law, is that of Mr. Kyd, published in London in 1793. The author just named assumed to treat generally of the law of corporations; but his work, for the reasons referred to, is chiefly made up of authorities and precedents that relate to municipal institutions; and yet, by reporting adjudged cases at length, he has swelled his work into two considerable octavo volumes. The production of Mr. Kyd is very far from meeting the wants of the profession in America at this day; first, because it is confined principally to municipal corporations; secondly, because corporation law had not attained its present perfection in England, when Mr. Kyd wrote; and, thirdly, because important changes, both silent and declaratory, have been made in this country, as regards the law of private corporations. It has long been the aim of our courts to apply the old principles of the common law upon the subject of corporations, with such modifications as are suited to the views of an en lightened age. "With the multiplication of corpora tions," says one of the judges of a sister State," which has and is taking place to an almost indefinite extent, there has been a corresponding change in the law respecting them;" and he adds, that "this change of law has arisen from that silent legislation by the people themselves, which is continually going on in a country such as ours, the more wholesome, because it is gradual, and wisely adapted to the peculiar situation, wants, and habits of our citizens." 1 1 Rogers, J. in Bushel v. Commonwealth Insurance Co. 15 Serg. & Rawle (Penn.) R. 176, 177. Mr. Kyd's work remained for a long time the only English work upon the subject. In 1827, appeared the treatise of Mr. Willcock, which is more limited in its plan than the former; it is not only confined to municipal corporations, but the author avows, that he does not pretend to consider the power of a corporation to take, hold, and transmit property, make contracts, &c. As far as the treatise of Mr. Willcock goes, it is very faithfully prepared; and we cannot, in justice, refrain from conceding the obligations we owe him for references to English authorities upon the subjects of mandamus and quo warranto, the disfranchisement and amotion of members and officers, and the concurrence required to do corporate acts. PROVIDENCE, R. I., Nov. 11, 1831. 6. Legislative power to create may be delegated, 7. Of the evidence of the intention of the government to create OF THE ADMISSION AND ELECTION OF MEMBERS AND OFFICERS. 1. In joint stock corporations rights of membership incident to 3. Power of admission of certain officers given to a select 4. No election to office before a vacancy, 5. Time of election and presence of the elected, 8. As to the complete qualification of persons assuming to 9. Irregular elections and improper votes, 10. Void and voidable elections, 11. Acts of persons acting as officers de facto, 1. Of the common law power of a corporation aggregate to take, hold, and transmit in succession, property, real and 1. Restrained by statutes of mortmain, 2. Restrained by particular provisions of the charter, 2. Of the power of corporations, in one State, to take and hold 3. When, and how far a corporation may hold property in trust, 124 4. Of grant of lands, &c. to a corporation, by charter, as dis- tinguished from mere incorporation, 3. Of such grants to a corporation in the vacancy of the 6.1. Of bequests and devises to a corporation, 2. Of devises of an use to a corporation, in those States where bodies politic are excepted from the statutes Of the power of chancery to support devises to a corpora- tion for charitable uses, independent of the statute of char- b |