BOOK 11. foil, may bring an action of trespass against fuch as dig and difturb it: and, if any one in taking up a dead body steals the fhroud or other apparel, it will be felony"; for the property thereof remains in the executor, or whoever was at the charge of the funeral (4). BUT to return to heir-looms: thefe, though they be mere chattels, yet cannot be devifed away from the heir by will; but fuch a devife is void", even by a tenant in fee-fimple. For, though the owner might during his life have fold or difpofed of them, as he might of the timber of the estate, since, as the inheritance was his own, he might mangle or difmember it as he pleased; yet, they being at his death instantly vefted in the heir, the devife (which is fubfequent, and not to take effect till after his death) fhall be poftponed to the custom, whereby they have already defcended. m 3 Inft. 110. 12 Rep. 113. 1 Hal. P. C. 515. n Co. Litt. 185. (4) It has been determined, that ftealing dead bodies, though for the improvement of the fcience of anatomy, is an indictable offence as a misdemeanour; it being a practice contrary to common decency, and fhocking to the general fentiments and feelings of mankind. 17. R. 733. CHAPTER THE TWENTY-NINTH. OF TITLE BY SUCCESSION, MARRIAGE AND JUDGMENT. IN N the prefent chapter we fhall take into confideration three other fpecies of title to goods and chattels. V. THE fifth method therefore of gaining a property in chattels, either personal or real, is by fucceffion: which is, in ftrictness of law, only applicable to corporations aggregate of many, as dean and chapter, mayor and commonalty, master and fellows, and the like; in which one fet of men may, by fucceeding another fet, acquire a property in all the goods, moveables, and other chattels of the corporation. The true reafon whereof is, because in judgment of law a corporation never dies: and therefore the predeceffors, who lived a century ago, and their fucceffors now in being, are one and the fame body corporate. Which identity is a property fo inherent in the nature of a body politic, that, even when it is meant to give any thing to be taken in fucceffion by fuch a body, that fucceffion need not be expressed: but the law will of itself imply it. So that a gift to fuch a corporation, either of lands or of chattels, without naming their fucceflors, vefts an abfolute property in them fo long as the corporation fubfifts". a 4 Rep. 65. And thus a leafe for years, an obliga b Bro. Abr. t. eftates. 90. Cro, Eliz. 464. tion, a jewel, a flock of fheep, or other chattel intereft, will veft in the fucceflors, by fucceffion, as well as in the identical members, to whom it was originally given. BUT, with regard to fole corporations, a confiderable diftinction must be made. For if fuch fole corporation be the reprefentative of a number of perfons; as the master of an hospital, who is a corporation for the benefit of the poor brethren; an abbot, or prior, by the old law before the reformation, who represented the whole convent; or the dean of fome antient cathedral, who ftands in the place of, and reprefents in his corporate capacity, the chapter; fuch fole corporations as thefe have in this refpect the fame powers, as corporations aggregate have, to take perfonal property or chattels in fucceffion. And therefore a bond to fuch a maf ter, abbot, or dean, and his fucceffors, is good in law; and the fucceffor fhall have the advantage of it, for the benefit of the aggregate fociety, of which he is in law the reprefentative. Whereas in the cafe of fole corporations, which reprefent no others but themfelves, as bifhops, parfons, and the like, no chattel intereft can regularly go in fuccession: and therefore, if a leafe for years be made to the bishop of Oxford and his fucceffors, in fuch cafe his executors or adminiftrators, and not his fucceffors, thall have it. For the word fucceffors, when applied to a perfon in his political capacity, is equivalent to the word heirs in his natural; and as fuch a leafe for years, if made to John and his heirs, would not veft in his heirs but his executors; fo if it be made to John bishop of Oxford and his fucceffors, who are the heirs of his body politic, it fhall ftill veft in his executors and not in fuch his fucceffors. The reafon of this is obvious: for, befides that the law looks upon goods and chattels as of too low and perishable a nature to be limited either to heirs, or fuch fucceffors