to any corporation fpiritual or temporal, this was not against the ftatutes, because it might be lawfully done by licence to alienate in mortmain and writ of ad quod damnum (a). AFTER the diffolution of monaftries under Henry 8 (b), though the policy of the next popish fucceffor affected to grant a fecurity to thofe who had obtained grants of abbey lands, yet, in order to regain fo much of them as the zeal or timidity of their poffeffors might induce them to part with, the ftatutes of mortmain, as far as they related to fpiritual corporations, were fufpended for twenty years, and free liberty was given (c) during that period, to those who were feifed in fee fimple in poffeffion, remainder, or reverfion in their own right, of any manors, lands, tenements, parfonages, tithes, portions, penfions, or other hereditaments, not being copyhold, to convey them by feoffment, grant, or any other affurance, or to bequeath them, by laft will and teftament in writing, to any fpiritual body politic or corporate then erected or founded, or thereafter to be erected or founded, without any licence of mortmain or writ of ad quod damnum. IT has alfo been thought neceffary at feveral fubfequent periods, in particular cafes, to a certain extent to dispense with thefe refraining ftatutes. Thus by the ftatute of 39 El. c. 5, all corporations eftablifhed by virtue of that act (d), are enabled to take, without licence in mortmain or writ of ad quod damnum, manors, lands, tenements, and hereditaments, being freehold, fo that the fame should not exceed the yearly value of 200l. above all charges and reprises, to any one fuch corporation. So, the corporations established by the 13 and 14 of Charles the second, c. 12, for the relief of the poor, are enabled by the fame act, without licence of mortmain, to purchase or receive any lands, tenements, or hereditaments, not exceeding the yearly value of 3000l. AND by the ftatute 17 Car. 2, c. 3, made for uniting churches in cities and towns corporate, it is provided (a) that every owner or proprietor of any impropriation, tithes, or portion of tithes, in any parish or chapelry within England or Wales, may annex the fame, or any part thereof, to the parfonage or vicarage of the parish church or chapel where they lie, or fettle the fame in trust for the benefit of the parfonage or vicarage, or of the curates there fucceffively, where the parfonage is impropriate and no vicar endowed, without any licence in mortmain. AND if the fettled maintenance of parfonages, vicarages, churches, and chapels, united by virtue of the fame act, or of any other parfonage or vicarage with cure, within England or Wales, fhould not amount to the full sum of 100l. per annum, above all charges and reprises; then the parfon, vicar, and incumbent, and his fucceffors, are enabled (b), without licence in mortmain, to take, receive, and purchase lands, tenements, rents, tithes, or other hereditaments, to him and his fucceffors. Ir may be observed, that none of the statutes of mortmain limit the extent to which a corporation may purchase lands; but that the object of all of them is to prevent a corporation from making any purchase without previous licence; with the King's licence therefore, as the law at prefent ftands, corporations may, in general, purchase (a) S. 7. (b) S. 8. Vid. ft. 29 Car. 2, c. 8, an act made to give effect to the provisions of the former ftatute. lands to any extent they please: but when corporations are erected by act of parliament, for fome particular purpofe, it is frequently thought prudent to prohibit them, by an exprefs claufe, from purchafing lands beyond a certain annual value; thus, each of the two companies (a) for infuring fhips, erected by ftatute 6 G. 1, c. 18, have by a particular claufe power to purchase lands, meffuages, or tenements, not exceeding the value of 1000l. per annum. So, the Eaft India company, by ft. 2 G. 2, c. 14. f. 149 are restrained from enjoying or poffeffing, at any one time, any messuages, lands, rents, tenements, or hereditaments, in Great Britain, exceeding in the whole the yearly value of ten thousand pounds. Many other examples might be given of the fame kind, It is likewife to be obferved, that the statutes of mortmain make no mention of perfonal property, and therefore the power of corporations aggregate, in general, to take fuch property, remains unlimited: but many particular corporations, established by act of parliament for some particular purpose, are limited in this refpect as well as in their power to purchase lands. If a feoffment or grant be made by deed, to a mayor and commonalty, or to a dean and chapter, or to any other corporation aggregate of many perfons capable, they have a fee fimple without the word "fucceffors," because in judgment of law they never die (b). Bur, according to Lord Coke, land given to a corporation aggregate of one perfon capable, and many incapable, as, to an abbot and convent, or prior and convent, without the word "fucceffors," would not have paffed in fee (a) The governor and company of the Royal Exchange affurance; and governor and company of the London affurance. (b) Co. Lit. 9. b. fimple, - 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 supported by the authorities, nor by the reason of the thing not by the authorities; for there are cases in the year books which juftify the contrary conclufion: 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 refervation of rent, expreffed "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 reafon 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 houfe, 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 bifhop 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 simple, 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 persons 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 respect to the force of the word "fucceffors," a diftinction is inade between the cafe where there is fuc (d) Vid. Hargrave and Butler's notes to Co. Lit. 94. b. (c) 20 H. 6, 8. (f) Co. Lit. 9. b. ceffion ceffion in one with feveral others, and that where there is fucceffion in one perfon, in right of feveral 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 fhould 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, à 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 reafon 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 |