Of Proceeding against Peers and Members of Parliament. the ftatute 12 & 13 W. 3. and as that act made no difference in that refpect, it was held, that the jurisdiction of the King's Bench remained as before. It is however very remarkable, that when the act of king William went to the lords for their concurrence to the proceedings therein, against the members of both houses, by bill and fummons thereon, the lords expunged that part of the clause relating to themfelves being fued by original bill and fummons, and fent back the amended bill to the commons; which afterwards paffed accordingly. Which clearly proves, that the lords, at that time, did not think themselves included therein. The court therefore, relying on their jurifdiction before the ftatute of king William, determined that a peer may be fued by bill in B. R. but as this determination is founded folely on the jurifdiction of the court, and the uniform practice thereof before the ftatute, it may be still a question in the court of Common Pleas, whether a peer can be sued there by original bill and fummons thereon. All the fubfequent proceedings to the declaration against a peer or privileged perfon are the fame as in other cafes, except that their bodies cannot be taken in execution, unless the judgment is obtained upon a statute ftaple, or ftatute merchant, or upon the ftatute of Acton Burnell 11 Edw. 1. and then a capias ad fatisfaciendum lies even against peers of the realm. 135 Of Cozpozations. Of Proceeding by and againft Corporations. C ORPORATIONS aggregate muft fue and be fued by attorney, and therefore the proper process against them is a diftringas. Co. Lit. 66. A corporation cannot be effoined. Dalt. 121. pl. 154. No attachment lies against a corporation. A corporation cannot be declared against as in the cuftody of the marshal. 6 Mod. 183. A corporation cannot fue as a common informer. 2 Stra. 1241. As outlawry does not lie against an aggregate corporation, therefore trefpafs does not lie against them; for a capias and exigent do not go. Bro. Corp. 43: Corporations aggregate cannot diftrain in their own perfons but by their bailiff, therefore replevin does not lie against them by the name of their corporation. Brownl. 175. Corporations cannot fue without their head, or in time of vacation of their headship. Wood's Inftit. 110. Corporations aggregate cannot commit treafon, or be outlawed or excommunicated. 10 Rep. 32. 1 Rep. 127. I Inft. 134. a. or be executors or adminiftrators. Ibid. 'Tho' 1 Roll. Abr. 915. contra, but quære? for they cannot take an oath. They cannot be joint-tenants to, take by survivorships, but they may be tenants in common. Wood's Inftit. 110. They cannot be feized to the ufe of another. Ibid. The members cannot regularly be witneffes for the corporation, especially if they teftify for any confiderable advantage or profit of the body. 2 Lev. 232. 236. 2 Str. 1069. For every member hath a right and freehold for his life as to his freedom, and all the members together have an inheritance in the lands, and an intereft in the goods. If a corporation fue, they must sue in the name of the corporation by an attorney appointed under the feal of the corporation. And if a corporation is fued, it must be fued by its name of incorporation by original writ—and in order to fue a corporation, the plaintiff's attorney must make out a præcipe for an original writ, which original writ must be made out by the curfitor of the proper county, and duly filed with the filazer Of Proceeding by and against Corporations. filazer in B. R. or cuftos brevium in C. B.; on which a fummons must be made out containing the whole cause of action for the fheriff to fummon them; upon which, if they appear, the proceedings are the fame as in other cafes; but their appearance must be by an attorney appointed under the common feal, and not in their own perfons. Bro. Corp. 28. If they do not appear upon the fummons at the return of the original writ, the plaintiff must take out a diftringas, and proceed against them by distress infinite; and it is not fufficient if the particular perfons diftrained upon appear at the return of the procefs. Bro. Corp. 28. or if all the members of the corporation appear in perfon; but they must appear by an attorney appointed under feal. Should the fheriff return but fmall issues on the diftringas, the court, on motion, will order him to return greater. In an action against the Eaft-India Company for 5000 l. it was moved, that the sheriff might return exemplary, iffues, because several writs of diftringas had been already served to no purpose; and the court faid, he should return good iffues; and if he did not, the plaintiff might bring an action against him; but at laft he was ordered to attend. Salk. 191. pl. 2. When a corporation is once brought into court, the subfequent proceedings are the fame as in other cafes. Of Hundredo2S. Of Proceeding against Hundredors. F an action be commenced against hundredors, the fuit in B. R, as well as in C. B. must be by original, for the inhabitants of an hundred cannot be in the cuftody of the marfbal. 