fimple, but would have enured to them only during the life of the abbot or prior (a); but this opinion does not feem to be fupported by the authorities, nor by the reason of the thing not by the authorities; for there are cafes in the year books which justify the contrary conclusion: thus, it is faid (b), that an annuity granted to the abbot of Battle and his convent, extends to his fucceffors, and their fucceffors of the house, without the word "fucceffors" in the grant.-So, if an abbot had made a leafe with reservation of rent, exprefled "rendering rent To Us," it would have enured to his fucceffor (c), and Lord Hale, citing the authority of the former cafe, fays, "Gift to abbot and monks paffeth fee fimple" (d)-not by the reason of the thing; for an abbot, as an individual, was confidered as dead in law, and could take only in his corporate capacity as head of his house, and in truft for them; and therefore a gift to him and his convent, must have been intended to go in fucceffion (e). BUT a gift to a corporation fole, as to a bishop or parfon, without the word "fucceffors," in general paffes nothing but for life; though a gift to the King, without that word, is a gift in fee fimple, because the King never dies (f). And in ancient times a gift to a fole corporation, or to a corporation aggregate of one perfon capable and many perfons iucapable, in frankalmoign, would have paffed a fee without the word "fucceffors," because the word "frankalmoign" implied a gift in fee, of itself (g). WITH refpect to the force of the word "fucceffors," a diftinction is inade between the cafe where there is fuc (c) 20 H. 6, 8. (a) Co. Lit. 94. b. (b) 11 H. 4, 84. b. (f) Co. Lit. 9. b. ceffion ceffion in one with feveral others, and that where there is fucceffion in one perfon, in right of several others:,thus if a man be bound in an obligation to a dean and his fucceffors, the word "fucceffors" has no effect, because, as a fole corporation, he cannot take a chattel in fucceffion; and it does not appear to be the intention of the parties that it should go to the dean in conjunction with the chapter; but it was otherwife of an obligation made to an abbot or prior, and his fucceffors, without mentioning the convent; for this fhall enure to the fucceffors, because none of the other monks have capacity to take (a). It is a general rule, that where a corporation aggregate has, by its conftitution, a head, a grant to that corporation in the vacancy of the headship is void; thus if a corporation confifts of mayor and commonalty, and a grant be made to it while there is no mayor, or a grant be made to a corporation of dean and chapter when there is no dean; in either cafe the grant is void: and the reason is, that without the head the corporation is incomplete, and the only act it can do, during the vacancy, is to elect another (b). But this rule is to be understood only of an immediate grant; for if during the vacation of the abbacy of Dale, a leafe for life, or a gift in tail had been made, the remainder to the abbot of Dale, and his fucceffors, this remainder would have been good, if an abbot had been chofen during the continuance of the particular estate. So, if there be mayor and commonalty of D. and the mayor die, a grant made to the mayor and commonalty of D. is void; but if a leafe for life be made, with remainder to the mayor and commonalty of D. the remain (a) 20 Ed. 4, 2. (b), 13 Ed. 4, 8. 18 Ed. 4. 8. Bro. Corpor. 58, 59. der der will be good, if, during the continuance of the particular eftate, a new mayor be elected (a).. KING Edward the third newly founded a priory, and granted to the monks that they might choose a prior; and before the prior was chofen, W. made a leafe to A. for life, with remainder to the prior and convent; and to a fcire facias brought against A. he pleaded, that W. was feifed in fee, and leafed to A. the remainder to the prior and convent, and, because there was not yet a prior, he prayed aid of the King, in whom the right was till a prior was chosen; the aid was granted, and a procedendo came; then the defendant fhewed that after the aid granted a prior was chofen, in whom the remainder then vefted, and he prayed aid of the prior, but was refused, because he had aid before, "which proves," fays Lord Coke, "that the remainder in fuch cafe is good” (b). BUT a grant made in remainder to a corporation, when no fuch corporation exifts, is void, though such a corporation be erected, before the expiration of the particular eftate (c). On the principle juft ftated, a devife of land, by the mafter or president of a college to the house of which he is the head, is void; because the devise must take effect at the inftant of the death of the devifor, and at that moment the corporation is incomplete (d). A GRANT may be made to a corporation by the fame charter by which it is erected (e). HAVING Confidered the capacity of corporations to take property, we are natuarally led, in the next place, to treat of the power they have to difpofe of it. (a)'1 Inft. 264. a. (d) Dalifon, 31. (b) 10 Co. 31. b. (c) Vid. Hob. 33. (e) 2 Ed. 6. Bro. Corpor. 89. 10 Co. 74 b. ALL mayor ALL civil corporations, fuch as the corporations of and commonalty, bailiffs and burgefses of a town, or the corporate companies of trades in cities and towns, and all corporations established by act of parliament for some specific purpose, unless exprefsly restrained by the act which establishes them, or by fome fubfequent act, have, and always have had an unlimited controul over their refpective properties, and may alienate in fee, or make what eftates they please for years, for life, or in tail, as fully as any individual may do with refpect to his own property (a). AT COMMON LAW, the mafter, fellows, and scholars of a college; the master or warden of an hofpital; an abbot or prior and his convent, had the fame unlimited controul over the property of their respective houses; and a dean and chapter in their aggregate capacity; a bishop, a dean, an arch-deacon, a prebendary or canon, a parfon or vicar, each in his capacity as a fole corporation, might, with the concurrence of fuch perfons as had an interest in the difpofition of the respective poffeffions, have made any grant whatever (b). THE bishop, the dean and chapter, compofed of prebendaries or canons, and all other perfons belonging to a cathedral church, at firft held their poffeffions together in grofs; but in order to avoid confufion and promote better order, or for other reafons, it was afterwards thought proper to divide them; and part was affigned to the bishop and his fucceffors, and other part to the dean and chapter to hold by themselves refpectively: the poffeffions of the dean and chapter, too, are for the most part divided, the dean having one part alone in right of his deanery, and (b) Co. Lit. 44. a. 300, 301. 1 Bur. 221.-Vid. Madox Firma Burgi, for examples c. 1. f. 4. each cach particular prebendary or canon a certain part in right of his prebend or canonry. The refidue belongs to the dean and chapter in their aggregate capacity (a). WHEN all the poffeffions of the cathedral church were held in grofs, the bishop affigned to each of the prebendaries or canons, a certain maintenance out of the common stock; and for that reason, after the divifion of their poffeffions, he was confidered as patron of all the prebends as of common right. The King, however, is at this day patron of moft of the great prebends (b). To every grant by the dean and chapter, the affent of the bishop was neceffary; and to every grant by the bishop, the confent of the dean and chapter; because the fee was not in the bishop alone, of the poffeffions of the bishopric, but in the bishop together with the dean and chapter; and the fee was not in the dean and chapter alone, of the poffeffions of the dean and chapter, but in the dean and chapter together with the bishop. SOME other fole corporations ecclefiaftic, fuch as prebendary, parfon, and vicar, have only a freehold in their poffeffions, the fee being in abeyance; and therefore not only the confent of the bishop as ordinary, but also the confent of the patron was neceffary to render their grants good against the fucceffor; and the patron who gave his confent must have been patron in fee; for if he was only tenant for life or in tail, his consent would not have bound any fucceffor, who did not come to the benefice during his life; and, in the cafe of a parfon or vicar, where the bishop was patron, the consent of the bishop was not sufficient without that of the dean and chapter; when he confented as ordinary only, they had no controul over his act; (a) Vid. the cafe of the dean and chapter of Norwich, 3 Co. 75, and Burn's Ecc. Law, tit. Deans and Chapters. (b) Ibid. but, |