cribe particular modes and manners, as to the exercise of part
of it. If he makes a general visitor (as by the general words _visitator
sit_), the person so constituted has all incidental power; but he may be
restrained as to particular instances. The founder may appoint a special
visitor for a particular purpose, and no further. The founder may make a
general visitor; and yet appoint an inferior particular power, to be
executed without going to the visitor in the first instance."[23] And
even if the king be founder, if he grant a charter, incorporating
trustees and governors, _they are visitors_, and the king cannot
visit.[24] A subsequent donation, or ingrafted fellowship, falls under
the same general visitatorial power, if not otherwise specially
provided.[25]

In New England, and perhaps throughout the United States, eleemosynary
corporations have been generally established in the latter mode; that
is, by incorporating governors, or trustees, and vesting in them the
right of visitation. Small variations may have been in some instances
adopted; as in the case of Harvard College, where some power of
inspection is given to the overseers, but not, strictly speaking, a
visitatorial power, which still belongs, it is apprehended, to the
fellows or members of the corporation. In general, there are many
donors. A charter is obtained, comprising them all, or some of them, and
such others as they choose to include, with the right of appointing
successors. They are thus the visitors of their own charity, and appoint
others, such as they may see fit, to exercise the same office in time to
come. All such corporations are private. The case before the court is
clearly that of an eleemosynary corporation. It is, in the strictest
legal sense, a private charity. In King v. St. Catherine's Hall,[26]
that college is called a private eleemosynary lay corporation. It was
endowed by a private founder, and incorporated by letters patent. And in
the same manner was Dartmouth College founded and incorporated. Dr.
Wheelock is declared by the charter to be its founder. It was
established by him, on funds contributed and collected by himself.

As such founder, he had a right of visitation, which he assigned to the
trustees, and they received it by his consent and appointment, and held
it under the charter.[27] He appointed these trustees visitors, and in
that respect to take place of his heir; as he might have appointed
devisees, to take his es