"
This court, then, does not admit the doctrine, that a legislature can
repeal statutes creating private corporations. If it cannot repeal them
altogether, of course it cannot repeal any part of them, or impair them,
or essentially alter them, without the consent of the corporators. If,
therefore, it has been shown that this college is to be regarded as a
private charity, this case is embraced within the very terms of that
decision. A grant of corporate powers and privileges is as much a
contract as a grant of land. What proves all charters of this sort to be
contracts is, that they must be accepted to give them force and effect.
If they are not accepted, they are void. And in the case of an existing
corporation, if a new charter is given it, it may even accept part and
reject the rest. In _Rex v. Vice-Chancellor of Cambridge_,[53] Lord
Mansfield says: "There is a vast deal of difference between a new
charter granted to a new corporation, (who must take it as it is given,)
and a new charter given to a corporation already in being, and acting
either under a former charter or under prescriptive usage. The latter, a
corporation already existing, are not obliged to accept the new charter
_in toto_, and to receive either all or none of it; they may act partly
under it, and partly under their old charter or prescription. The
validity of these new charters must turn upon the acceptance of them."
In the same case Mr. Justice Wilmot says: "It is the concurrence and
acceptance of the university that gives the force to the charter of the
crown.
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