to endow[1]. Neither is it necessary that the corporation should be actually in existence at the time of the licence to grant to it: it is sufficient that it exist at the time of the grant made[2]. Nor need all the persons who are to be constituent members of the corporation be named in the letters patent ; it is sufficient to give a power of future nomination or election[3]. On the principle that the King's consent is necessary to the formation of a society, it is clear that the general corporation of a town, &c. cannot without the King's express authority, and even by subdivisions, &c. create a subordinate and depen- dent, or independent, corporate body[4]. And in " the King v. the Coopers' Company, Newcastle[5]," Lord Kenyon said, "there is a case in Salkeld[6] where it is said that a corpo- ration may make a fraternity; but no notice is taken of that point in the other Reports[7] of that case. I cannot conceive that they have such a power; it can only be effected by the legislature or by the Crown." But there can, it seems, be no objection to a corporation or any number of persons, forming a mere club or assembly for the purposes of conviviality, &c. though such club or assembly cannot act as a corporation[8], The Parliament, by its absolute and transcendent authority, may perform this or any other act whatsoever: and actually did perform it to a great extent by statute 39 Eliz. c. 5. which incorporated all Hospitals and Houses of Correction, founded by charitable persons, without further trouble; and the same has been done in other cases of charitable foundations. But otherwise it has not formerly been usual thus to intrench upon the prerogative of the Crown, and the King may prevent it when he pleases. And in the particular instance before mentioned, it was done, as Sir Edward Coke observes[9], to avoid the charges of incorporation and licences of mortmain in small benefactions, which in his days were grown so great, that they discouraged many men from undertaking these pious and charitable works[10],
- ↑ 2 Hen. 7. 13, a, b. cited 10 Co. 27, 8.
- ↑ Ibid. 1 Kyd. 54.
- ↑ 10 Co. 8, b. 31, a.
- ↑ See 49 Ass. p. 8. 49 E. 3, 3, 4. Bro. Corpor. 15, 45 ; Prescription, 15. 10 Co. 33, b. 1 Rol. 512. l Sid. 291. 2 Keb. 53.
- ↑ 7 T. R. 548.
- ↑ See page 193. 1 Kyd. 47, &c.
- ↑ See 6 Mod. 128. Holt. R. 433.
- ↑ See Comb. 372, 373.
- ↑ 2 Inst 722.
- ↑ 1 Bla. Com. 474. 1 Kyd. 57, &c.
The
