The resolve of 1786 was not an act of incorporation. The Waltham Artillery were a voluntary association of individuals, recognized by law, but having none of the attributes of a corporation. Of this association the defendant was a member, and liable jointly with his associates for their debts. The nonjoinder of the others as defendants, upon familiar principles of pleading, could be pleaded in abatement only.

Exceptions overruled, with double costs.