PORATIONS

A corporation, by doing business in an- other state and becoming liable to suit there, both in state and federal courts, does not lose its right to claim, for the purposes of federal jurisdiction, a citizenship in thre state by which it was created; Murfr. For. Corp. 236. When sued in a foreign state it may remove the cause to a federal court; id.; 104 U. S. 5; 22 Fed. Rep. 353. But it is otherwise if the effect of the legis- lation under which it enters the foreign state be to confer corporate privileges upon it in that state. In such case the company is a citizen of both states; 22 Fed. Rep. 568; 104 U. S. 5. See, generally, Murfree: Reno. For. Corp.; Patterson, Fed. Restraint St. Action § 118: Beach, Insurance Ch. 2; Thompson, Corp. tit. xix.; INTERSTATE COMMERCE; POLICE POWER; TAXATION; UNITED STATES COURTS: MERGER. It is not a "citizen," within the meaning of the Constitution, and cannot maintain a suit in a Federal court against a citizen of a different State from that by which it was created, unless the persons who compose the corporate body are all citizens of that State. The legal presumption is that its members are citizens of the State in which alone the body has a legal existence. Anderson; 1 Black, 295-96; 94 U. S. 535 et al. By comity, if not forbidden by its charter, nor by the laws of that State, a corporation may exercise its powers in another State. Id.; 101 U. S. 352. FOREIGN COUNTY. Another coun- ty. It may be in the same kingdom, it will still be foreign. See Blount, Foreign. FOREIGN COURT. The circuit court of the United States is not a foreign court relatively to the court of chancery of New Jersey; 19 Am. L. Reg. N. S. 426. FOREIGN CREDITOR. One who is resident in a state or country foreign to that of the domicil of the debtor or the situs of his property. FOREIGN DECREE. See FOREIGN

Municipal corporations may be dissolved in England; (1) by act of parliament; Co. Litt. 176, n.; (2) by the loss of an integral part; 9 Gill & J. 365; (3) by a surrender of their franchises; 6 Term 277; (4) by forfeiture of their charter; 6 Beav. 220; 76 III. 419. In the United States these modes of dis- solution are not applicable, there can be no dissolution except by an act of the legislature which created the corporation. See 113 III. 491; 72 Tex. 182; 102 U. S 472; 116 id. 289; 93 id. 258. The change of name does not dissolve a municipal corporation; 7 Wall. 1; 93 U. S. 266; but the power of so changing ex- ists only in the legislature. Nor does the failure of the inhabitants of a municipality to elect officers operate as a dissolution of it; 71 Tex. 65; 72 id. 182; nor is a municipal charter forfeited by mere non-user for any period of time; 98 Ala. 358. Upon the division of a municipal corpora- tion into two separate towns, each is en- titled to hold in severalty the public prop- erty within its limits; 2 Wend. 159. See 40 Minn. 18. In actions generally, the original min- utes or records of a corporation are com- petent evidence of its acts and proceed- ings; 6 Wend. 651. It is competent for the legislature to delegate to municipal corporations the power to make by-laws and ordinances which have, when author- ized, the force, in favor of the municipality and against the persons bound thereby, of laws passed by the legislature of the state; 44 Ia. 508; s. C. 24 Am. Rep. 756; but ordi- nances cannot enlarge or change the char- ter by enlarging, diminishing, or varying its powers; 22 How. 422; 12 Wall 349. See DELEGATION; POLICE POWER. Relation to State. In every essential, only auxiliaries of the State for the purposes of local government. They may be created, or, having been created, may be destroyed, or their powers may be restricted, enlarged or withdrawn at the will of the Legislature, subject only to the fundamental condition that the collective and individual rights of the people of the municipality shall not thereby be destroyed. 191 U. S. 220, 221, citing 3 Wall. 663; 17 Wall. 328-329 et al. MUNICIPAL COURTS, At com- mon law, municipal corporations fre- quently enjoyed the franchise of holding a court, and the franchise being a public right, could not be lost by non-user. A. & E. Encyc. L. See Dillon, Mun. Corp., 8d ed. § 424; 4 D. P. C. 562. In the United States, in many of the larger cities, there are courts so designated, with statutory jurisdiction in criminal or civil cases, or both, usually limited not only in amount, but by the requirement that suits can only be instituted against resi- dents, and crimes prosecuted which are committed within the city.

- ELEGANTER. In the civil law. Accurately; with discrimination. Veazie v. Williams, 3 Story, 611, 636, Fed. Cas. No. 16,907.

plural of poration