as are equivalent to heirs; it would also follow, that if any fuch chattel interest (granted to a fole corporation and his fucceffors) were allowed to defcend to fuch fucceffor, the property thereof must be in abeyance from the Dyer 48. Cro. Eliz. 464. & Co. Litt. 46. death death of the prefent owner until the fucceffor be appointed : and this is contrary to the nature of a chattel intereft, which can never be in abeyance or without an owner; but a man's right therein, when once fufpended, is gone for ever. This is not the cafe in corporations aggregate, where the right is never in fufpence; nor in the other fole corporations beforementioned, who are rather to be confidered as heads of an aggregate body, than fubfifting merely in their own right: the chattel' intereft therefore, in fuch a cafe, is really and fubftantially vested in the hofpital, convent, chapter, or other aggregate body; though the head is the vifible perfon in whose name every act is carried on, and in whom every interest is therefore said (in point of form) to veft. But the general rule, with regard to corporations merely fole, is this, that no chattel can go to or be acquired by them in right of fucceflion f. YET to this rule there are two exceptions. One in the cafe of the king, in whom a chattel may veft by a grant of it formerly made to a preceding king and his fucceffors. The other exception is, where, by a particular custom, fome particular corporations fole have acquired a power of taking particular chattel interefts in fucceffion. And this cuftom, being against the general tenor of the common law, must be ftrictly interpreted, and not extended to any other chattel interefts than fuch immemorial ufage will ftriatly warrant. Thus the chamberlain of London, who is a corporation fole, may by the custom of London take bonds and recognizances to himself and his fucceffors, for the benefit of the orphan's fund but it will not follow from thence, that he has a capacity to take a leafe for years to himself and his fucceffors for the fame purpofe; for the custom extends not to that: nor that he may take a bond to himself and his fucceffors, for any other purpose than the benefit of the orphan's fund; for that alfo is not warranted by the cuftom. Wherefore, upon the whole, we may clofe this head with laying down this ge e Brownl. 132. f Co. Litt. 46. g Ibid. 90. 4 Rep. 65. Cro. Eliz. 682. neral neral rule; that fuch right of fuccellion to chattels is univerfally inherent by the common law in all aggregate corporations, in the king, and in fuch fingle corporations as represent a number of perfons; and may, by special cuftom, belong to certain other fole corporations for fome particular purpofes: although, generally, in fole corporations no fuch right can exift. VI. A SIXTH method of acquiring property in goods and chattels is by marriage; whereby thofe chattels, which belonged formerly to the wife, are by act of law vefted in the husband, with the fame degree of property and with the fame powers, as the wife, when fole, had over them. THIS depends entirely on the notion of an unity of perfon between the hufband and wife; it being held that they are one perfen in law, fo that the very being and exiftence of the woman is fufpended during the cover. ure, or entirely merged or incorporated in that of the husband. And hence it follows, that whatever perfonal property belonged to the wife, before marriage, is by marriage abfolutely vefted in the husband. In a real eftate, he only gains a title to the rents and profits during coverture: for that, depending upon feodal principles, remains entire to the wife after the death of her husband, or to her heirs, if fhe dies before him; unless by the birth of a child, he becomes tenant for life by the cur tefy. But, in chattel interefts, the fole and abfolute property vests in the hutband, to be difpofed of at his pleasure, if he chufes to take poffeflion of them: for, unlefs he reduces them to poffeffion, by exercifing fome act of ownership upon them, no property vefts in him, but they fhall remain to the wife, or to her reprefentatives, after the coverture is determined (1). iSee book I. c. 15. (1) If he affigns her chofes in actions for a valuable confideration in her lifetime, and the furvives, fhe is bound only to the amount of the confideration, and the refidue furvives to her. 1 Atk. 207. Cox's P. Wms. 380. Eat if the hufband before marriage makes a fettle |