themselves incorporated, but the corporate fucceffion is vefted in trustees under various denonominations, who, of course, have no beneficial interest, but are only employed as inftruments to effectuate the purposes of the institution; of this description is Sutton's Hofpital, commonly called the Charter Houfe (a); and most other hofpitals of modern creation; but thefe, fays Lord Coke, are not legal hofpitals (b).

THERE are also many other corporations, refembling hofpitals, of this laft defcription, which are neither colleges nor hospitals, but which may be claffed under the head of eleemofynary corporations, as their object is, by means of trustees incorporated, to carry into execution fome public charity; fuch is the corporation created in the reign of Queen Anne (c), under the name of "the governor of the bounty of Queen Anne, for the augmentation of the maintenance of the poor clergy;" and fuch are many corporations of trustees for the education of children at free fchools, and many others, for various purposes.

CIVIL Corporations are established for a variety of temporal purposes. Thus a corporate capacity

is given to the King, to prevent, in general, the poffibility of an interregnum or vacancy of the throne, and to preserve entire the poffeffions of the crown; for immediately on the demife of one King, his fucceffor is in full poffeffion of the regal rights and dignity (a): Other civil corporations are established for the purpose of local government, fuch as the corporations of cities and towns, under the names of Mayor and Commonalty, Bailiffs and Burgeffes, and other fimilar denominations; and to this clafs feem properly to belong the general corporate bodies of the two universities, which, whatever may have been the notion of former times with refpect to them, are now univerfally confidered as lay corporations with temporal rights, not as eleemofynary foundations, as particular colleges are, though ftipends are annexed to particular magiftrates and profeffors; for these are rewards pro opera et labore, in the fame manner as the ftanding falaries of particular officers in other corporations which are confeffedly not eleemofynary, but civil (b). Other corporations are established for the maintenance and regulation of fome particular object of public policy; fuch as the Corporation of the Trinity House for regulating navigation (c), the Bank,

(a) 1 Bl. Com. 470. (b) 3 Bur. 1652, 1656. 1 Bl. Com. 471, () Sawyer's Arg. Quo. War. 9.

and

and the different Infurance Companies in London; others for the regulation of trade, manufactures, and commerce, fuch as the Eaft India Company, and the companies of trades in London and other towns; others for the advancement of science in general, or fome particular branches of it; fuch are the College of Physicians and the Company of Surgeons in London for the improvement of the medical fcience; the Royal Society for the advancement of natural knowledge; the Society of Antiquarians for promoting the study of antiquities; and the Royal Academy of Arts for cultivating painting and sculpture.

THERE are also fome corporations which have a corporate capacity only to fome particular purpofe. Thus the churchwardens may take goods. in fucceffion to the use of the parishioners (a); fo, if a gift of chattels be made to the parishioners, it is good, and the churchwardens fhall have an action for them, the gift being confidered to be for the use of the church (b). They have the cuftody of the ornaments of the church, as the plate and bells, and an action of trefpafs has been maintained by them against the parfon for breaking the bells; though the parfon pleaded that he and others purchafed the bells with their own

(a) 20 Ed. 4. 2 Bro. Corp. 60.

(b) 37 H. 6, 30. Bro. Corpor. 73.

money,

money, and put it up; because, when put up, it was confecrated to the church (a). So, if a man take the organs out of the church, they may have an action of trespass for it; for the organs belong to the parishioners and not to the parfon (b). So, the churchwardens, by the affent of the parishioners, may take a ruinous bell, and deliver it to a bell-founder, and agree that he fhall have a certain fum for casting it, on which the bell-founder may retain the bell till he be paid; and this agreement fhall excufe the churchwardens in a writ of account brought against them by their fucceffors; because the parishioners are a corporation for the difpofal of fuch perfonal things as belong to the church (c). So, with the like confent of the parishioners, they may take ftones belonging to the church, and empower a builder, with part of them, to repair a ruinous window, retaining the refidue to himself, in fatisfaction of his labour and expences (d): so, they may have an appeal of robbery, or an action of trespass, for those things of which they have the custody, and count to the damage of the parishioners (e): but they cannot give or release them, for that is to the disadvan

(c) Inter Methold et Winn, 1 Rol. 393. M. 37, 38. El. B. R. (d) Id. ibid. (e) Vid. Finch's Law, 178, and the authorities

there cited. 1 Leon. 177. Comb. 417. 1 Vent. 89.

tage

tage of the church; and if they do, the parish may choose new churhwardens, who shall have an account against them (a): but if a feoffment be made to the use of the churchwardens, it is void, for they have no capacity for fuch a purpose. So a devife or a gift of land to the parishioners is not good; nor can the churchwardens prescribe to have lands to them and their fucceffors, for they are not a corporation to have lands (b), neither does their capacity extend to take an obligation to them and their fucceffors (c): neither is a gift by them of goods in their custody good, without the affent of the fidemen or veftry (d): and the corporate capacity is in the churchwardens jointly, and therefore the one, without the other, cannot give away the goods of the church, nor release cofts to which they are entitled (e). But though the corporate capacity of churchwardens be, in general, thus limited, yet by letters patent they may, in particular cafes, have a more enlarged capacity. Thus, in the cafe of St. Saviour's, Southwark, it was granted, by letters patent, before the 33 of Elizabeth, that the parishioners, or the greater number of them, fhould annually

(b) Vid. 37 H. 6, 30.

(a) Finch, 179, &c. Bro. Corpor. 77. 12 H. 7, 27. Bro. Corpor. 84. 17 H. 7, 27. b. 1 Rol. 393. (c) 20 Ed. 4, 2 Bro. Corpor. 6c.

I

(d) 1 Rol. 393.

(e) Cro. Jac. 234.

elect