So, if it has a power by prescription, &c. the corporation ought to shew that it has used to remove; for it is not sufficient to say, that they are always removable. Sti. 479, 480. If a freeman, or officer, in a corporation be amoved, &c. without cause, a mandamus lies. Vide Mandamus, (A.) (G) Franchises, how destroyed. (G 1.) By re-union to the crown. If franchises and liberties are granted by the king, which were before in esse, as flowers of his crown, and afterwards by escheat, surrender, or otherwise come back to the crown, they are re-united to the crown, and the king has them in jure corona, as before. R. 9 Co. 25. b. Vide Liberties, (C 1, 2.) As, if the king grants bona felonum, &c. to an abbot, and his possessions are given to the king by the st. 27 H. 8. or 32 H. 8. the king is seised again of the same things, as before, in jure corona. 9 Co. 25. b. So, a common in gross. Jon. 285. So, a liberty to be quit of swanimote; or other liberties in the nature of purveyance. Jon. 270. So, if liberties, franchises, &c. which were appendant to a manor, as wrecks, waifs, estrays, &c. come with the manor to the king; the appendancy is extinct, and the king is seised of them, as before, in jure coronæ. 9 Co. 25. b. Cro. El. 591. 1 And.87. So, if liberty to hunt within a forest be granted to an abbot, who has the manor of W. and the manor comes to the king; the liberty shall be extinct. Jon. 286. But if franchises, liberties, &c. created de novo by the king, come back to the crown; they are not merged, or extinguished in the crown. 9 Co. 25. b. 1 And.87. As, a fair, or market, with toll, &c. for the king would lose them for ever, if they should be extinguished. R. Cro. El. 592. A park, warren, &c. Cro. El. 592. If a lieutenant of the king's chace has title by prescription to hunt within the manor of S. as in the purlieu of the chace; if the manor comes to the king, and afterwards is regranted, the liberty to hunt there is not extinct. R. Dy. 327. a. If a hundred is severed from the county before the st. 14 Ed. 3. 9. and afterwards comes back to the crown; it shall not be extinct. Dub. 3 Mod. 200. If a liberty to have a swanimote court held in his manor be granted; it shall not be extinguished, if the manor comes to the king, and is afterwards regranted. Jon. 286. (G 2.) By surrender. A surrender of a charter by writing shall be void, if it be not inrolled. R. 1 Sal. 191. Salk. 425. 1 Kyd, 450.-- 3. And, in the case where a resignation ought to be by deed, it is sufficient, in legal proceedings, to say, that the party resigned, or that he resigned in due form, without shewing that it was by deed; for if that be necessary, it is implied. 1 Sid. 14. Ld. Raym. 564, 1 Lutw. 405. 1 Kyd, 450. Every surrender of their liberties, &c. does not dissolve the corporation. Semb. 2 Mod. Ca. 361. If a surrender of a charter be void; a new grant in consideration of such surrender, shall be also void. And if the old members act by themselves, after the new charter, and by colour thereof: their acts shall be good, in respect of their antient right. R. 1 Sal. 191, But, after a new charter upon a void surrender, if the old members join with those, who have no authority but by the new charter; their acts will be void, though the old members are the majority. R. 1 Sal. 191. (G 3.) By forfeiture. So franchises may be forfeited by breach of the trust, upon which they were granted, and perversion of the end of their grant, or in stitution. As, if a leet be disused, and has no officers, or instruments for punishment. Jon. 283. So a corporation itself may be forfeited, if the trust upon which it was created be broken, and the institution of it perverted. Per. Holt, Sho. 280. 4 Mod. 58. Skin. 310. So franchises may be forfeited by misuser, or abuser, or other misdemeanor in him to whom they are granted. (G 4.) By the dissolution of a corporation :-What shall be a dissolution. So franchises may result to the king, or donor, if the body to whom granted be dissolved, or extinguished: as, if land be given to an abbot and convent, who all die, by which the corporation is dissolved; the land does not escheat, but the donor shall have it again. Co. L. 13. b. 2 And. 107. So, if land, or other possessions are granted to a dean and chapter, mayor, and commonalty, &c. who are dissolved. Co.L. 13. b. R. Godb. 1 Rol. 816. 1.22. 211. So, if a corporation be constituted of brethren and sisters, and all the brethren die, or all the sisters; the corporation is thereby dissolved. 1 Rol. 514. 1. 40. So, if a corporation refuses to continue the election of officers, till all die who could make an election: for thereby the corporation is dissolved. Or, if the king names the head of the corporation, and they refuse his nomination till the body be dead. Jon. 168. So, if the abbot, and all the monks of a convent are deraigned, and relinquish their habit and order; the corporation is dissolved. Dav. 1. b. If a chapel, and all the possessions thereto annexed be aliened; the chaplain ceases; for he cannot be a chaplain of nothing. 