Blacks Law Dict. 1st ed

CORPORATION

CORPOREAL PROPERTY

279

poratlons are such only as are founded by the gov ernment for public purposes, where the whole interests belong also to the government. If, therefore, the foundation be private, though under the charter of the government, the corporation is private, however extensive the uses may be to which it is devoted, either by the bounty of the founder or the nature and objects of the institu tion. The uses may, in a certain sense, be called "publics," but the corporations are private, as much so, indeed, as if the franchises were vested in a single person. 4 Wheat. 518, 563; 1 Wall Jr. 275. All private corporations are divided into 0oclesiastical and lay; the former are such as are composed of religious persons organ ized for spiritual purposes, or for administer ing property held for religious uses; the lat ter are such as exist for secular or business purposes. Lay corporations are classified as eleemosy nary or civil; the former are such as are created for the distribution of charities or for purposes falling under the head of "charita ble" in its widest sense, e. g., hospitals, asy lums, colleges; the latter are organized for the facilitating of business transactions and the profit of the members. Corporations are also classed as aggregate or sole; as to this division, see CORPORATION AGGREGATE; CORPORATION SOLS. CORPORATION ACT. In English law. The statute 13 Car. II. St. 2, c. 1; by which it was provided that no person should thereafter be elected to office in any corporate town that should not, within one year pre viously, have taken the sacrament of the Lord's Supper, according to the rites of the Church of England; and every person so elected was also required to take the oaths of allegiance and supremacy. 3 Steph. Comm. 103, 104; 4 Bl. Comm. 58. This statute is now repealed. 4 Steph. Comm. 511. CORPORATION AGGREGATE. A collection of several individuals united into one body, under a special denomination, and having perpetual succession under an arti ficial form, and vested by the policy of the law with the capacity of acting in several respects as an individual. Shelf. Mortm. 22; 1 Kyd, Corp. 13; 2 Kent, Comm. 267. An aggregate corporation, at common law, is a •collection of individuals, united into one collective body, under a special name, and possessing cer tain immunities, privileges, and capacities, in its •collective character, which do not belong to the natural persons composing it. It is an artificial person, existing in contemplation of law, and en dowed with certain powers and franchises, which, though they must be exercised through the medi um of its natural members, are yet considered as subsisting in the corporation itself, as distinctly 4» if it were a real personage. 4 Wheat. 518,561.

CORPORATION COURTS. Certain courts in Virginia described as follows: "For each city of the state, there shall be a court called a ' corporation court,' to be held by a judge, with like qualifications and elected in the same manner as judges of the county court." Code Va. 1887, § 3050. CORPORATION SOLE. A corporation consisting of one person only, and his suc cessors in some particular station, who are incorporated by law in order to give them some legal capacities and advantages, par ticularly that of perpetuity, which in their natural persons they could not have had. In this sense, the sovereign m England is a sole corporation, so is a bishop, so are some deans distinct from their several chapters, and so is every parson and vicar. 3 Steph. Comm. 168, 169; 2 Kent, Comm. 273. A corporation sole consists of a single person, who is made a body corporate and politic, in order to give him some legal capacities and advantages, and especially that of perpetuity; as a bishop, dean, etc. 7 Abb. Pr. 134; 22 Pick. 122. CORPORATOR. A member of a corpo ration aggregate. Grant, Corp. 48. CORPORE ET ANIMO. Lat. By the body and by the mind; by the physical act and by the mental intent. Dig. 41, 2, 3. CORPOREAL. A term descriptive of such things as have an objective, material existence; perceptible by the senses of sight and touch; possessing a real body. Opposed to incorporeal and spiritual. There is a distinction between " corporeal" and "corporal." The former term means "possessing a body," that is, tangible, physical, material; the latter means "relating to or affecting a body," that is, bodily, external. Corporeal denotes the nature or physical existence of a body; corporal denotes its exterior or the co-ordination of it with some other body. Hence we speak of "corporeal here ditaments, "butof "corporalpunishment, ""corpo ral touch," "corporaloath, n eto. CORPOREAL HEREDITAMENTS. Substantial permanent objects which may be inherited. The term "land" will include all such. 2 Bl. Comm. 17. CORPOREAL PROPERTY. Such as affects the senses, and may be seen and handled by the body, as opposed to incorpo real property, which cannot be seen or hand led, and exists only in contemplation. Thus a house is corporeal, but the annual rent payable for its occcupation is incorporeal. Corporeal property is, if movable, capable of manual transfer; if immovable, possession of it may be delivered up. Bat incorporeal

Archive CD Books USA