Cases On the General Principles of the Law of Private Corporations

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^ [Foundation and visitation of corporations.] An eleemosynary corpo- ration, then, upon a private foundation, being a private corporation, it is next to be considered what is deemed a foundation and who is the founder. This can not be stated with more brevity and exactness than in the language of the elegant commentator upon the laws of Eng- land: "The founder of all corporations (says Sir William Black- stone), in the strictest and original sense, is the king alone, for he only can incorporat...e a society; and in civil corporations, such as mayor, commonalty, etc., where there are no possessions or endow- ments given to the body, there is no other founder but the king; but in eleemosynary foundations, such as colleges and hospitals, where there is an endowment of lands, the law distinguishes and makes two species of foundation, the one fundatio incipiens. or the incorpora- tion, in which sense the king is the general founder of all colleges and hospitals ; the other fundatio perJicienS^ or the dotation of it, 730 DARTMOUTH COLLEGE V.

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