3 Keb. 126. 2 Saund. 375. 4 Mod. 296. To proceed against an hundred on the ftatute of hue and ery. 13 Ed. 1. the plaintiff muft take out his original writ, which must be tefted forty days after the robbery; [which forty days are allowed for the hundred to take the thieves by the ftatute of Winton. R. 3 Lev. 320.] and within a year after the robbery. R. I Brownl. 156. The original writ ufually recites the ftatute. Th. Br. 141. 2 Saund. 374. 4 Mod. 296. 1 Bro. Ent. 99. But the recital of the ftatute is not neceffary; though it must state the circumstances of the robbery, and the plaintiff's compliance with the ftatutes *, viz. that he made hue and cry, gave notice of the robbery, defcribed the felons, the time and place of the robbery; that within twenty days he caufed notice thereof to be given in the London Gazette, defcribed the robbers and robbery therein; that he entered into bond before the sheriff to the high contable of the hundred, with condition for the fecurity of the cofts in cafe of being nonfuited, difcontinuing, &c. that twenty days before the iffuing of the writ, he made oath before a justice, that he did not know the parties who robbed him, and that the inhabitants of the hundred have not taken the robbers, &c, The process ferved is a copy of the original writ, which procefs formerly used to be ferved on fome inhabitant of the hundred. But by the 8 Geo. 2. c. 16. It is enacted, "That No procefs for appearance in any action to be brought upon the ftatutes of hue and cry, or either of them, against any hundred, shall be served on any inhabitant thereof, fave only upon the high conftable, or high conftables, of the hundred wherein the robbery fhall happen, who is required to cause publick notice thereof to be given in one of the principal market towns within fuch hundred, on the next market-day after he or they fhall be ferved with fuch *The ftatute of Winchester, 13 Edw. 1. c. 1. is explained and enforced by feveral fubfequent ftatutes, viz. 27 El. c. 13. 29 Car. 2. c. 7. 8 Geo. 2. c. 16. 22 Geo. 2. c. 24. process; Of Proceeding against Hundredors. procefs; or, if there fhall happen to be no market-town within the hundred, then in fome parifh-church within the fame hundred, immediately after divine service, on the Sunday next after his or their being ferved with fuch process; and he or they is and are hereby impowered and required to enter, or caufe to be entered, an appearance in the faid action, and also defend the fame for and on behalf of the inhabitants of the faid hundred, as he or they fhall be advised. The declaration must be against the inhabitants of the hundred generally; for if it is against any by name, and all are not named, it will be bad. R. 2 Keb. 126. The declaration need not recite the original at large, Reg. 1654. Mills 26. nor more of the ftatute than is pertinent to the action. 2 Ventr. 215. and must conclude contra formam ftatuti, i. e. the ftatute of Winton, for contra formam ftatutorum is bad, Yelv. 116. If the defendants plead, and there is an iffue, the venire facias fhall be awarded to the next hundred. Thef. Brev. 144. quær. for fince the 24 Geo. 2. c. 18. f. 3. it seems the venire fhould be awarded de corpore comitatus, except the hundred against which the action is brought. If judgment be given against the hundred, the fheriff, &c. upon receipt of any writ of execution against any inhabitant, instead of serving the fame, fhall caufe the fame to be fhewn gratis to two juftices of the county, riding, or divifion, [whereof one to be of the quorum] who are to cause such taxation and affeffment to be made, and to be levied, according to the 27 Eliz. [viz. by the conftables, &c. rateably and proportionably, &c.] in which taxation and affeffment there fhall be provided and included, over and above what the cofts and damages recovered by the plaintiff in fuch action fhall amount to, all fuch juft and neceffary expences which the high conftable of the hundred hath been at in defending fuch action, claim being made thereto by fuch high conftable, before the faid juftices, upon due notice for that purpose given him; and the money, so to be levied, to be paid over by fuch conftable, &c. within ten days after collection, to the fheriff of the county, to the use of the plaintiff in fuch action, for fo much as his cofts and damages recovered fhall amount unto, and to the use of the faid high conftable, for fo much as his expences in defending the faid action fhall amount to, of which he shall give an account, and make proof thereof upon oath, to the fatisfaction |