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JOHN BOYD and JAMES BOYD, Wellington-chambers, 11, District Court of Bankruptcy, Leeds, aud. ac.; June 25

Southwark, Surrey, hop, seed, and guano merchants, (trading at 11, div.-Thos. Harding, Lichfield, schoolmaster, June 23 under the firm of John Boyd & Co.), June 15 at 2, and at 11, District Court of Bankruptcy, Birmingham, aud.ac.July 10 at 11, Court of Bankruptcy, London: Off. Ass. Edw. W. Baxter, Coventry, Warwickshire, ironmonger, June Graham ; Sol. Philips, Size-lane. - Fiat dated May 25. 20 at 12, District Court of Bankruptcy, Birmingham, aud. ac. WILLIAM LOCKS, Leonard-st., Curtain-road, Shoreditch, and pr. d.-Lewis Reis, Jas. Power, and Gustavus Koenig,

Middlesex, timber merchant, June 16 at half-past 2, and Fenchurch-st., London, and Wandsworth, Surrey, merchants, July 10 at 12, Court of Bankruptcy, London: Off. Ass. June 19 at half past 11, Court of Bankruptcy, London, div. Groom ; Sol. Taylor, 38, Moorgate-street, City.--Fiat dated joint and sep. est. Lewis Reis and Gus. Kønig.- John Crisp, May 26.

Great Tower-st., London, wine and spirit broker, June 19 at CHARLES FREDERICK ELLERMAN, Philpot-lane, 2, Court of Bankruptcy, London, div.-Samuel Harrison,

London, agent and commission merchant, dealer and chap- Poole, provision merchant, June 19 at 1, Court of Bank. man, June 12 at 2, and July 10 at half-past 11, Court of ruptcy, London, div.-Edmond S. G. Monkhous and Mich. Bankruptcy, London: Off. Ass. Edwards; Sols. Amory & A. Gorman, London, merchants, June 20 at 2, Court of Co., 25, Throgmorton-street.- Fiat dated May 26.

Bankruptcy, London, fin. div.-Thomas Johnson the elder, GEORGE FREEMAN, Croydon, Surrey, grocer and gene- Wm. Johnson, and Chas. Mann, Romford, Essex, bankers,

ral dealer, June 5 at 11, and July 11 at 1, Court of Bank June 19 at 11, Court of Bankruptcy, London, div.- John A. ruytcy, London: Off. Ass. Green; Sols. Allen & Nicol, Dow, Romford, Essex, draper, June 19 at 12, Court of Bank88, Queen-st., Cheapside. - Fiat dated May 22.

ruptcy, London, div.-Thomas Standen, Maidstone, Kent, THOMAS JEFFRIES, Aberystwyth, Cardiganshire, vic. brewer, June 19 at half-past 12, Court of Bankruptcy, Lon

tualler and jeweller, June 9 and July 7 at 1, District Courtdon, div.-Edw. Clayton, Edgeware-road, Middlesex, licensed of Bankruptcy, Bristol : Off. Ass. Miller ; Sols. Harrison, victualler, June 19 at 1, Court of Bankruptcy, London, div. Birmingham ; Chaplin, 3, Gray's Inn-square, London. -Wm. Rogers, Lewes, Sussex, draper, June 19 at 2, Court Fiat dated May 19.

of Bankruptcy, London, div.-Geo. Barlow, Stepney-green, MARIA BIRD, Cheltenham, Gloucestershire, milliner, Middlesex, iron merchant, June 22 at 11, Court of Bankrupt

June 11 and July 9 at 1, District Court of Bankruptcy, cy, London, div.-Jonh Hutton, Ringwood, Southampton, Bristol : Off. Ass. Acraman ; Sol. Winterbotham, Chel. draper, June 22 at half-past 11, Court of Bankruptcy, London, tenham.- Fiat dated May 18.

