able to stir in his mother's womb, and ceases at the in stant of physical death. Every legitimate unborn infant is regarded as born, for all beneficial purposes. He is entitled to legal protection, may have a guardian appointed for him, and may inherit land or take it under a will. Read 1 Bl. Comm., pp. 123, 130. Walker Am. Law, § 20. § 18. Of Artificial Persons. Corporations. Artificial persons (also called bodies-politic, or corporations) are persons created by law, for purposes which natural persons would be unable to accomplish. They consist of one or more natural persons; but neither their corporate existence, nor their corporate individuality, depends upon the number, or the identity, of the natural persons of whom they are composed. As legal persons, they are invisible, intangible, and immortal; and are endowed only with such attributes as are expressly conferred, or necessarily implied, by law. In other respects, their rights and duties resemble those of natural persons. Read 1 Bl. Comm., pp. 467-469, 472–476. 2 Kent Comm., Lect. xxxiii, pp. 267-269, 278, 299. Angell and Ames Corp., §§ 1-12. Potter Corp., §§ 1-9. Dillon Mun. Corp., § 18. Walker Am. Law, § 90. § 19. Of Aggregate and Sole Corporations. Corporations are, as to their membership, of two kinds : Aggregate and Sole. Aggregate corporations consist of two or more natural persons. Sole corporations consist of one natural person, acting in some official capacity. Sole corporations are seldom found in the United States. Read 1 Bl. Comm., pp. 469, 470. 2 Kent Comm., Lect. xxxiii, pp. 273, 274. Walker Am. Law, § 92. § 20. Of Public and Private Corporations. Corporations are, as to their purposes, of two kinds. Public and Private. Public corporations are such as are created for political purposes, like counties, towns, and cities. They are invested with certain governmental powers, to be exercised within their territorial limits, and also with the power to take and hold property for their corporate use. Private corporations are such as are created for the private benefit of the collective members of the corporation, and are designed to regulate and promote their religious, social, or financial interests. Read 2 Kent Comm., Lect. xxxiii, pp. 275, 276. Angell and Ames Corp., §§ 30-35. Potter Corp., §§ 15–17. Dillon Mun. Corp., §§ 52-56. Walker Am. Law, § 92. § 21. Of Equity. Besides the written and unwritten law, properly so called, there are other rules of civil conduct, which are practically applied, by certain courts, to the enforcement of rights and the redress of wrongs. The most important of these is that system of rules known as Equity. Equity is intended to supply the defects, and correct the evils, created by the universality and inflexibility of the rules of law. It is administered by courts of Chancery, which proceed according to their own peculiar methods, and which administer justice in certain cases where there is no strictly legal right, or where courts of law cannot afford to the injured party an adequate relief. The jurisdiction of these courts is very extensive, and their practical value rivals that of courts of law. Read 1 Bl. Comm., pp. 61, 92. 3 Bl. Comm., pp. 429–437. Pomeroy Mun. Law, §§ 163-167. § 22. Of Maritime Law. Maritime law is that system of rules which governs actions performed upon, or relating to, the sea. These rules are very ancient, and of world-wide application, and are practically applied by courts of admiralty. Read 3 Bl. Comm., pp. 106-109. 3 Kent Comm., Lect. xlii, pp. 1–21. ELEMENTARY LAW. BOOK I. OF PRIVATE RIGHTS. § 23. Of Absolute Rights. belong to man, as man, They are natural, inher Private rights are of two kinds: Absolute and Relative. Absolute rights are those which whether out of society or in it. ent, and inalienable. They are neither created by, nor dependent upon, the provisions of positive law, though the principal object of all law is to preserve and vindicate them. They are three in number: The Right of Personal Security; The Right of Personal Liberty; The Right of Private Property. Read 1 Bl. Comm., pp. 123–129. 1 Kent Comm., Lect. xxiv, pp. 1-12. 24. Of Relative Rights. Relative rights are those which belong to man as a member of society, and as occupying certain relations toward other men. Some of these rights are natural and inherent; others depend for their existence, as well as for their protection, on the rules of law. They are four in number, arising out of these four relations: Husband and Wife; Parent and Child; Guardian and Ward; Master and Servant. Read 1 Bl. Comm., pp. 123, 422. 2 Kent Comm., Lect. xxv, p. 39. CHAPTER I. OF THE RIGHT OF PERSONAL SECURITY. § 25. Of Life. The right of personal security is that right which every man has to the legal and uninterrupted enjoyment of his life, limbs, body, health, and reputation. Every human being, even an unborn infant, has a legal right to live, and to enjoy his life, without interruption or disturbance from his fellow-men. Any invasion of this right constitutes the gravest wrong known to the law, and merits and receives the severest punishment. Read 1 Bl. Comm., pp. 129, 130. 4 Bl. Comm., p. 177. § 26. Of the Limbs. The limbs are those members of the human body which are useful in fight; as the hands, eyes, and front teeth. Of such value are these members esteemed in law, that a man may defend his limbs, as well as his life, by killing his assailant; and the mutilation of these members was punishable, at common law, with death. A contract, entered into under a reasonable fear of injury to life or limb, is invalid, and may be avoided by the contracting party, at his pleasure. Read 1 Bl. Comm., pp. 130, 131. 4 Bl. Comm., pp. 205–208. Bac. Abr., Duress, Maihem. 1 Pars. Cont., B. i, Ch. xix, Sec. 4. |