the members of each are the same. "To ascertain whether a charter create a new corporation, or merely continue the existence of an old one, we must look to its terms, and give them a construction consistent with the legislative intent and the intent of the corporators."1

1 Bellows v. President, Directors and Company of the Hallowell and Augusta Bank, 2 Mason C. C. R. 43, 44; Wyman v. Hallowell and Augusta Bank, 14 Mass. R. 58; and see Rex v. Pasmore, 3 T. R. 241, 242, 247, 248, 249.

INDEX.

A.

Page

ABBOT.

His power over the corporate property, at common law

ACADEMIES.

Subscriptions to erection of

Their power to take notes

One trustee of, cannot amove another

ACCEPTANCE (of Charter.)

In what name action must be brought on contracts made by agent

of pleadings in

Corporations may maintain actions for all injuries and

promises

Corporations may sue,

by writ of foreign attachment

in a foreign jurisdiction

in another state

in a foreign court of equity as well as of law

When corporations cannot sue in foreign jurisdiction

Page

ACTION.

-

(continued.)

As to right of corporation created by Congress to sue in fed-

eral courts

may be sued in federal courts

377, 378

400-403

right to sue and be sued not dependent on citizenship of

members

.400-403

As to right of lien corporations to sue in federal courts during

Action against a corporation may be brought by a member 391, 392
Whether corporations of one State can be sued in another 395–399
Corporation, to maintain action, must prove incorporation when,

568-571

625

Liable in another State in admiralty to a proceeding in rem 399, 400
Of action against visiter, for exceeding his jurisdiction
Appearance to action against corporation, how compelled 575-577
(See ASSUMPSIT, ACTION ON THE CASE, EJECTMENT, TRES-
PASS, TROVER.)

AFFIDAVIT.

(See POSSESSION.)

In foreign attachment by corporation, may be made by an agent 379

Of the affidavit upon motion for mandamus

.632, 633

638, 639

Of the affidavit upon motion for mandamus to compel admission

of officer

Of defendant's affidavit upon rule to show cause why manda-

mus should not be granted

Of the affidavits upon which information, in the nature of quo
warranto, is moved

The defendant's affidavits in such case

AGENT.

Agents of corporations, how appointed and empowered

Corporations may contract by agent

Page

710-712
712,

713

183-185,

198, 212, 214, 215, 256-268

Of contracts under the private seals of agents
Appointment of an agent may be presumed
By whom corporate agents may be appointed
Agents to contract cannot contract by sub-agents
Who may be agents

87, 203, 256-258

286-288

215, 268-272

256, 257

256, 257

258-261

Wife agent to make deposits for husband presumed to be agent
to check them out

Banks used as agents for collection of debts, duties, and liabil-
ities of

Directors, &c. sometimes the only agents

Directors to bind corporation must act and contract as prescrib-
ed by charter
Agents of corporations to be paid for their services
Corporation cannot avoid a contract to pay agent by voting that
they are dissolved and surrender to governor of charter
Agents may be appointed without deed

as by vote

Agents to make deed may be appointed without deed

Vote or resolution appointing agent, need not be recorded

311

261-268

261-268

193

268, 269
275-278

The mode by which agents must act or contract, to bind the

Of the mode in which agents must execute a simple contract

Of the mode in which they must execute special contracts 286-288

Notice to agent is notice to corporation, when, and who are