div.-Step. Bucknell, Hendon, Middlesex, carman, June 22 ROBERT DAVIES, Abbey Tintern, Monmouthshire, at 1, Court of Bankruptcy, London, div.-R. H. Blacker and draper, shopkeeper, dealer and chapman, June 12 at 1, and Chas. Earith the younger, Gresham-st., London, warehouseJuly 10 at 11, District Court of Bankruptcy, Bristol : Off. men, June 22 at 12, Court of Bankruptcy, London, dis.Ass. Hutton ; Sols. W. and C. Bevan, Bristol.- Fiat dated Pat. W. Carter and Jas. Jackson, Brewer-st., Golden-sq., May 18.

Middlesex, woollen drapers, June 19 at 12, Court of BankGEORGE SAMUEL COXWELL and WILLIAM CRO. ruptcy, London, div.- Wm. Insall, Shipston-on-Stour, Wor.

SER, Newcastle-upon-Tyne, merchants, ship and in- cestershire, auctioneer, June 20 at 12, District Court of Banksurance brokers, commission agents, dealers and chapmen, ruptcy, Birmingham, aud. ac, and div.-Robert Penkey the June 5 at half-past 10, and July 9 at 1, District Court of younger, East Stonehouse, Devonshire, grocer, June 25 at 1, Bankruptcy, Newcastle-upon-Tyne : Off. Ass. Wakley, District Court of Bankruptcy, Exeter, div.-Francis Word, Sols. Hewison, Newcastle-upon-Tyne ; Capes & Stuart, Batley, Yorkshire, rag merchant, June 26 at 11, District Gray's Inn, London.-- Fiat dated May 22.

Court of Bankruptcy, Leeds, div.- Benjamin Clark, Leeds, WILLIAM BALDOCK, Nottingham, grocer and flour Yorkshire, corn factor, June 26 at 11, District Court of Bank.

dealer, June 16 and July 14 at half past 10, District Court ruptcy, Leeds, div.-Dav. Broadhead and Aug. John Halero, of Bankruptcy, Birmingham: Off. Ass. Christie; Sol. Leeds, Yorkshire, stock brokers, June 26 at 11, District Browne, Nottingham.-Fiat dated May 21.

Court of Bankruptcy, Leeds, div.-Robert Pickles, Barnsley, WILLIAM WHITE, Tavistock, Devonshire, tailor, dealer Yorkshire, linen manufacturer, June 23 at 11, District Court

and chapman, June 10 and July 1 at 11, District Court of of Bankruptcy, Leeds, div.-Edm. Thos. Allen, Castlegate, Bankruptcy, Exeter : Off. Ass. Hernaman ; Sols. Stogdon Yorkshire, apothecary, June 25 at 11, District Court of Bank. or Daw, Exeter.–Fiat dated May 11.

ruptcy, Leeds, div.-Jas. Cousen and Lucy Cousen, Bingley, NEHEMIAH JOHN REED, Marlborough, Wiltshire, li. and John R. Cousen, Bradford, Yorkshire, worsted spinners,

censed common brewer and maltster, dealer and chapman, June 23 at 11, District Court of Bankruptcy, Leeds, div.June 11 at 11, and July 10 at 12, District Court of Bank Joah Sugden and Dav. Sugden, Springfield, Kirkburton, and ruptcy, Bristol: Off. Ass. Hutton ; Sols. Bennett & Paul, Huddersfield, Yorkshire, fancy cloth manufacturers, June 23 1, Sise-lane, London.—Fiat dated May 27.

at 11, District Court of Bankruptcy, Leeds, fin. div. sep. est. THOMAS SUGER, Kingston-upon-Hull, corn merchant, Joah Sugden. dealer and chapman, June 10 and July 1 at 11, District

CERTIFICATES.
Court of Bankruptcy, Kingston-upon-Hull: Off. Ass.
Kynaston ; Sols. Holden & Son, Hull; Hicks, Gray's

To be allowed, unless Cause be shewn to the contrary on the Inn, London.- Fiat dated May 20.

