AMOTION (Lat. amovere, to remove; to take away).
An unlawful taking of personal chattels out of the possession of the owner, or of one who has a special authority in them.
A turning out the proprietor of an estate in realty before the termination of his estate. 3 Blackstone, Comm. 198, 199.
In Corporations. A removal of an offi• cial agent of a corporation from the station assigned to him before the expiration of the term for which he was appointed. 8 Term, 356; 1 East, 562; 6 Conn. 532.
The term is distinguished from disfranchise. ment, which deprives a member of all rights as a oorporator. The term seems in strictness not to apply properly to cases where officers are ap pointed merely during the will of the corporation, and are superseded by the choice of a successor, but as commonly used includes such cases.
The right may be exercised with or without an express reservation by the corporation, for just cause, 1 Burr. 539; Doug!. 149; and in the case of mere ministerial officers appointed duranle bene placito, at the mere pleasure of those appointing him. Willcock, Mun. Corp. 253 ; 23 Mo. 22 ; see 1 Ventr. 77; 2 Show. 70; 11 Mod. 403; 9 Wend. N. Y. 394. Mere acts which are a cause for amotion do not create a vacancy till the amotion takes place. 2 Green,
N. J. 332.
The causes for amotion may be: first, such as have no immediate relation to the office, but are in themselves of so infamous a nature as to render the offender unfit to execute any public franchise, but indictment and convic tion must precede amotion for such causes; second, such as are only against his oath and the duty of his office as a corporator, and amount to breaches of the tacit oondition ue-ted to his office; third, such as are an of fence not only against the duty of his office, but also a matter indictable at common law. Dougl. 149; 2 Binn. Penn. 44$. For special instances coming under these classes, see An gell & A. Corp., Lothrop ed. 427 ; 4 Mod. 36; 5 id. 257; 8 ut. 186; 11 id. 75 ; earth. 229; 2 Burr. 731-736; 4 id. 2004; 2 Strange, 819; Atk. Ch. 184; 3 Salk. 229; 1 Rclle, 409; Cas. temp. Hardw. 155 ; 1 Ventr. 115; 3 Barnew. & O. 56; for causes held insufficient, see 8 Mod. 186 ; Say. 40 ; Cowp. 502; Dougl. 85 ; 1 Burr. 40 ; 4 id. 2087; 2 Term, 182 ; Sid.' 282; T. Raym. 446; 2 Maule & Consult Angell & A. Corp., Lothrop ed. a 408, 423-432; Willcock, Mun. Corp.; Dougl. 149; 6 Conn. 532; 6 Mass. 462.