Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-11-17


subserve alone the purposes Of their creation and they
are e'her ngregete SOLE OF the latter are Deans
Bishops de-, 10 England 1t is however Of the former
natural persons. These natural persons become nar G
parcels OF mere artificial person, body polite for
wh ,i the law provides name, and SEAL and by
"Iieh 'ils body acts as being.
Ii Is not, therefore, possible that corpeyaton novre
go.e can vote IN its corporate characters because il can
no' DC SAID to te ehtc male citizen oged teenione
ye"FS The natural PERSONS of which it is co,pos,d
sy &c oil all colois ages and sexes and be citizens and
subjects of all countries
a corporation aggregate authorized TO hold land uav
.s "'id enjoy during the term of liz existence the
highest estate therein known to our laws f,. sim
ppn, "r' Il may uke less estate, for OF years
cu tis would not constitute in the artificial person
freehold bcicyc however that all thr xis,iny cor
P,raions, where the right on stock has been
Sitnird have purchased the fee simple estate in the
''uS ana i"ts upon which their works have been erect
ca ms beng tn, case the entire estate 1.-THE fee mus
session, and usc absolutely vested i'm the artificial
P,ison or corporation OF each company, by the name
given IN the charter The freehold estate exists in nu
"dH'@ person. nor is there any share fn,erca rcrers,,
~ TematndeT OF estate, 10 the land relainin, with Or
vested IN any one stakeholder
No stockhnldrr can therefore he said - b s.o y,
OF AN estate OF freehold in (ths) land" Nor i'm
any part thereof The freehold is one and indyisLlr
III The corporate body and can be maintained dac,nded
or alienated alone by the proper officer or officer NJ ~
oouy All The interest the stakeholder has il pecuni,
~ one. lie may maintain, defend, sell his scrip or
tne rgt 10 his shares of stocks But he can neitber
niana an action for the land Tor injuries done To
~ nor convey any right to, or interest in the said land
think the would not be altered If the s,ock ,s
declared real estate and made descen nd to The
ne stock or scrip the only thing of which the holder
could be possessed could not with proore,v ho s,J
to be "land" For an injury 20 il yvouId no hs ,
nor could the right TO scrip stock tried in Ecctsn
or by Dr,t IF Right the ordinary forms OF action To-
% me ths possession and right of freehold estates in
ian1 The holder of such scrip declared real estate
could not therefore be possessed of estate of free
hold in land - 49,
land warrant is personal estate until an entry or To-
caloh IL Is then made real estate and will descend To-
the herr but if the entry be Withdrawn or vacated i,
again becomes personal estate But no one ever thor
ot voting land warrant until after survey Of liz
entry ana actual possession The citizens of the ancient
uisciS OF west Augusta and Kentucky, and the coun
ues Oh rincase, foiogana, and many others were per
united by law to vote their surveys after ben0 in nos
session OF the lands twelve months
were good ireehods, and the tenants might have
and defended their possessions although they
had no grants. They WERE nevertheless tenants of the
fee ~ Vi 'Ne
1t is quite obvious, that the possession of him, do
cared real estate by the Legislature does not consi,u,
an estate OF freehold in land unless il be inst sncb ,
thg us would have constituted such an estate at The
"uopuen OF the Constitution. Slaves horses mules and
asses may be declared rca eStaie; yet they could moi
win propnety, be said to be land nor could the ,oIap
!; ti as possessed OF an estate of freehold
IN land; he could not therefore vote
understand that the advocates of this new scheme of
suffrage have calculated that upon dissolution of one
oil these corporations the lands and houses will v
dividend of ut least $67 each share-tbat nlhonoL
the shares are personal estate by law-unon snc
and division, the land will rereyt TO- or re-
n OIf
c ~ Tote as Te0@ st0ners or rematnder-mon. This is
rounded upon an entire misapprehens of what re-
ee'StoH OF remainder u.s. in law. have before stated
at e enure estate IN the land, held by the corpora.
oh, is vested IN IT, and that share interest rerersiO
or remainder OF such or title is now vested in
any OF the stockholders, in their individual Character
TOW possible Tor any of them saw that they are
emitted 10 land out of the proceeds OF CORPORATION
winch Is bound by law 10 wind its concerns in given
tinne by sale, probably OF every thing and diys;ou
IN money Even If the position had any foundation in
uw Tue expectation OF dividend in land is quite too
remote Each stakeholder might lust as well CLAIM /;
MS own right the bonds and of the corporation
as inc lands But the words of the Constitution admit
oil no doubt: " Every such citizen being rnt;,l.d 10 - 90,
version or vested remainder i'm fee ON /. ~
Tor life, or lives in land" 1t would be sufficient, hr ~
can the attention OF the lawyer the fact that there il
1y one characteristic of TereTSOIi remainder in
N"" ID ne round connected with the of the stock
IL may not be improper for the general reader Ia rive
Judge Biackstones definition OF rcycrson: ssrhe srs
OF an estate lett IN the grantor commence in pos
essio ater Tie determination of particular estate
granted out by him. Thus if A shall grant nm es,,,s
IN and TO and G, his wife, for the life of the suryvor
ol men, the TereSt0n of the fee still exists in A; and az
'er e deaths OF and c. the .spossession shall faI 10
"a or his heirs. But if shall grant an estate in I,nJ
TO and @ his wife, for the lie of the survivor ;iJ
remainder IN fee TO ID, here will be entitled to
@ @ IN lee, expectant on the lives of and c.
ana has nothing "For, Git is said) the fee sn,ol Of nj
iahds must abide somewhere and if he who was he
oi" possessed OF the whole, out of il any smaller
estate ana grants away, whatever not so ganted
ated by deed or writing but arises from construcon
OF law remainder never he limited unless bv
eiiher deed or devise. But, both aie equally transfer
" raole, when actually vested being both estates l.;
" senti, though taking effect an future r.
rom the very clear and unequivoca terms of The Com
S''uoh contingent renainders and cxecutory deyises
are ehfeiy excluded, until the estates are .yesed "
Fei'her Corporations aggregate, the members of
such cooperate bodies, have ever voted even in Enrld
SO lar as am inforned by virtue of stock held therein
"P" 20 lo5o. KlLWARDEN