Day of Meeting.

Moyse Brunswick, Lime-street, London, merchant, June MEETINGS.

19 at 12, Court of Bankruptcy, London.Thos. Matthews, Wm. Bromley, Gray's Inn-square, Gray's Inn, Middlesex, Aldgate High-st., London, draper, June 25 at 11, Court of scrivener, June 12 at 11, Court of Bankruptcy, London, last Bankruptcy, London.-Wm. Humphryes, Haymarket, Mid. ex.- The Hon. F. H. Needham, New Bond-st., and Fairfield. dlesex, hotel keeper, June 22 at 11, Court of Bankruptcy, lodge, Addison -road, Kensington, Middlesex, dressing-case London.- Wm. Rogers, Lewes, Sussex, draper, June 19 at 2, maker, June 10 at 1, Court of Bankruptcy, London, last ex. Court of Bankruptcy, London.-John Arkell, Donnington-Wm. Hen. Smith, Manchester, hop merchant, June 19 at mill, Stowe-on-the-Wold, Gloucestershire, miller, June 19 at 11, District Court of Bankruptcy, Birmingham, last ex.-Jas. 12, District Court of Bankruptcy, Bristol.Thos. A. Phil. Wilson, Woolwich, Kent, and Bury-st., Chelsea, Middlesex, lips, Huddersfield, Yorkshire, oil merchant, June 25 at 11, cabinet maker, June 19 at 11, Court of Bankruptcy, London, District Court of Bankruptcy, Leeds.-Geo. Duckhom, Meraud. ac.Chas. Self, Sun-st., Bishopsgate Without, London, thyr, Glamorganshire, butcher, June 25 at 11, District Court plumber, June 19 at half-past 1, Court of Bankruptcy, Lon of Bankruptcy, Bristol.—Henry Roe, Liverpool, goldsmith, don, aud. ac. - William Rogers, Lewes, Sussex, draper, June 22 at 11, District Court of Bankruptcy, Liverpool.June 19 at 2, Court of Bankruptcy, London, aud. ac.- Alex. M. Beaumont, Honley, Almondbury, Yorkshire, wool. James Gilbert Gore, Cheltenham, Gloucestershire, innkeeper, len cloth manufacturer, June 23 at 11, District Court of June 30 at 11, District Court of Bankruptcy, Bristol, aud. ac. Bankruptcy, Leeds.-Dav. Broadhead and Aug. J. Halero, -Robert Penhey the younger, East Stonehouse, Devonshire, Leeds, Yorkshire, stock brokers, June 23 at 11, District grocer, June 23 at 11, District Court of Bankruptcy, Exeter, Court of Bankruptcy, Leeds.-Wm. Cross, Weymouth and aud. ac.- Sam. Hutchinson, Bradford, Yorkshire, stock and Melcombe Regis, Dorsetshire, coal merchant, June 25 at 1, share broker, June 20 at 11, District Court of Bankruptcy, District Court of Bankruptcy, Exeter.- Thomas Maguire, Leeds, aud. ac.; June 26 at 11, div.--Thos. Patchett, Brig. Birmingham, draper, June 24 at 12, District Court of Bankhouse, Halifax, Yorkshire, worsted manufacturer, June 20 at I ruptcy, Birmingham.-John Morris, Manchester, auctioneer, June 24 at 12, District Court of Bankruptcy, Manchester.

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Wednesday, May 27. -Abraham Lord, Collyhurst, Manchester, dyer, June 23 at 12, District Court of Bankruptcy, Manchester.

Orders have been made, vesting in the Provisional Assignee

the Estates and Effects of the following Persons :To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before June 19.

