isitor is under
a temporary disability, there the court of king's bench will
interpose, to prevent a defect of justice. Thus the bishop of Chester
is visitor of Manchester college: but, happening also to be warden,
the court held that his power was suspended during the union of those
offices; and therefore issued a peremptory _mandamus_ to him, as
warden, to admit a person intitled to a chaplainship[g]. Also it is
said[h], 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.
[Footnote e: Lord Raym. 8.]
[Footnote f: Lord Raym. 5. 4 Mod. 106. Shower. 35. Skinn. 407. Salk.
403. Carthew. 180.]
[Footnote g: Stra. 797.]
[Footnote h: 2 Lutw. 1566.]
IV. WE come now, in the last place, to consider how corporations 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[i]. 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[k]. The grant is indeed only during the life of
the corporation; which _may_ endure for ever: but, when that life is
determined by the dissolution of the body politic, the grantor takes
it back by reversion, as in the case of every other grant for life.
And hence it appears how injurious, as well to private as public
rights, those statutes were, which vested in king Henry VIII, instead
of the heirs of the founder, the lands of the dissolved monasteries.
The debts of a corporation, either to or from it, are totally
extinguished by it's dissolution; so that the members thereof cannot
recover, or be charged with them, in their natural capacities[l]:
agreeable to that maxim of the civil law[m], "_si quid universitati
debetur, singulis non debetur; nec, quod debet universitas, singuli
debent_."
[Footnote i: 11 Rep. 98.]
[Footnote k: Co. Litt. 13.]
[Footnote l: 1 Lev
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