Page:Black's Law Dictionary (Second Edition).djvu/284

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CORPORATION

Woodward. 4 Vvheat 669, 4 L Ed. 629; Adams v. Railroad Co , 1 Fed. Cas. 92.

Tramp corporations. Companies chartered in one state without any intention of doing business therein, but which Carry on their bnsincss and operations wholly in other states. State v. Georgi-1 Co., 112 N. C. 34, 17 S. E. 10, 19 L. R. A. 4.85.

Synonyms. The words “company” and “cnrporat.ion" are commonly used as inter- ciiangeable teinis. In strictness, however, a company is an association of persons for business or other pl'Il‘[)(7.\eS, einbracing a considerable number of individuals, which may or may not be incorporated. In the former case, it is legally a pzirtnei.ship or a joint- stock company; in the latter case, it is prop- erly called a ‘‘corporation.’' Goddard v. Rail- road 0)., 202 Ill. 31:2, 66 N. E. 10%: Bradley 1-‘ertilizer Co. v. South Pub. Co., 4 Misc. llep. 172. 23 N. Y. Supp. 675; Conn. v. Reinoehl, 14»? Pa. 287, 29 Ati. 896, 25 L. R. A. 247; State v. l\Ie.id, 27 Vt 722; Leader 1’ri.nI:ing Co. v. Lowry, 9 Oki. S9. 59 Puc. 242. For the particulars in which corporations differ from "Joint-Stock Companies” and “Partnerships," see those titles.

CORPORATION ACT. In English law. The stetute 13 Car. 11. St. 2, c. 1; by which it was provided that no person should there- after ire elected to office in any corporate town that should not, within one year previously, have taken the sacrament of the Lord’s Supper, according to the rites of the Church of England: and every person so elected was also required to take the oaths of allegiance and supremacy. 3 Stcph. Comm. 103, 104; 4 Bl. Comm. 58. This statute is now repealed. 4 Steph. Comm. 511.

CORPORATION COURTS. Certain courts in Virginia desciibed as follows: “For each city of the state, there shall be a court called a ‘corporation court,‘ to be held by u judge, with like quaiifications and elected in the same mnnner as judges of the county court." Code Va. 1887, 5 3050.

CORPORATOR. A member of s corpo- ration aggregate Grant, Corp. 48.

CORPORE ET ANIMO. Lat. By the hody and by the mind; by the ph3siC:Ll act and by the mental intent Dig. 41, 2, 3.

CORI-‘OR!-EAL. A term descriptive of such things as have an object-iie, material existence: perceptible by the senses of sight and touch: possessing a real body. Opposed to incoiporeal aini spiritual. Civ. Code La. 1900. art. 460; Sullivan v. Richardson. 3 Fla. 1, 14 South. 692.

There is a distinction between “corporea.l" and "corporai." The former term means "possessing a body," that is, tangible. physical, material: the latter means “relating to or affecting a body," that is, bodily, externaL C0l‘p01‘ell-l de-

276

CORPUS OHRISTI DAY

notes the nature or physical existence of a body; corporni denotes its exterior or the co-ordinn on of it with some other body. Hence we flunk it‘ “corporeal hcreditaiiment.-4," hat of "cui;--mi punishment," “corporal touch." "co1‘D0ral until." etc.

—CorpI1real hereditaments. See HEiiEi:-il‘- AJiii<.'i~4 i's.—Co1-poreal property. Such L4 ei- fects the senses, and may be seen and ii.-iudl-xi by the body, as opposed to incorporeai pT'“'°l' , _which cannot be seen or handled, and an an y in contemplation. Thus a house is corporc. i. int the annual rent payable for its occupation is ‘nocorporeaL Corporeal prope is, if morshle, capable of manual transfer; if immovable. pr'.'- session of it may be delivered up. But in-~irporezil property cannot be so transferred, but some othei means must be adopted for its trans» fer, of which the most ususi is an instrument in writing. Mozley dz Whitley.

CORPS DTPLOMATIQUE. In international law. Ambassadors and diplomatic persons at any court or capital.

CORPS]-1. The dead body of a huniiiii being.

CORPUS. (Int) Body; the body; an aggregate or mase, (of men, laws, or articles'.) physical suhstaiice, as distinguished from intellectual conception; the principal sum or capital, as distinguished from interest or icnome. _

A substimtlal or positive fact, as distin- guished from what is equivocal and ambigu- ous. The corpus dclicti (body of an ntieiise) is the fact of its having been actually coinmitted. Best, Pres. 265L279.

A corporeal act of any kind, (as distin-

guished from animus or mere inteution,) on the part (it him who wishes to acquire a thing, whereby he obtains the physical ahility to exercise his power over it whenever he pleases. The word occurs frequently in this sense in the civil law. Mackeld. Rom. Law. 5 248. —Corpus ooxnitatus. The body of a county. The whole county, as distingu.ished_ from a part of it, or any particular place in it. U. S v. Grush. 5 Mason, 290. Fed. Can. No. 1' Corpus cox-poratmn. A corpo ' ion:

ii ‘Di’- purate body, other than iniinicipai.—-Corpus cum cans:-1.. (The body with the cause.) An Engiish writ which issued out of Chancery, to remove both the body and the record, _touching

the ca/use of any man lying in execution upon a judgment for dcht, into the king's bench, there to remain until he satisfied the judcment. ('0- wcll; BI0unt.—Cm-pus delioti. The body of a crime. The body (material substance) upon which a crime has been committed, e. 9., the corpse of a murdered man, the charred remains of a house burned down. In a derii ative sense, the substance or foundation of a crime; iha substantial fact that a crime has been coin- initied. People v. Dick, 37 Cal. ‘.781; White v. State, 49 Ala. 3-17 Gnidman v. Coni., 101) Vii.

7. 42 S. E. 923; State v. Hand. 1 Marv.

(De 5 41 At]. 192; State v. Dickson, 78 Mo. 4-41. Corpus pro corpora. In old record . Body for body. Aéihrase expressing the liability of niiinucaptors. Iinw_ State Tr. 110.

CORPUS CHRISTI DAY. In English law. A feast instituted in 1264. in honor oi

the sacrament. 32 Hen. V111. c. 21.