3. By ſurrender of it's franchiſes into the hands of the king, which is a kind of ſuicide. 4. By forfeiture of it's charter, through negligence or abuſe of it's franchiſes; in which caſe 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 enquire by what warrant the members now exerciſe their corporate power, having forfeited it by ſuch and ſuch proceedings. The exertion of this act of law, for the purpoſes of the ſtate, in the reigns of king Charles and king James the ſecond, particularly by ſeiſing the charter of the city of London, gave great and juſt offence; though perhaps, in ſtrictneſs of law, the proceedings in moſt of them were ſufficiently regular: but the judgment againſt that of London was reverſed by act of parliament[1] after the revolution; and by the ſame ſtate it is enacted, that the franchiſes of the city of London ſhall never more be forfeited for any cauſe whatſoever. And, becauſe by the common law corporations were diſſolved, in caſe the mayor or head officer was not duly elected on the day appointed in the charter or eſtabliſhed by preſcription, it is now provided[2], that for the future no corporation ſhall be diſſolved upon that account; and ample directions are given for appointing a new officer, in caſe there be no election, or a void one, made upon the charter or preſcriptive day.
The end of the first book.
