SUBSCRIPT! O. That kind of imperial constitution, which was granted in answer to the prayer of a petitioner who was present. Calvinus.
1ON (Lat. sub, under, scribo, to write). The placing a signature at the bottom of a written or printed engagement; or it is the attestation of a witness by so writ ing his name ; but it has been holden that the attestation of an illiterate witness by making his mark is a sufficient subscription. 2 Ves. Sen. 454; 3 P. Wins. 253.
The act by which a person makes an agree ment over his signature in writing, to furnish a sum of money for a particular purpose ; as, a subscription to a charitable institution, a subscription for a book, for a newspaper, and the like.
One who subscribes, agreeably to the stat ute and by-laws of a chartered company, ac quires a right to his shares, which is a suffi cient consideration to make the subscription obligatory on him ; but otherwise where the organization was not yet effected ; McCarty v. R. Co., 87 Pa. 332 ; Boyd v. R. Co., 90 Pa. 169. A subscription for the payment of cer tain sums of money to a contemplated corpo ration, to be formed for a purpose for which the subscribers were to derive benefits, may be enforced by the corporation when formed ; and no formal acceptance of the subscription or notice of such acceptance is necessary to make it binding ; Richelieu Hotel N. v. En campment Co., 140 Ill. 248, 29 N. E. 1044, 33 Am. St. Rep. 234.
A subscription of a certain sum towards paying off a church debt made long after the debt was contracted and the church built, is without 'consideration and cannot be enforc ed ; First Cong. Church v. Gillis, 17 Pa. Co. Ct. R. 614. A mere subscription for a chari table object cannot be enforced ; Twenty Third St. Bapt. Church v. Cornell, 117 N. Y. 601, 23 N. E. 177, 6 L. R. A. 807 ; Cottage St. M. E. Church v. Kendall, 121 Mass. 528, 23 Am. Rep. 286 ; Pratt v. Trustees, 93 III. 475, 34 Am. Rep. 187 ; University of Des Moines v. Livingston, 57 Ia. 307, 10 N. W. 738, 42 Am. Rep. 42. A gratuitous subscription to promote the object for which a corporation is established, cannot be enforced unless the promisee has, in reliance on the promise sued on, done something or incurred or assumed some liability or obligation ; it is not suffi cient that others were led to subscribe by the subscription sought to be enforced ; Cot tage Street Church v. Kendall, 121 Mass. 528,
' 23 Am. Rep. 286; Twenty-Third St. Baptist Church v. Cornell, 117 N. Y. 601, 23 N. E. 177, 6 L. R. A. 807 ; University of Des Moines v. Livingston, 57 Ia. 307, 10 N. W. 738, 42 Am. Rep. 42. The consideration which supports the promise of a subscriber to an enterprise is expenditure by the promisee on the faith of the subscription and not advantage to be gained by the promisor ; Kinsley v. Military Encampment Co., 41 Ill. App. 259 ; McCabe v. O'Connor, 69 Ia. 134, 28 N. W. 573. See Johnson v. University, 41 Ohio St. 527. Until liability has been incurred or acts have been done on the strength of the subscription, it may be withdrawn, and it is revoked by the insanity or death of the subscriber ; Beach v. Church, 96 III. 177; Helfenstein's Estate, 77 Pa. 328, 18 Am. Rep. 449.
It has been held that a subscription, to be binding, should be a promise to some partic ular person or committee ; and there should be an agreement on the part of such person or committee to do something on their part: as, to provide materials or erect a building ; Phillips Limerick Academy v. Davis, 11 Mass. 114, 6 Am. Dec. 162 ; Troy Conference Academy v. Nelson, 24 Vt. 189; Hamilton College v. Stewart, 1 N. Y. 581.
If advances were fairly authorized, and have been made on the strength of the sub scriptions, it will be deemed sufficient to make them obligatory ; Farmington Academy v. Allen, 14 Mass. 172, 7 Am. Dec. 201; War ren v. Stearns, 19 Pick. (Mass.) 73; Robert son v. March, 4 Ill. (3 Scam.) 198 ; Univer sity of Vermont v. Buell, 2 Vt. 48; they form a consideration for each other ; Edin boro Academy v. Robinson, 37 Pa. 210, 78 Am. Dec. 421.