were incorporated; for if the name be proper for a corporation, that argues that they are a corporation; but on the general iffue pleaded by the defendant, it is said, the plaintiffs must prove that they are (a). AND an action may be supported in England by a foreign corporation, in their corporate name and capacity; and in pleading it is not neceffary that they should set forth the proper names of the perfons who compofe the corporation, or to fhew how they were incorporated or privileged; though on trial, on the general iffue, they must prove that by the law of the foreign country they were effectually created a corporation (b). BUT in justifying a trefpafs committed in the affertion of a franchise or privilege of a corporation, it is frequently neceffary to fhew not only the existence of a corporation, but the manner in which it claims to be fo, whether by prescription, by charter, or by act of parliament; and the juftification muft extend to the whole of the act, which is the subject of complaint: thus, if a defendant in an action of trefpafs, justify a feifure for toll in right of a corporation, he must shew the title of the corporation by prescription or grant; if by prescription he must fhew that they are a corporation by prescription, for a corporation created within time of memory, cannot claim any thing by prescription, because prescription implies a right existing beyond time of memory: if he say, that he detained the goods seised till toll and charges were paid, and only fhew a title to diftrain, that will not be fufficient; he must prescribe to diftrain, and detain the goods diftrained till the toll and charges are paid (c). (a) Hob. 211. 2 Ld. Raym. 1535. (b) Dutch West India Company v. Henriques Van Moyfes. z Ld. Raym. 1535. (c) Pitts v. Gainee and Forefight. 1 Ld. Raym. 558. 1 Salk. 10. In pleading a corporation by prescription, it is fufficient to use such words as neceffarily imply the existence of a corporation from time immemorial; thus, "a certain hofpital of Saint Mary of Bristol of a master and convent from time, &c. has been incorporated by the name of Master and Convent of the hospital of Saint Mary of Bristol:" or "the Warden and Vicars of the college of vicars in the choir of Hereford, are and from time, &c. have been incorporated by the name of Warden and Vicars, of the college of vicars, in the choir of Hereford," or thus, "the Master of the hofpital of Burton Saint Lazarus, fays, that he and all his predeceffors, mafters of the hospital aforefaid, from time, &c. have been called and known, as well by the name of Masters of the hofpital of Saint Lazarus of Burton, of the order of Saint Lazarus of Jerufalem, in England, as by the mame of Mafters of Burton Saint Lazarus of Jerufalem in England" (a): or, in more moderen terms, "the city of Litchfield is, and from time, &c. has been an ancient city, and the citizens and freemen of the fame city ufing and exercising the mystery or occupation, &c. within the fame city of Litchfield, and the liberties thereof, from time, &c. have been and still are one body politic in deed, fact and name, by the name of, &c.” (b). - day of in the year THE pleading of a corporation by letters patent may be thus: "On the of the reign of late King of England, the faid Sovereign Lord · by his letters patent, fealed with his great feal of England, bearing date at Westminster, in the county of Middlesex, on the fame day and year aforefaid, of his special favour, declared, ordained and granted for himfelf, his heirs and fucceffors, that the city of Bristol, from thenceforth, should be and remain for ever a city incorporated, and a county of itself; and that the citizens and inhabitants of the faid city and their fucceffors from thenceforth, for ever, should be one body corporate and politic in deed, fact and name, by the name of Mayor, Burgeffes, and Commonalty of the city of Bristol aforefaid" (a). IN pleading either a corporation by prescription or by charter, it is unnecessary to mention any of the powers which are incident to them as a corporation, as the power of pleading and being impleaded, of granting and purchasing; because these are neceffarily implied (b). They are, however, frequently added (c). WHEN the name of a corporation by prescription has been changed by charter, and a prefcription is to be laid in them for fomething to which they were intitled before the change of the name, the manner of pleading it may be thus: "The