ing cafe all fubfequent determinations have been conformable. But, where the vifitor is under a temporary difability, there the court of king's bench will interpofe, to prevent a defect of juftice. Alfo it is faid, that if a founder of an eleemofynary foundation appoints a visitor, and limits his jurifdiction by rules and ftatutes, if the vifitor in his fentence exceeds thofe rules, an action lies against him; but it is otherwife, where he mistakes in a thing within his power(14).

IV. WE come now, in the last place, to confider how corporations may be diffolved. Any particular member may be disfranchised, or lose his place in the corporation, by acting contrary to the laws of the fociety, or the laws of the land: or he may refign it by his own voluntary act. But k 11 Rep. 98.

h Stra. 797.

12 Lutw. 1566.

(14) No particular form of words is necessary for the appointment of a visitor. Sit vifitator, or vifitationem commendamus, will create a general vifitor, and confer all the authority incidental to the office; (1 Burr. 199.) but this general power may be restrained and qualified, or the vilitor may be directed by the ftatute to do particular acts, in which inftances he has no difcretion as vifitor: as where the ftatutes direct the vifitor to appoint one of two perfons, nominated by the fellows, the mafter of a college; the court of king's bench will examine the nomination of the fellows, and if correct, will compel the vifitor to appoint one of the two. 2 T. R. 290. New ingrafted fellowships, if no ftatutes are given by the founders of them, muft follow the original foundation, and are fubject to the fame difcipline and judicature. 1 Burr. 203. It is the duty of the vifitor, in every inftance, to effectuate the intention of the founder, as far as he can collect it from the ftatutes and the nature of the inftitution; and in the exercise of this jurifdiction he is free from all control. Lord Mansfield has declared, that "the vifitatorial "power, if properly exercifed, without expence or delay, is ufeful "to and convenient to colleges; and it is now fettled and efta"blished, that the jurisdiction of a visitor is fummary, and without

appeal from it." 1 Burr. 200. It has been determined, that, where the founder of a college or eleemofynary corporation has appointed no special vifitor, if his heirs become extinct, or if they cannot be found, the right of vifitation devolves to the king, to be exercifed by the chancellor in the fame manner, as where the king himfelf is the founder. 4 T. R. 233. 2 Vef.jun. 609.

the

the body politic may alfo itself be diffolved in feveral ways; which diffolution is the civil death of the corporation: and in this cafe their lands and tenements fhall revert to the perfon, or his heirs, who granted them to the corporation: for the law doth annex a condition to every fuch grant, that if the corporation be diffolved, the grantor fhall 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 for ever: but, when that life is determined by the diffolution of the body politic, the grantor takes it back by reverfion, as in the cafe of every other grant for life. The debts of a corporation, either to or from it, are totally extinguished by it's diffolution; fo that the members thereof cannot recover, or be charged with them, in their natural capacitiesTM: agreeable to that maxim of the civil law", "fi quid univer"fitati debetur, fingulis non debetur; nec, quod debet univerfitas, " finguli debent."

A CORPORATION may be diffolved, 1. By act of parliament, [485] which is boundless in it's operations. 2. By the natural death of all it's members, in cafe of an aggregate corporation. 3. By furrender of it's franchises into the hands of the king, which is a kind of fuicide. 4. By forfeiture of it's charter, through negligence or abuse of it's franchises; in which cafe 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 exercife their corporate power, having forfeited it by fuch and fuch proceedings. The exertion of this act of law, for the purposes of the state in the reigns of king Charles and king James the fecond, particularly by feizing the charter of the city of London, gave great and juft offence; though perhaps, in ftrictnefs of law, the proceedings in most of them were fufficiently regular but the judgment against that of London was re

Book I. verfed by act of parliament after the revolution; and by the fame ftatute it is enacted, that the franchises of the city of London fhall never more be forfeited for any cause whatsoever. And, because by the common law corporations were diffolved, in cafe the mayor or head officer was not duly elected on the day appointed in the charter or established by prescription, it is now provided P, that for the future no corporation fhall be diffolved upon that account; and ample directions are given for appointing a new officer, in cafe there be no election, or a void one, made upon the prefcriptive or charter day.

• Stat. 2 W. & M. c. 8°

PStat. 11 Geo. I. c. 4.

THE END OF THE FIRST BOOK.