remained insolvent for one whole year, or during that time shall have neglected or refused to pay its notes, or shall have suspended its ordinary business, it shall be deemed to have surrendered its corporate rights, and shall be adjudged to be dissolved.—(2 R. S., 463, § 38.) And, to facilitate proceedings against banking, loan, and insurance companies, it is enacted, that whenever any such company becomes insolvent, or violates any of the provisions of its act of incorporation, or other act affecting it, the chancellor may, by injunction, restrain such corporation from exercising any of its corporate rights, and appoint a receiver to take charge of its property and effects: such injunction issuing on the application of the attorney-general, or of any creditor or stockholder of the company, upon bill or petition.-(2 R. S., 463, § 39, 40.)


established by prescription, it is now provided? that, for the future, no corporation shall be dissolved upon that account;" and ample directions are given for appointing a new officer, in case there be no election, or a void one, made upon the prescriptive or charter day.

P Stat. 11 Geo. I., c. 4.

(20) By sect. 25 of 7 Wm. IV., and 1 Vict., c. 78, explaining and amending 5 & 6 Wm. IV., c. 76, it was enacted, that in case there shall be no election of mayor or any of the aldermen, counselors, or other corporate officers, in any borough named in the said act, upon the day or within the time appointed by that act, or in case such election shall afterward become void, through the fault of the presiding officer, or by any accident or other means whatsoever, the corpora

tion shall not thereby be deemed to be dissolved or disabled from electing such mayor, alderman, or counselor, or other corporate officer, for the future; but may proceed to their elections in the manner prescribed in the act; which, it may be observed, makes various provisions for remedying other errors and deficiencies in the elections of corporate officers, and for otherwise amending the Municipal Corporations Reform Act.


ABBOTS, 155, n.

Abdication of James II., 212.
Abduction of women, 443.
Abjuration, Oath of, 162 n., 368.
of the realm, 132.

Absolute power of the crown, 250.
Absolute rights and duties, 123.
Access, presumption of, 458, n.
Act of Grace or Pardon, 184.
Act of Indemnity, 136.
Act of Parliament, 85.

how enrolled, 182, n.

how made, 181.
its ancient form, 182.
its authority, 186.
private, 86.
public, 85.

when binding on the crown, 261.
Additions, 407.

Adjournment of Parliament, 186.
Administration to infant, 463, n.
Admiralty, law in courts of, 83.
Admission of a clerk, 390.
Adultery, 441.

Affinity, 434, 435, n.

Age of consent to marry, 436.
Age, full, what, 463.

Aggregate corporation, 469.

Aggregate fund, 331.

Aids, Parliamentary, 308.

Appeal from Irish courts, 104.
Apprentices, 426, 427.

Appropriation of supplies, 335, n.
Appropriations, 384.

Arbitrary, consecration of tithes, 113.
Archbishops, 155, 377.

court of, 83.

incomes of, 377, n.

mode of appointment of, 377.

powers and duties of, 380.

Archdeacon, 383.

Archdeaconry, 112.

Aristocracy, 49.

Armies, who can raise, 262.

standing, 413, 414.

Armor, statutes of, 411.

Arins and ammunition, exporting, 265.
Arms, right of having, 143.
Army, regular, 413.
history of, 408.
how raised, 262.
standing, 413, 414.

Array, commissions of, 411.
Articles of the navy, 420*.
Articles of war, 415, 417.
Artificers, 407.

Assembly of estates, 147.
Assessed taxes, 325, 327, n.
Assessments, 312.

Assize, general, 148.

Albert, His Royal Highness Prince, 224 n., | Assize of arms, 411.

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Asylums, lunatic, 305, n.

Atheling, 199.

Aubaine, droit d', 372.

Augmentation of vicarages and curacies,


Aurum reginæ, 221.

Authorities in law, 72.

BACHELOR, knight, 404.
Bail, excessive, 135.
Bailiffs, 345.

of hundreds, 116, 345.
special, 346.

Bailiwick, 344.

Bangorian Controversy, 279, n.

Banishment, 137.

Banneret, knight, 403.

Banns, 439.

Baron, 398.

and feme, 433.

Baronet, 403.

Baronies of bishops, 156.

Annulum et baculum, investiture per, 378. Barristers, 23.

Barristers (continued).

revising, 173, n.

Bastard, 454.

incapacities of, 458.

maintenance of, 457, 458.
marriage of, 459, n.

settlement of, 363, n., 459, n.
Bath, knight of the, 403.
Beacons, 264.

Benefit of clergy, 377, 402, n.
Benevolence, compulsive, 140.
Berwick-upon-Tweed, 94, n., 99.
Bill in Parliament, 181.
how passed, 181.

Bill of Rights, 128, 211-217.
Bishops, 155, 377, 382.

are not peers, 401.
authority of, 381.
incomes of, 377, n.

mode of appointment, 377.
powers and duties, 382.
Blood, half, 70, 194.
royal, 225, 226.

Body, corporate, 467.
politic, 467.

protection of, 134.
Bona vacantia, 296, 299.
Books of rates, 317.
Borough, English, 75.
Boroughs, 115.

corporations of, 475, n.
parliamentary, 172, n.
election for, 174, n.
members for, 174.

Borsholder, 115, 356.

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British Constitution, 50, 51. See "Con- Code of Justinian, 81.


British Islands, 105.

Britons, ancient, their laws, 63.

Burgesses. See "Boroughs."

Butlerage, 315.

By-laws, 475, and n. 12.

CABINET, 230, n.

Canon Law, 14, 19, 82, 83.

authority of, 79, 83, n.

of Theodosius, 81.
Coinage duties, 295.

right of, 277.

Coke, Sir Edward, 72, 73.
Collation to a benefice, 391.
Colleges, 471.

their visitors, 482.

Collegia in the civil law, 469.
Collieries, labor in, 427, n.
Colonies, 107, 110.

Canonists should study the common law, Colonial assemblies, 109.

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