62. 1779. Somerville v. Chapman. Bettesworth v. St. Paul's. 3 Br. pr. ca. 389. posses took it could not take it without deed; also his 1 Bro. Cha. Rep. The act of 13 Eliz. cap 10. authorises hospitals to grant leases for three lives, but the court of Chancery will not compel them to renew leases upon certain terms, under two years reserved rent. The discretion is only, that they should not increase their fines, by taking two years' rent; but not to prevent their taking one year's rent, though it shall amount to more than formerly: for a perpetual renewal upon particular terms, would be equivalent to an alienation. Clark's Case, 26 Eliz. 4 Leon. 11. In preparing leases of corporations and incorporated hospitals, the utmost correctness is necessary in the description of the grantors, according to their incorporate title; all of whom should demise and covenant in their corporate name, and not the masters with the assent of the brothers and sisters, for thev are all one body politic, and no one of them can be separated from the other; and in this respect are very different from joint tenants, who may, by the asscnt of the one, render valid the act, lease, or deed, of the other: but the corporate members of any society cannot be severed, and consent to each others act, but must all act together as one body, or as one person in law and they are, also, different from the ancient monastic establishments, whose abbot or prior granted leases with the assent of his brethren, the monks or friars, for they were dead in law, and could not legally be parties to any lease or public act; but the brothers and sisters in modern corporations are all capable in law. Nor is this case like those of parson, patron, ordinary, where the parson, with consent of the patron and and and ordinary, grant a rent-charge, for the parson is the principal grantor, and the others have not any express interest in the land charged. This doctrine was held by Agliffe, J. and Clench, J. against the opinion of Gawdy, J. the Chief-justice Wray being absent. Case Corporations holding a lease from the crown may Chesterfield's grant under leases, but not the whole of their interest; Cro. El. 35.363. for though the original lease gave them a capacity to take, Cro. Ja. 110. it does not enable them to grant the land to another. Co. Lit. 3. Waller. Lessors or lessees holding official situations, and grant- Clements v. ing leases and covenanting therein, do not bind their 4 Burr. 2155. executors, but successors only, for their interest is merely 9 Geo. 3. that of a life-estate, and besides the rent is reserved payable to their successors, in office, and not to their own representatives; their interest, therefore, ceases with their lives. man. 1807. But it was held in K. B. in a very recent case, that Doe v. Woodthe tenancy of a corporate body may be determined by 8 East. 230. notice delivered to its officers, after which the cattle of either of them feeding on the premises is a trespass, and ejectment lies for the possession against any one in the actual possession, for trespass cannot be maintained against a corporation as such. The officers or plaintiffs as such, not being themselves a distinct corporation, cannot have the possession, whatever they enjoy as such must be in right of the corporation at large; they cannot of themselves have any succession, and consequently cannot, as bailiffs, be affected by the receipts for rents given to their predecessors in office; there is no priority in law between them. It may be proper here to mention some institutions which have been affected by the legislature, or by judi cial determinations respecting their leases. The letters-patent and act for the incorporation of Sut- 22 June, ton's 9 Ja. 1. ton's hospital, on the scite of the ancient Charter-bouse, (instead of Hallingbury Bouchers, in Essex, according to Sutton's first intention) enabled the governors to pur, chase and hold lands for its maintenance for the abiding, dwelling, sustentation, and relief of such numbers of poor people and children, as Sutton during his life, or the governors after his death, should appoint. The whole establishment was freed from all visitation, except by their own appointment. They had power to receive lands and advowsons without any license of pardon for alienation of them, notwithstanding the statute of morts main, and the livings were to be bestowed upon the scholars. The governors were to be incorporated by the title of "The governors of the lands, possessions, revenues, and goods of the hospital of King James, founded in the charter-house, within the county of Middlesex, at the humble petition, and only costs and charges of Thomas Sutton, esq." and to have a common seal for the granting leases and other corporate acts, but no lease of the parsonage at Hallingbury should be made other than such as should determine when the preacher of the hospital, at the date of the lease, should die, or resign, or be removed; which provision secured that benefice to accompany the office of preacher or minister of the hospital; and that they should not make any lease, grant, conveyance, or estate, exceeding the number of 21 years, either in possession, or not above two years before the expira tion of the estate in possession; and whereupon the accustomable yearly rent or more, by the greater part of five years next before the making such lease reserved, due, or payable, should not be reserved, and yearly payable during the continuance of every such lease; and that any increase of the rents or revenues should be employed tq } لا to the maintenance of more, and other poor people to be placed there, or to the further augmentation of the allowances of those persons who should be there; and not be converted or employed to any private use; and to the end, that all suspicion of indirect dealing might be prevented, it expressly provided, that the lands should be leased, demised, granted, or conveyed to any of the governors themselves, or to any persons for their use, although express mention of the yearly value and certainty of the premises be not made, any act or restraint to the contrary; with power to make bye-laws. The livings upon the estate to be presented to the scholars brought up at the hospital, avoiding as much as might be the giving of more benefices than one to any one incumbent. By deed of gift, dated 1 Nov. following, 1611, Sutton granted to 16 persons (the great officers of the realm) all the said manors, lands, advowsons, &c. in trust, to distribute the rents and revenues, for the maintenance and continuance of the hospital and free-school, and of the master, preacher, schoolmaster, usher, poor people, scholars, and officers for the time being, at all times, then, after, for ever, according to the letters-patent, subject to a yearly rent of 12d. Thomas Sutton died at Hackney on 14th Dec. 1611, in the 79th year of his. age; and immediately afterwards his nephew, and heir-at-law, Simon Baxter, brought trespass against the executor of his will, to try the validity of the incorporation, in which he failed.-See Sect. 7. Lukin v. Rush worth. Where a debt is secured by mortgage of a college Finch 393.1678. lease, which is afterwards renewed to another person, and held by him in trust for the benefit of the debtor's family, to the injury of the creditor's security, the court Hodgson v. 10. East. 253. See ante. 71. Pitts v. James. 12 Ja. 1. Hob. 121. will direct the debt to be satisfied out of the whole of the debtor's estate. The act of 15 Car. I. c. 17. for registering leases of Bed. ford Level, was meant for the protection of titles, that leases and conveyances within that district should be registered, that every person interested in the inquiry might know in whom the title to any such land was; and therefore, as against persons who had been deceived by the omission to register, or even as against those who, without being deceived, knew that the act had not been complied with, and relied on it, the legal objection to the lease might prevail at law; but not as between the parties themselves to the lease, between whom the act was not meant to operate. If an hospital be dissolved either by law or by fact, any lease granted under its corporate seal becomes void. This point was settled in the case of Pitts v. James, upon the dissolution of Aberbury's hospital at Donnington, according to the statute of 1 Edw. VI. against superstitious uses; and that ground having been ably considered and explained by Lord Hobart, it may be proper to review the substance of his lordship's determination, after which it will be sufficient merely to refer to the recent case of Atty.-general v. Hicks, wherein the ground of dissolution of an ancient corporation in Cornwall was, the want of objects to fulfil the original foundation, already mentioned amongst the cases under ch. 1. sec. 10. of the doctrine of cy pres. Sir Richard Aberbury, under letters-patent, 16 Rich. II. founded an hospital at his manor of Donnington, in Berks, for certain poor persons to serve God, and to pray for the souls of King Richard and himself, while they lived, and after; and for the souls of the king's progenitors and heirs, and his own ancestors and heirs for ever1 |