FREE BOOKS

Author's List




PREV.   NEXT  
|<   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   >>  
ts act only _pro salute animae_, and their sentences can only be inforced by spiritual censures: a consideration, which, carried to it's full extent, would alone demonstrate the impropriety of these courts interfering in any temporal rights whatsoever. [Footnote f: 10 Rep. 32.] [Footnote g: Bro. _Abr. tit. Corporation._ 63.] [Footnote h: 10 Rep. 32.] [Footnote i: The civil law also ordains that, in any misbehaviour of a body corporate, the directors only shall be answerable in their personal capacity, and not the corporation. _Ff._ 4. 3. 15.] [Footnote k: Plowd. 538.] [Footnote l: Bro. _Abr. tit. Corporation._ 11. _Outlawry._ 72.] [Footnote m: 10 Rep. 32.] THERE are also other incidents and powers, which belong to some sort of corporations, and not to others. An aggregate corporation may take goods and chattels for the benefit of themselves and their successors, but a sole corporation cannot[n]: for such moveable property is liable to be lost or imbezzled, and would raise a multitude of disputes between the successor and executor; which the law is careful to avoid. In ecclesiastical and eleemosynary foundations, the king or the founder may give them rules, laws, statutes, and ordinances, which they are bound to observe: but corporations merely lay, constituted for civil purposes, are subject to no particular statutes; but to the common law, and to their own by-laws, not contrary to the laws of the realm[o]. Aggregate corporations also, that have by their constitution a head, as a dean, warden, master, or the like, cannot do any acts during the vacancy of the headship, except only appointing another: neither are they then capable of receiving a grant; for such corporation is incomplete without a head[p]. But there may be a corporation aggregate constituted without a head[q]: as the collegiate church of Southwell in Nottinghamshire, which consists only of prebendaries; and the governors of the Charter-house, London, who have no president or superior, but are all of equal authority. In aggregate corporations also, the act of the major part is esteemed the act of the whole[r]. By the civil law this major part must have consisted of two thirds of the whole; else no act could be performed[s]: which perhaps may be one reason why they required three at least to make a corporation. But, with us, _any_ majority is sufficient to determine the act of the whole body. And whereas, notwithstanding the law stood thus
PREV.   NEXT  
|<   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   >>  



Top keywords:

Footnote

 

corporation

 
corporations
 

aggregate

 

Corporation

 

statutes

 
constituted
 
sufficient
 

headship

 

majority


appointing
 
vacancy
 
master
 

subject

 

notwithstanding

 

common

 
purposes
 

contrary

 

warden

 

constitution


Aggregate

 

determine

 

required

 

esteemed

 

authority

 

thirds

 

consisted

 

reason

 

superior

 

observe


collegiate

 

performed

 

incomplete

 

receiving

 

church

 
Southwell
 
London
 

president

 

Charter

 

governors


Nottinghamshire
 
consists
 

prebendaries

 

capable

 

imbezzled

 

ordains

 
misbehaviour
 

corporate

 
whatsoever
 

directors