618 CAPE SABLE COMPANY'S CASE.—3 BLAND.

not surely be allowed in any way to cast off their liability and
leave this sheriff's claim unsatisfied. To turn this sheriff over to
his action at law against this company, grounded on their legal
liability, would be to leave him without the least redress; since it
is shewn, that he could not even compel them to answer his de-
mand; as they have no property which could be taken under a dis-
tringas to enforce an answer. Bac. Abr. tit. Corporation, E. 2;
Adliey v. The Whistable Company, 17 Fes. 316; S. C. 1 Meriv. 107.
For it would seem, a corporation divested of the means of answer-
ing the ends of its institution is thereby dissolved. The King and
Queen v. The Mayor of London, 12 Mod. 17; & Ca. 1 Shou-. 274;
Com. Dig. tit. Franchises, (G. 5.)

I am therefore of opinion, that the claim of this petitioner is a
just and legal one; and that upon the equity arising out of the
peculiar circumstances of this case, it is indispensably necessary,
that this Court should take cognizance of it and grant to the peti-
tioner the relief he asks; and that his claim should be paid in pre-
ference to the plaintiffs in the executions, and the Cape Sable
Company, or any of its corporators.

According to the strict principles of the feudal system, the
feudatory was not allowed to alien am land held by him of his
superior; nor could land so held be sold under an execution for
the payment of debts, lest such a sale might be resorted to as an
indirect mode of alienation. But apart from those principles of
feudal law; land, according to all law, at all times, and every
where, appears to have been considered, in this respect, as a spe-
cies of property deserving the most deliberate regard. Not being
capable, like mere perishable movables, of being safely, and with-
out disadvantage, passed at every season, and immediately from
hand to hand; the alienation and transfer of land from one to
another has been every where required to be made and authenti-
cated with a higher degree of solemnity than mere personal estate.
And as agriculture has always been regarded as the first of pur-
suits, and of the highest importance to the commonwealth. Co.
Lift. 85; Vattel, b. 1, c. 7; no compulsory alienation has been al-
lowed to be made, in any case, to the prejudice of husbandry, or
so as to endanger the loss of any then growing crop. Co. Litt. 55;
Land Ho. Assis. 121. For these reasons it seems to have been
every where regarded as a general rule, that land should not be
liable to be taken in execution and sold, where there was a suffi-
ciency of movables to be found for the satisfaction of the debt.
2 Inst. 18, 394; Gilb. Execution, 3; Gilb. Co. Exch. 123; 7 Peters-
dorff's Abr. 527, note; Code Napoleon, by Barrett, Introd. 328: 3
Southern Review, 30, 31; Bowaman v. Reere, Prec. Chan. 577;
Anonymous, 9 Mod. 66. (m) And, following out the reason of this

(m) The English Statute of 1285, (13 Ed. 1, c. 18,) which gave the elegit, by
which all the debtor's personalty, or a moiety of his lands might be taken in