Note 82 — 1. OF THE COLLEGE OF PHYSICIANS.

For the power of Corporations to make reasonable Bye Laws, See Kyd on Corporations; how far they may bind Strangers. ib. 103. Cowper, 269; they must not be in diminution of the King’s prerogative, or to restrain suits in the King’s Courts; 19 Hen. 7. c. 7. nor to extend to imprisonment or forfeiture of goods. Magna Charta. 2 Inst. 47, 54. Kyd, 156. But see also 5 Mod. 320; but they may inflict a penalty to be recovered by action or distress; 5 Co. 64. Kyd, 156. And this power to make Bye Laws, is incident to all Corporations, though it be not given by any special clause. Co. Lit. 264. Ld. Hob. 211. Carth 482. 3 Leon 39. A bye-law, giving a casting vote to the senior, if the charter requires a majority, is bad. King v. Ginever. 6 T. R. 732. As to the other points, respecting elections, see the King against the Mayor of Durham, in Lord Kenyon’s Reports, by Hanmer, p. 112. And generally, 1 T R 118: 2 T R 2: 6 T R 732, 736: 7 T R 543: 8 T R 356: 1 H. Blackstone 370: 12 East 22: 3 East. 186: 3 Bos and Pull 434. A bye law must be reasonable, if not it is bad, 1 Salk 143: 11 Co. R. 53: Moore 412, 576: Ld. Kenyon by Hanm. 500. As to the mode of making bye Laws Ld. Raym. 496: 2 P Wms. 209: Comb. 269: 1 Str. 385, we have been particular in citing authorities on this subject, as it is a continual source of litigation with all Corporations: as respects the College of Physicians, we shall have occasion in another place to refer more particularly to the case of the King, (at the instance of Dr. Stanger) against the Coll. of Phys. T. R. 282, in which this power was very ably argued and determined.