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418 MCKIM v. ODOM.
corporations; (h) levy courts; (i) county schools of the provincial
or state government; (j) public colleges; (k) hospitals; (I) trus-
tees of the poor of the several counties; (m) &c.
The second class of corporations are such as have no concern
whatever with the duties of the Republic; nor are in any manner
bound to perform any acts for its benefit; but whose only object
is the personal emolument of its members. The corporators in
such institutions may also, in some sense, be considered as trus-
tees; but then, even in that character, they are the mere factors of
individuals; and, therefore, their resignation or removal cannot
divest or alter any of the rights of the individuals they represented.
Each member of such an aggregation either was a proprietor at
the commencement, or became so during the existence of its in-
corporation; and consequently, unless he has aliened his right,
must continue to be so after its dissolution, A corporation not
being, like a natural person, one of the elements of society, of
which government is formed, can only be considered as a crea-
ture of the law. It is the law alone which gives to it a person-
ality distinct from that of each of its members, and confers on
it the right to act by its president, directors, or agents, in a
manner analogous to that in which the government itself acts
by its regularly constituted functionaries. This individuality of
character, and the right so to act is, then, nothing more than a
portion of the power of the government with which it has been
invested. It is this power which is given by the creation of a
body politic, and which, by its extinguishment, is resumed, and
nothing more; the rights of property vested in its several mem-
bers, in all other respects, remain unaffected by its dissolution.
It is remarkable, that there is no instance of the creation of any
body politic of this description under the provincial government;
but since the establishment of the Republic they have increased
and multiplied to a very large and still rapidly growing family.
The examples of this class of corporations are the insurance com-
panies; (n) the Free Mason societies; (o) the banks; (p) the
manufacturing companies; (q) the library companies; (r) &c.
The third species of corporations partake, in many respects, of
(h) 1708, ch. 7; 1796, ch. 68.—(i) 1804, ch, 73.—(j) 1696,ch. 17; 1723, ch.
19—(k) April, 1782, ch. 8,—(l) 1797, ch. 102; 1816, ch. 156.—(m) 1768, ch,
29; 1785, ch. 15.—(n) April, 1787, ch, 20,—(o) 1821, ch. 147.—(p) 1790, ch. 5—
(q) 1808, ch. 49.—(r)1797, ch. 35.
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