9 Watts 466 | Pa. | 1840
The opinion of the court was delivered by
It is usually said that a power of a private nature —that is, a power to do a private act—must be executed by all to whom it is given; but that a power of a public nature, or to do a public act, may be executed by a majority. That there is a distinction, is undoubted; but that the specific ground of it is to be found in the nature of the act, is not quite so clear. In Withnell v. Gartham, 6 Term Rep. 388, a power to appoint a private charity which had been delegated by a testator to the ■ vicar ahd churchwardens of the parish, was held to have been well executed by a majority of 'the churchwardens, because they were a quasi corporation; while, on the other hand, an order of affiliation was quashed
As the parties desire no more than to have the opinion of the court on the point presented by the merits, we forbear to inquire into our power to issue a mandamus to officers who represent the government; or to make any final disposition of the rule.