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Ultra Vires

contract, corporation, party, action and latin

ULTRA. VIRES, a legal term meanirg, literally, "beyond one's powers," and employed since the law of corporations has become of great importance. to indicate acts or contracts entered into by corporate bodies, beyond the scope of the powers given them expressly or from implicatiou in their charters. It is clear that the corporation can, itself, take no advantage from, or demand the enforcement of, such a contract; and, hence, the question commonly arising is, how far or in what cases mill the corporation be allowed to set up its own lack of authority to enter into a contract as a valid deft me against its enforcement by the other contracting party. The general rule is that the contract is void; but where the second party lies performed his part of the agreement and the corporation has received benefit.•as money or other valuable consideration, decisions differ widely. The extreme ground has Leen taken that the contract is not only void but illegal, as against public policy. and that no action growing out of it can be maintained. On the other hand, it has been held that the corporation is, on common law principles, Mopped from setting up ultra tires as a defense, unless the contract le illegal in itself or expressly prohibited. But the most reasonable while declaring that no action can lie maintained on the contract itself, as it is vouch, allows the second party to recover by the appropriate legal action the money or consid eration paid, after the contract has been rescinded. Where a corporation has acted ultra sires proceedings may be taken by the state by quo warranto, and it is no defense that the officers or agents of the company acted without the express authority of the corporation. The charter may be revoked as at penalty for acts ultra rms.

1:11.11011-11E0. the grandson of Tim0r (q.v.), governed w. Turkistan as regent for his father shah Rokh, while the latter was employed in regtriating the affairs of the southern half of empire, and succeeded, in 1447, to the imperial throne on his father's ..earth. lie was a successful warrior, as was of necessity every ruler of this Twiioil; hut happening, unfortunately, to conceive suspicions of the loyalty of his eldest son, suspicions founded only upon astrological indications, the offended and Injured prince rebelled, defeated and captured his father, and soon after caused him to be put to death. thus fulfilling the prediction, 1440 A.D.

Ulu!i-Beg is known to posterity as the founder of the observatory at Samareand, as the liberal patron of astronomers, and as himself a most diligent observer. The ustro monneal tables which bear his name,. in all probability compiled by himself and his two fellow•laborers, Satali•ed-din Cadizadeli at Round au/ Gahithedalin Mohammed Jerus heid ul Coushgi, enjoy a high reputation for accuracy, considering the time when they were compiled, and the means of observation in the hands of astronomers. The astro nomical wori:s of Ulugh-Beg were written in Arabic, afterward translates into Persian, and thence the chronological portion of them rendered into Latin (Loud., 1650). by Greaves. who followed with a Latin version of the geographical part in 1632. An inde pendent version of the same work in Latin and Persian 'MIS published by Dr, Thomas Hyde, at Oxford, in 1665. A new edition of Ulugh-Beg's catalogue of stars will be found in the _Memoirs of Ike Royal Astronomical Society, vol. xiii.