borough of Derby, in the county of Derby, is an ancient borough, and the burgeffes of the faid borough from time, &c. until the day of in the year of the reign of the Lord Charles the first, late King of England, were one body corporate and politic, by the name of Bailiffs and Burgeffes of the borough of Derby day of in the faid -and on the faid year of the faid Lord Charles the firft, late King of England; the fame Lord. the King Charles the firft, by his letters patent, &c. conftituted and created the bailiffs and burgeffes of the borough aforefaid, to be from thenceforth, for ever, a corporation, by the name of Mayor and Burgeffes of the borough of Derby and the fame John further faith, that the bailiffs and burgeffes of the borough aforefaid, from time, &c. until the day, &c. aforefaid, and the mayor and burgeffes (b) 10 Co. 29 b. 30 a. (a) Lutw. 1330. . (c) Vid. Lutw. 1321, 1330. of of the fame borough on the aforefaid tinually afterwards, hitherto have had day, &c. and con -" (a). OR thus: "the town of Wallingford is and from time, &c. has been an ancient borough, and the men and inhabitants of the fame town, from time, &c. until the - day of have been a body corporate and politic in deed, fact, and name, and by divers letters patent of divers Kings and Queens of the kingdom of England at different times confirmed, as well by the name of Burgeffes of Wallingford, as by the name of Mayor, Burgeffes, and Inhabitants of the town of Wallingford, and alfo by the name of Mayor, Burgeffes, and Commonalty of the borough of Wallingford, and alfo by the name of Mayor, Aldermen, and Burgeffes of the borough of Wallingford; and the men and inhabitants of the fame borough from time to time, during all the time aforefaid, by the feveral names aforefaid, until the day of aforefaid, have had and have been ufed and accustomed to have a certain antient market within the borough aforefaid, held, &c. and on the faidday of in the year aforefaid, the faid late King Charles the fecond, by his letters patent, &c. of his special favour, &c. granted for himfelf and his fucceffors, that the burgeffes and inhabitants of the faine borough from thenceforth, for ever after, fhould be in fact and in name one body corporate and politic by the name of Mayor, Aldermen, and Burgeffes of the borough of Wallingford and the fame late King, by the fame letters patent, for him felf, his heirs and fucceffors, granted and confirmed to the faid mayor, aldermen and burgeffes, and their fucceffors, that from thenceforth, for ever, they should have and hold one market in the fame man ner, &c. ·" (b). (a) 1 Saund. 340. (b) Lutw. 1498, 1499• OR, OR, in more modern terms, thus: "Whereas the city of London is, and from time, &c. has been an ancient city; and the citizens of the faid city, during all the time aforefaid, have been a body corporate and politic in deed, fact, and name, by divers names of incorporation, and for divers, to wit, fifty years laft paft, have been a body politic and corporate, by the name of the mayor, commonalty, and citizens of the city of London:" (a) IF a corporation, confifting of many perfons capable, claim any thing by prescription, in their general corporate right, they muft prefc ribe in them and their fucceffors, and not in the fucceffors of their head; thus, in the cafe of dean and chapter claiming an annuity, seifin must be alleged in fuch a one, dean, and the chapter, predeceffors of the prefent dean and chapter, and not in the predeceffors of the dean only; though the corporation being intire and perpetual, cannot in ftrict technical propriety have fucceffors or predeceffors. (b) If the head of a corporation, being fole seised of land in right of his headship, be fued in trespass for an entry into that land, he must not, in justifying his entry, barely state that fuch a one, his predeceffor, was feifed of the land as parcel of his fole estate, and died, after whose death, he entered and was seised in right of his headship: but he muft fhew the existence of the corporation, and the manner in which the head is appointed; then allege seisin in his predeceffor, his death, and the manner in which he was himself appointed his fucceffor, and his fubfequent entry in his corporate capacity; for without all these circumstances he cannot make a complete title to enter. (c) But (a) 1 H. Black. Rep. C. B. 210. (b) 39 H. 6, 13, 14. (c) 34 H. 6, 27. Bro. Act. fur le Stat. pl. 9. Corp. et Capac. pl. 7. |