3 Co. 75. a. But if a corporation gives an obligation under the common seal, and some of the principal members sign it, but the words are, noverint nos magistrum et guardian', &c. teneri, &c. by their corporate name; if the corporation be afterwards dissolved, the particular members shall not be charged. R. 1 Lev. 237. Ff [E] 4 (G 5.) (G 5.) What shall not be a dissolution. But by a change of the name, or a new incorporation of the same persons, the old corporation is not extinct, nor the privileges granted to it. So, if a dean and chapter grant their church, and all their possessions ; their corporate capacity continues. 3 Co. 75. a. Jon. 168. If a manor, which is the whole body of a prebend, be evicted, the prebend continues. 3 Co. 75. If by surrender, or act of parliament, all the possessions of an hospital are resumed, the master and brethren of the hospital continue. Dav. 1. b. So, if the franchises of a corporation are seised, or surrendered, the corporation itself continues. Per. Holt, Skin. 311. (G 6.) When franchises are not gone by the dissolution of the corporation. If a corporation have granted over their possessions to another, before their dissolution, they do not return to the donor. R. 1 Rol.816. 1. 10. 20. Vide Prærogative, (D 30. 53.) — Retorn, (B 1. &c.) FRANK-FEE. Vide ANCIENT Demesne, (B). FRANK-MARRIAGE. Vide ESTATES, (B 6.) FRAUD. Vide BANKRUPT, (C 2, &c.) — CHANCERY, (2 Q 5.) — DECEIPT, and the references there marked. FREEDOM. Vide FRANCHISES, (F 28. 33, 34.) FREEHOLD. Vide ABEYANCE.CHANCERY, (4 G 4.)- COPYHOLD, (K 14.—R 15.) ESGLISE, (G 1.) — PARCENERS, (A 4.) — PLEADER, (3 K 22.) – PROHIBITION, (F 2, &c.) REMITTER, (C 4.) FREIGHT. Vide MERCHANT, (E 3.) FRUITS. FRUITS. Vide DISMES, (H10.) GAME. Vide JUSTICES OF PEACE, (B 43, &c.) GAMING. Vide BANKRUPT, (D 38.)- JUSTICES OF PEACE, (B 42.)- PLEADer, (2 G 8.2 W 26.) GAOL, AND GAOLER. GAOL-DELIVERY. GARDIAN. (A) Guardian in chivalry, p. [378.] (B 3.) What things he shall have. p. [380.] (C) Guardian by nature. p. [381.] (D) Guardian by reason of nurture. p. [381.] (E 1.) By the st. 4 & 5 P. & M. p. [382.] (F) Guardian by election. p. [384.] (G) Guardian by custom. (G 1.) Orphans. p. [385.] (G 2.) What estates belong to an orphan. p. [386.] (G 3.) Allowance to an orphan. p. [393.] (G 4.) Marriage. p. [393.] (H) Remedy (H) Remedy by a guardian. (H 1.) Right of ward. p. [393.] H 6.) Intrusion of ward. p. [395.] (A) Guardian in chivalry. Guardian is by the common law, or by statute. 3 Co. 37. b. There are four guardians by the common law : in chivalry, by socage, by nature, by reason of nurture. 3 Co. 37. b. Co. L. 88. b. If a man had died seised of lands holden by knight's service, the lord had the wardship of the land, and the person of his heir-male, till his age of 21 years. Lit. s. 103. And of his heir, if it was a female, till her age of fourteen years. Lit. s. 103. And by the st. W. 1. 22. if such heir-female was within fourteen years at the death of her ancestor, and unmarried, till her age of sixteen years, viz. for two years longer; but if she was above fourteen, or married before fourteen, it remains as at the common law. Lit.s. 103. If the lord die, his executor shall have the ward, till his age of twenty-one years. Lit. s. 125. By the st. 32 H. 8. 1. which allows of devising two parts of lands holden in chivalry, the wardship of the heir for the other third part is saved to the lord. And if two are joint-tenants of land for life, and to the heirs of one, who dies; his heir shall be in ward during the life of the other. So, by the equity of the same statute, if land be settled to the mother for life, remainder to the father in fee, and he dies; the lord shall have the wardship of the heir within age, and not his mother. 2 Cro. 40. Or, to the mother for life, remainder to the father for life, and afterwards to the heirs of his body, and afterwards to him in fee. R. 2 Cro. 40. But if land descend to the son as heir to his mother, in the life of his father, the father shall have the wardship of the person of his heir apparent, though the lord has the wardship of his land. Co. L. 84. Though a daughter be his heir apparent, the father shall have the wardship of her body, and her marriage. R. 6 Co. 22. Mo. 738. So, if the father marry his daughter, who is his heir apparent, and afterwards by a second venture has a son, he shall not answer to the lord for the marriage, though he could not have her marriage after the birth of his son. Mo. 739. Yet the mother after the death of her husband shall not have the wardship of his heir apparent, though she has land descendible to him. Mo. 738. Lit. s. 114. So, |