and now it is the practice to insert in all laws authorizing the formation of corporations a clause reserving the right of the legislature to amend, alter or repeal such laws.

§ 276. Dissolution of.-The existence of a corporation may be determined: (1) By the expiration of the time limited for its duration. (2) By valid laws repealing the laws under which it was organized. (3) By voluntary dissolution or the abandonment of the purpose for which it was organized. (4) By a decree of forfeiture at the suit of the state for misuser or non-user of its powers and privileges.

CHAPTER XXIII.

SECURITY OF THE PERSON.

§ 277. The right to life.-Every one has a natural right to the security of his person and, stated generally, may treat any interference with his person as a wrong. The right to life is the first and greatest of all rights. It exists without law and is an inalienable right. No one can lawfully consent to the taking of his life by another, and no one can lawfully destroy his own life. It seems superfluous to say that whoever takes the life of another person is guilty of a legal wrong. But it is stated, for the purpose of indicating certain exceptions, the reasons. for which are clear and well settled.

§ 278. When life may be lawfully taken.-The sovereign power may lawfully take the life of a person, by due process of law, as a punishment for crime.

In time of war or under martial law, it is justifiable or excusable to take the life: (1) Of enemies. under arms. (2) Of non-combatants, who by their fault, expose themselves to the dangers of the conflict. (3) Of any persons who are guilty of grave offenses against the rules of war, such as spies, sleeping sentinels, deserters.

Where an alternative exists, as between two lives. having equal rights, it being impossible that both

should live and it being necessary to make a choice in order to save either, it will be excusable to take one or the other life.

Where for self-protection or for the due enforcement of law it becomes necessary to take life, such taking is justifiable.

The unintentional taking of life will be deemed an inevitable accident and not a legal wrong, unless the act which results in such loss of life be for some other reason an unlawful act.

§ 279. Remedies. It is obvious, from the nature of the case, that for an unlawful taking of life there can be no redress in favor of the person whose life is taken. And no preventive remedy is given that is effective. It is true, there is punishment by criminal prosecution, but that is deterrent only. There is also the proceeding by surety of the peace, but one who is not deterred by fear of indictment will have little restraint through a bond. The law does, however, give civil redress for the taking of life, in favor of persons standing in certain relations toward the deceased.

§ 280. Recovery for injuries causing death.-At common law there was no right of action in any one for the death of a human being. It was deemed repugnant to the law to attempt any estimate in a pecuniary way of the value of human life. For loss suffered between the date of an injury and the death, the person injured had a right of action, and any one entitled to his services might sue. But for the loss by the death there was no remedy. To supply this defect in the law, statutes have been passed. In this country they are substantially the same as

the English statute known as Lord Campbell's act. It is provided that whenever the death of a human being is caused by the wrongful act or default of another, the personal representative may maintain an action against the wrong-doer, and the damages recovered shall inure to certain persons having an interest in the life. While the various statutes do not entirely agree as to who shall be the beneficiaries, it is uniformly the law that unless some one or more persons of the classes named survive the deceased, nothing can be recovered. And the beneficiary must have some pecuniary interest in the life of the deceased, or reasonable expectation of benefit, and the damages recovered can not exceed such interest or benefit. The statutes limit the amount recoverable, in some states to $5,000, in others to $10,000. In some of the states the action must be brought in the name of the guardian or father, if the deceased was a child.

CHAPTER XXIV.

ASSAULT AND BATTERY.

For corporeal injuries less than the taking of human life, the law gives redress to the person injured. When the injury is direct and intentional, it is called an assault and battery. It is not essential, in order to constitute a wrong, that the wrong-doer shall have fully carried out his intention, nor that any actual damage shall result. An attempted injury may be an assault, and, though there be no damage actually suffered, the law presumes that there was some damage.

§ 281. Assault defined.-An assault is an attempt with unlawful force to inflict bodily injury upon another, accompanied with real or apparent ability to give effect to the attempt, if not prevented.

§ 282. The ability and intent to injure.-In a civil suit for assault, if the defendant had actual present ability and intent to injure, he is liable, regardless of whether the plaintiff believed there was such ability and intent. And even though the defendant did not have actual present ability, or did not have an intent to injure, he is nevertheless liable, if his conduct was such as reasonably created in plaintiff the belief that such ability and intent existed. However threatening an act would otherwise appear to be, it is not an assault, if from the words