Of the Statutes of Limitation as applicable to Things other than

Land

550

Of the Process (or Writ of Summons); and of its Preparation,

Issue, and Service

560

561

...

...

Of the Appearance of the Defendant, and of Judgments for

Of the Writ of Enquiry on Interlocutory Judgment

Of the Entry of Judgment...

616

616

Of the Times appointed for taking the Divers Steps in an Action

635

CHAP. XV.

OF PROCEEDINGS IN THE CHANCERY DIVISION.

[Revised by T. WILLES CHITTY, Esq.]

(A.) In Actions commenced by Writ of Summons

Of the Process

639

639

Of the Pleadings, and of Absolute and Discretionary Bars

657

CHAP. XVII.

OF PROCEEDINGS AFFECTING THE CROWN.
Revised by T. WILLES CHITTY, Esq.]

Of Injuries by the Crown, and of the Remedy by Petition of

Right...

Of Injuries to the Crown, and of the Remedy by Inquisition or
Inquest of Office...

Of the Remedy by Writ of Extent

PAGE

666

669

672

OF INTERLOCUTORY AND INCIDENTAL PROCEEDINGS, AND

HEREIN OF PREROGATIVE WRITS.

[Revised by T. WILLES CHITTY, Esq.]

Of Interlocutory Orders, and of Motions in Actions
Of Interim Injunctions, and Interim Receivers
Of Discovery and Inspection

Of Prerogative Writs, and of Motions for the same

680

682

683

684

684

685

685

686

690

691

694

697

705

NEW COMMENTARIES

ON

THE LAWS OF ENGLAND.

BOOK IV.

OF PUBLIC RIGHTS-(continued).

PART III.

OF THE SOCIAL ECONOMY OF THE

REALM.

We have now, in our examination of Public Rights, treated successively of the Civil Government and of the Church; but there are certain other institutions which belong equally to the Division of Public Rights. And as these relate immediately to the community at large or to large classes of it, they may without impropriety be comprised under the general name of Social Economy of the Realm. Under this head will be included the system of Local Government, which was brought into existence mainly by statutes of the nineteenth century. For historical and legal reasons, which will appear as the subject unfolds itself, we shall start with the general law of corporations, and then, after a discussion of the commercial bodies which are incorporated under the Companies Acts, we shall proceed to municipal corporations and to other local authorities which have been largely modelled upon the municipal code. In this way a description will be given of the local administration of many important public

CHAPTER I.

OF CORPORATIONS IN GENERAL.

CORPORATIONS are artificial persons, recognized or constituted by the law, and endowed by it with the capacity of perpetual succession (a). They have been created for various purposes, such as the advancement of religion, of learning, and of commerce.

The original invention of corporations is commonly attributed to the antient Romans; and however that may be, they were much developed by the Roman civil law, and were recognized also by the canon law, whence our own spiritual corporations are derived.

[Corporations are, with us, either aggregate or sole. Corporations aggregate consist of many persons united together into one society, of which kind are the mayor and commonalty of a city, the dean and chapter of a cathedral church, and the like. Corporations sole consist of one person only and his successors; of which kind are the monarch, all bishops, all rectors and vicars (b), and the like. As regards a rector or vicar in particular, the endowments of the living are vested in him as for a freehold estate; and this freehold, if vested in him in his natural capacity, would on his death have descended to his heirs, who might or might not have been compellable to convey it to the next incumbent. At the best, the conveyance would have been attended with expense and trouble, to be repeated again and again on every change of incumbent. The law, therefore, has wisely ordained that the parson, quatenus parson, shall never die, any more

(a) Vide sup. vol. 1. pp. 260, (b) Co. Litt. 43 a. 276.