404 McKIM c. ODOM.—3 BLAND.

After an appeal had been taken, the plaintiff, on dismissing his appeal, al-
lowed to amend his bill, on which a new injunction was granted on teems.

Three kinds of corporations, in reference to their objects; the nature of each
considered.

Public corporations, having neither power nor property for the purposes of
personal aggrandizement, can only be considered as auxiliaries of the
Government, and consequently as the deputy trustees and servants of
the people. (b)

Such corporations are subject to the absolute control of the Government,
and the right to establish, alter or abolish them follow s from their
character as mere municipal regulations, (c)

How a corporation may sue or be sued: and to what actions it may be liable.

The proceedings against a corporation to enforce an answer, or obedience to
a decree.

The proceeding by publication, on the ground that the defendant does not
reside in the State, does not apply to those, such as mariners, who are
temporarily absent in their vocation.

There can be no substituted service of a subpoena to answer an amended
bill upon a solicitor, as against a resident defendant.

THIS bill was filed on the 23d of June, 1827, by William S.
Moore and John McKim, Junior, against John Odom, George Law,
William G. Harrison, William F. Anderson, and the President
and Directors of the Franklin Bank of Baltimore. The bill states,
that the plaintiff' Moore and the defendant Odom. being joint and
equal owners of the schooner Beauty, sent her on a voyage from
Baltimore to Montevideo, under Odom as master; that, for the
better management of the concerns of their vessel, they employed
the defendants Law & Harrison, then partners in trade, as her
ship's husband; that it was agreed by these owners, before their
vessel sailed, that she might be sold, and she was sold accord-
ingly, at Montevideo, for about $12,000; and there were remitted
in specie, by the United States ship Cyane, as a part of the pro-
ceeds of sale, about $9,000, will a bill of lading for the defendant
Law; * that on the 10th of April, 1826, the plaintiff Moore
408 assigned all his interest in the schooner and her earnings to
the plaintiff McKim, of which Law was duly notified; that after-

(b) Affirmed in Baltimore v. Reynolds, 20 Md. 14. See State v. B. B. Co. 12
G. & J. 400, note (c.)

(c) Approved in Laramie County v. Albany County, 92 U. S. 310, where it
was held that unless the Constitution of a State, or the organic law of a
Territory, otherwise prescribes, the Legislature has the power to diminish
or enlarge the area of a county, whenever the public convenience or neces-
sity requires. In Mount Pleasant v. Beckurith, 100 U. S. 514, it was held that
where a municipal corporation is legislated out of existence and its territory
annexed to other corporations, the latter, unless the Legislature otherwise
provides, become entitled to all its property and immunities, and severally
liable for a proportionate share of its then subsisting legal debts, and vested
with its power to raise revenue wherewith to pay them by levying taxes
upon the property transferred and the persons residing thereon.