Merchant Taylors: and that the fame mafter and wardens fhould make ftatutes and ordinances. It was held that by this name, the Mafter and Wardens, fhould be understood, not the five individual perfons who were the master and four wardens, but the whole company in their politic capacity (a). WHERE any alteration is made in the name of a corporation, whether by the addition of another component part or otherwise, they retain the property, franchises, rights and privileges, which belonged to them before the alteration, and are equally liable to all claims to which they were fubject before (b). THUS the people of York prescribed as mayor, bailiffs, and citizens, to take and feize as forfeited, all goods foreign bought and foreign fold, till the time of Richard the fecond, when they were incorporated by the name of Mayor, Sheriffs, and Citizens, after which they claimed the fame privilege as mayor, fheriffs, and citizens, and the claim was allowed (c). So, if liberties be given by the King's charter to the bailiffs of a town, and afterwards they are incorporated by the name of Sheriffs, and the privilege conferred upon them that they shall implead and be impleaded by that name, they shall retain under the name of Sheriffs, all their franchifes, which they had as bailiffs (d). So, where a corporation under the name of a Commonalty, have certain poffeffions, and grant feveral covenants and annuities, and afterwards by the King's grant they have bailiffs added to them, and their name altered to that of Bailiffs and Commonalty, they are not difcharged from (a) Moore, 582. (b) 2 H. 6, 9. 21 Ed. 4, 56 et feq. 4 Co. 87. (c) Dyer, 279, cited Moore, 582: (d) 14 H. 6, 12, cited Moore, 581. Jenk. 99. annuities, annuities, covenants, &c. to which they were liable before, nor is their previous property affected by it (a). HOWEVER frequently the name may have been changed, the law, with refpect to their ancient property, franchifes and duties ftill continues the fame (b). (a) 2 H. §, 9. 21 Ed. 4, 56. 4 Co. 87. So, (b) From time immemorial to the 14th of Richard the 2d, there exifted in the city of London an affociation of men, who, by the name of Taylors and Armorers, Linearum Armiturarum, were accustomed to make ordinances for the government of the men of that mystery, and for the maintenance and relief of their poor, and to enforce thefe ordinances by the impofition of penalties.-Ed. 3, in the first year of his reign, granted by charter that they should hold a guild once a year, as they had been accustomed, make ordinances, and correct the defaults of fervants under the inspection of the mayor or his deputy. Richard the fecond, in the 14th year of his reign, confirmed the charter of Ed. 3, and granted to them and their fucceffors, that they might use the good customs relating to the guild, which they had used, but which were not expreffed in the patent of Ed. 3. That they might elect from among themselves a mafter and four wardens, for the better government of the company for ever; and that the mafter, wardens, and brothers of the company, might affemble and make ordinances, as they had been of old accustomed.-Henry 4th, in the 4th year of his reign, confirmed the last mentioned charter, and incorporated them by the name of Mafter and Wardens of the Company of Taylors and Armorers, Linearum Armiturarum, of St. John the Baptift, in the city of London: these feveral charters, and all the privileges and franchises granted in them, were confirmed by act of parliament in the ft year of Ed. 4, to the then mafter and wardens of the company of taylors and armorers, linearum armiturarum, of St. John the Baptift, and their fucceffors.-Henry the 7th, in the 18th year of his reign, changed the name to "the Master and Wardens of Merchant Taylors of the Company of St. John the Baptift, in London, and granted that they should purchase and implead, &c. by the name of Master and Warden of the Merchant Taylors.→ It was held, that under this latter name, they should enjoy all the rights, privileges, &c. which they had obtained by prescription, or by means of a So, all grants made to the inhabitants and good men or citizens of fuch a place, fhall be enjoyed by the corporation of the fame place, if they be afterwards incorporated by the name of mayor and commonalty, or by any other name (a). It is a general rule that a corporation cannot take, but by their corporate name. The chapel of St. Stephen was incorporated by the name of dean, canons, and vicars, and then a grant of land was made to them by the name of prefbyters or chaplains of St. Stephen and their fucceffors, and the grant was adjudged void (b). BUT a grant made to Richard Abbot of D. where his name was John, was held good, because it would have been good by his corporate name of Abbot without the word Richard (c), of any of the former charters. Vid. Moore 576. In Haddock's cafe, (a) 21 Ed. 4, 55, cited Moore 581. (c) 27 Ed. 3, 85. Bro. Corpor. 89. So, So, a bond given to Dr. Craven (mafter) and the fellows and scholars of Suffex and Sidney College, to be paid to the mafter, fellows and scholars, is a bond to master, &c. in their corporate capacity, and not to the master whose name is mentioned in the beginning of the bond, in his natural capacity (a). IF, by a charter granted to the inhabitants of a place, it be granted that they fhall be incorporated by the name of mayor, citizens and commonalty, and there be a fubfequent clause in the fame charter to this effect; " we grant to the citizens aforefaid that they fhall not be impanneled on any jury out of the city;" this fhall be effectual to confer the privilege of exemption on each particular citizen. The arguments against it all proceed on the principle that this latter grant being "to the citizens aforefaid," and not to the "mayor, citizens and commonalty," it is not a grant by the corporate name, and is therefore void: the best answer seems to be, that the words "we grant" are equivalent to "we will;" and that inftead of being a grant by a wrong name, it is nothing more than the expreffion of the King's will, that the members of the corporation before conftituted, fhould enjoy a particular privilege (b). THE Corporate name of the abbot of York was (6 Abbot of the Monaftry of the bleffed Mary of York;" a bond was made to him by the name of "Abbot of the Monaftry of the bleffed Mary without the walls of the city of York:" the abbey was in fact without the walls, but was within the city, and therefore, it is faid, the bond was held good (c); I do not, however, fee the force of that reafon, and I conceive that if the abbey had not been within the city, that would have made no difference, though if it had been within the walls, it might. (a) The mafter, fellows, and fcholars of Suffex and Sidney College v. Davenport. 1 Wilfon 184. (b) 21 Ed. 4, 55, 56. Bro. Corp. 65. (c) 10 Co. 125 b. KING HENRY 8th granted to the mayor, burgeffes, and inhabitants of Lynne, that they fhould have the name of "Mayor and Burgesses of his borough of Lynne Regis," and be called by the fame name and by no other; a bond was made to them by the name of "Mayor and Burgeffes of Lynne Regis:" it was contended, that the omiffion of the words "the King's borough" before the words "of Lynne Regis," made a material variance from the name of the corporation, for that these words were parcel of the name; and that this objection was ftronger here, than it might have been in a common cafe, because the King, after having given them their name, had not only faid in pofitive terms that they fhould be called by that name, but had added negative words "and by no other." After feveral arguments at the bar, the court gave judgment that the bond was good; for that the words "by the fame name and by no other" might be understood in two different fenfes; they might mean "the fame in words and fyllables," and "the fame in fenfe;" that in grants and conveyances, it was fufficient if the name of a corporation was the fame in fenfe, though it was not the fame in words and fyllables, and that the prefent variance was in words and fyllables only, and not in fenfe, and therefore not material (a). THE mifnomer of a corporation in a grant by act of parliament or by devife shall not in general avoid the grant, for thefe are to be taken according to the intention of the grantors; and therefore when the defcription of a corporation in an act of parliament or in a will is such, that the corporation really intended is apparent, and it is impoffible that it fhould be applied to any other corporation, the act of parliament and the will shall take effect, though the right name of the corporation be not precisely (a) Cafe of the mayor and burgeffes of Lynne. 10 Co. 122—126. followed |