would fupport an action of covenant against the corporation (a).

THE dean cannot appoint a proxy for him to do any corporate act which is to affect the poffeffions of the deanry' or of the chapter, as to put the feal to a lease (b).

If an abbot and all his monks, by their proper names, and not by the name of their incorporation, had made an obligation under the common feal, this fhould not have bound their fucceffors: and the law is the fame with respect to a mayor and commonalty (c).

If an abbot had given an obligation in these words, "Know all men- -that I, abbot of E. am boundin witness whereof I have hereto affixed the feal of my convent," without mentioning his fucceffors, this would not have bound the latter, because it did not appear to be with the confent of the convent: but words in this form, "Know that I, with the confent of my convent, have demifed"-would have bound the fucceffors, because the convent were perfons dead in law.-But fuch a deed by a dean, alleged to be executed by the affent of the chapter is not good, if it relates to the joint poffeffions, because the chapter are an integral part of the corporation, and are feifed with the dean, and implead and are impleaded with him. The law is the fame with refpect to a mayor and commonalty (d).

AN abbot of England was bound by a deed made under the common feal of the abbot and convent, though it bore date out of their monaftry (c).

(a) 48 E. 3, 17, 18. Bro. Corpor. 14, 74. Vid. ante, page 191. Vid. the cafe of Moodamay v. the Eaft India Company. 1 Brown. Ch. Rep. 469. (b) Sir J. Davis, 47, a. b.

(c) 15 E. 4, 1.

(d) 14 H. 6, 16.

Bro. Corpor. 31.

Bro. Corp. 39. Faites. 47. Vid. ante, p. 114, 115.

(e) Jenk. 10, cites 9 E. 4, 40. 14 H. 6, 16. 10 H. 6, 44. 27 Aff. pl. 43.

IN

IN the cafe of an abbot alien, who had a monaftry beyond fea, being fued in debt on a deed obligatory, under the common feal of the abbot and convent, and bearing date in England, there was this diftinction: if the abbot had a cell in England the deed was held good: but if the abbot had no cell in England, a deed by them bearing date in England was confidered as void, because it was not to be fuppofed that the abbot and monks all left their monaftry beyond sea, and came into England, or that their common feal was in England (a).

WHERE an agreement, with relation to a dean and chapter eftate, is executed by the dean for himself and chapter, though figned by him only it shall bind the chapter (b).

AND, if a body corporate, compofed of a definite number of members, make an agreement with a perfon to grant him a leafe, and the money be paid, though some of the members were wanting at the time of the agreement, probably a court of equity would carry it into execution (c).

ALL corporations aggregate, were, at common law, bound by a fine, levied with proclamations, according to the ftatute (d); for though the words feem to bar only natural perfons and their heirs, becaufe they do not fave any right but to men and their heirs, and no mention is made of any corporation, or of fucceffors, yet it was the intention of the makers of the act, that it fhould be extended to fuch corporations, and to their fucceffors, as have of themselves an abfolute eftate, and authority to difpofe of their poffeffions, as mayor and commonalty, dean and chapter, colleges, and the like (e). But fince (a) Jenk. 10. Vid. ante, page 33.

(b) Dict. pr. Ld. Hardwicke. 2 Atk. 45.

(c) Dict. pr. Ld. Hardwicke. 3 Atk. 478. (d) 4 H. 7, c. 24.

(e) Plow. 375, 537, 538.

the

the ftatute of 13 El. c. 10, it has been adjudged, that colleges are not barred by fine and non-claim; because it would have been of no effect to have prohibited them to bar the right of their colleges by conveyances made by the master and fellows themselves, and to have left them power by their permiffion or fufferance, and non-claim, to bar it (a). Deans and chapters being within the statute of Elizabeth, the law with respect to them, on this point, must be the fame as with refpect to colleges.

BUT at common law, and much more fince the restraining ftatutes, though a bishop, dean, parfon, vicar, or prebendary do not make their entry or claim, nor bring their action to avoid a fine, within five years, but are remifs and negligent for that time, yet their fucceffors fhall not be bound for ever, because they have no abfolute estate in their poffeffions (b).

SECTION IV.

To what Burthens Corporations are fubject. CORPORATIONS are fubject to the fame burthens, in the character of owners or occupiers of houfes or lands, to which individuals are subject in the fame character.

THUS, Lord Coke commenting on the word inhabitants, in the ftatute (c) made in the time of Henry the eighth for the repair of bridges, fays that every corporation and body politic, refiding in any county, riding, city, or town corporate, or having lands or tenements in any fhire, riding,

(a) Magdalen College cafe, 11 Co. 78. b. (b) Plow. 375, 538. 10 Co. 69 b. 71 a. 122, &c. (c) 22 H. 8, c. 5.

Vid. ante, page 122, &c.
Vid. ante, p. 108, 109,

city,

city, or town corporate, quæ própriis manibus et fumptibus pofident et habent, are inhabitants within the purview of the ftatute (a).

So, if any general duty be impofed by parliament in refpect to houfes and lands; corporations are liable in respect to their houfes or lands in the fame manner as a private perfon: thus, where a duty was imposed on hearths (b), and officers with a conftable impowered to diftrain, if the party refused to pay the duty by the space of an hour; and by a special verdict in an action of tref pafs, brought by the Ironmonger's Company, it was found that the company were feifed in fee of five meffuages, in which were thirty-five hearths; that the company had never finished the mefluages, but that from the time of building they had flood unoccupied: that the defendants, being lawfully authorised, had demanded the duty of the company, which they refufed to pay, on which the defendants took the diftrefs and kept it till the company paid the duty the general queftion made was, whether the owner of a new house, uninhabited from the time of the building, ought to pay this duty? But no queftion was made, whether as a corporation they were liable to the tax; it was taken for granted, that if any owner would have been liable, they were fo too (c).

On the fame principle, there is no doubt but they are subject to the land tax. So, a corporation seised in fee of lands for their own profit, are, within the meaning of 43 El. c. 2. inhabitants or occupiers of fuch lands, and in refpect of them, liable in their corporate capacity to be rated to the poor (d).

(b) Vid. 16 Car. 2, c. 3.

(a) 2 Inft. 703. (c) Ironmonger's Company v. Naylor. 2 Mod, 185. T. Jones, 85. 1 Ventr. 311. 3 Keb. 719, cited Cowp. 84.

(d) Rex v. Gardner. Cowp. 79.

So,

So, they are fubject to fimilar charges impofed by the common law: thus, a corporation are rateable to the repairs of a church in respect of their corporate lands (a).

So, they may be bound exclufively to the repair of a highway, or of a bridge, or of a creek, by reason of the tenure of certain lands; fo, they may be compelled to do fo, by a general prescription that they have been used to do fo from time immemorial, without an allegation that they used to do so, in respect of the tenure of certain lands, or for any other confideration, because a corporation aggregate, in judgment of law, never dying, if they were ever bound to fuch a duty, they must continue to be fo; neither is it any plea that they have done it out of charity; for it fhall be prefumed they were bound to it for fome good confideration (b).

(a) Thursfield v. Jones. Sir T. Jones, 187.

(b) Vid. 2 Inft. 700. I Hawk. Leach. 369, 443. Cowp. 87. Mayor of Lynn v. Turner.

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