dispensed after his death. This is done either by incorporating the
objects of the charity, as, for instance, the scholars in a college or the
poor in a hospital, or by incorporating those who are to be governors or
trustees of the charity. In cases of the first sort, the founder is, by
the common law, visitor. In early times it became a maxim, that he who
gave the property might regulate it in future. "Cujus est dare, ejus est
disponere." This right of visitation descended from the founder to his
heir as a right of property, and precisely as his other property went to
his heir; and in default of heirs it went to the king, as all other
property goes to the king for the want of heirs. The right of visitation
arises from the property. It grows out of the endowment. The founder may,
if he please, part with it at the time when he establishes the charity,
and may vest it in others. Therefore, if he chooses that governors,
trustees, or overseers should be appointed in the charter, he may cause it
to be done, and his power of visitation may be transferred to them,
instead of descending to his heirs. The persons thus assigned or appointed
by the founder will be visitors, with all the powers of the founder, in
exclusion of his heir. The right of visitation, then, accrues to them, as
a matter of property, by the gift, transfer, or appointment of the
founder. This is a private right, which they can assert in all legal
modes, and in which they have the same protection of the law as in all
other rights. As visitors they may make rules, ordinances, and statutes,
and alter and repeal them, as far as permitted so to do by the charter.
Although the charter proceeds from the crown or the government, it is
considered as the will of the donor. It is obtained at his request. He
uses it as the rule which is to prevail in the dispensation of his bounty
in all future times. The king or government which grants the charter is
not thereby the founder, but he who furnishes the funds. The gift of the
revenues is the foundation.