Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/492

 476 And this right of making by-laws for their own government, not contrary to the law of the land, was allowed by the law of the twelve tables at Rome. But no trading company is, with us, allowed to make by-laws, which may affect: the king's prerogative, or the common profit of the people, under penalty of 40𝑙. unles they be approved by the chancellor, treaurer, and chief jutices, or the judges of aie in their circuits: and, even though they be o approved, till if contrary to law they are void. Thee five powers are ineparably incident to every corporation, at leat to every corporation aggregate: for two of them, though they may be practied, yet are very unneceary to a corporation ole; viz. to have a corporate eal to tetify his ole aent, and to make tatutes for the regulation of his own conduct.

are alo certain privileges and diabilities that attend an aggregate corporation, and are not applicable to uch as are ole; the reaon of them ceaing, and of coure the law. It mut always appear by attorney; for it cannot appear in peron, being, as ir Edward Coke ays, inviible, and exiting only in intendment and conideration of law. It can neither maintain, or be made defendant to, an action of battery or uch like peronal injuries; for a corporation can neither beat, nor be beaten, in it's body politic. A corporation cannot commit treaon, or felony, or other crime, in it's corporate capacity : though it's members may, in their ditinct individual capacities. Neither is it capable of uffering a traitor's or felon's punihment, for it is not liable to corporal penalties, nor to attainder, forfeiture, or corruption of blood. It cannot be executor or adminitrator, or perform any peronal duties; for it cannot take an oath for the due execution of the office. It cannot be eied of lands to the ue of another ; for uch kind of confidence is foreign to the end of Rh