(On their own Petitions). Wm. Brooke, Snow-hill, London, ale-house keeper.—Thos.. Seth Richard Evans, Maiden-lane, Islington, Middlesex, Robinson, Swansea, Glamorganshire, grocer.-J. D. Hinx-beer-shop keeper : in the Debtors Prison for London and Mid. man, Harley-street, Cavendish-square, Middlesex, wine mer- dlesex.-4. Lawes, Wharf-road, Pritchard's-road, Hackneychant.-Wm. E. Briden, Great Coram-street, Brunswick road, Middlesex, dealer in coals : in the Debtors Prison for square, Middlesex, surgeon.-Richard Childs, Queen Anne | London and Middlesex.-J. Taylor Bryson, Victoria-place, street, Cavendish-square, Middlesex, tailor. - James Giro, High-street, Hoxton Old-town, Middlesex, baker : in the Moorgate-street, London, merchant.-Thos. Dowglass, Vigo Debtors Prison for London and Middlesex.-Wm. Whaley street, Middlesex, cloth manufacturer.-Rich. C. Turner, the younger, Rahere-street, St. Luke's, Middlesex, licensed Houndsditch, London, carpenter.

victualler's cabinet maker : in the Debtors Prison for London

and Middlesex.—John Glindinning, Sloane-street, Chelsea, FIAT ANNULLED

Middlesex, manager of a jewellery business ; in the Queen's James Rishden, Hoddlesden, Over Darwen, Lancashire, Prison.- Jas. Ash, Bermondsey-cross-alley, Marygold-street, cotton spinner.

Bermondsey, Surrey, shoe maker : in the Gaol of Surrey.Scotch SEQUESTRATIONS.

Wm. Henry Low, High-street, Shoreditch, keeper of dining

rooms : in the Debtors Prison for London and Middlesex.John Macphail, Dingwall, merchant.-A. and G. M'Leay,

John Rich. Miskin, Bowley-bill, Rochester, Kent, out of buFortrose and Avoch, Ross-shire, merchants.

siness : in the Gaol of Maidstone.-Wm. Griffin, Hastings, INSOLVENT DEBTORS

Sussex, baker: in the Gaol of Dovor.-Peter Theakston, Pe.

tergate, Yorkshire, painter : in the Gaol of York.-Thomas Who have filed their Petitions in the Court of Bankruptcy,

Wilson, Conside, near Shotley-bridge, Durham, labourer : in and have obtained an Interim Order for Protection from the Gaol of Durham.-John Orton, Durham, superintendent Process.

to the erection of coke ovens : in the Gaol of Durham.-Jane Charles Broad, High-street, Hoxton Old-town, Middlesex, Treleaven, Luxulion, Cornwall, grocer: in the Gaol of cheesemonger, June 9 at 11, Court of Bankruptcy, London.- Bodmin. Wr. Sedrick, Stanmore, Middlesex, pig dealer, June 9 at

(On Creditor's Petition). half-past 12, Court of Bankruptcy, London.-Wm. Camp, Hertford, general dealer in tobacco, June 9 at 11, Court of

Thomas Dew, Bratton, Westbury, Wiltshire, yeoman: in

the Gaol of Fisherton Anger.
Bankruptcy, London.-S. T. W. Gawthorp, Portland-place
North, Clapham-road, Surrey, surveying clerk to the County
Fire Office, June 11 at 11, Court of Bankruptcy, London.-

The following Prisoners are ordered to be brought up before Wm. Henry Green, Bedford, dyer, June 10 at 11, Court of

the Court, in Portugal-st., on Monday, June 15, at 9. Bankruptcy, London.-Thomas Cripps, Queen's-road, Not. Stephen Sly, Charlton, near Lee, Kent, engraver.-Thomas ting-bill, Middlesex, painter, June 10 at 11, Court of Bank. | Blake, Newgate-street, London, meat salesman.—John Henry ruptcy, London.- Edward B. Ground, York-street, Kings- Nairne, Curtain-road, Shoreditch, Middlesex, brass founder. land-road, Middlesex, in the employ of the London City Mis- -Wm. Charlton Forster, Sydenham, Kent, out of business. sion Society, June 9 at 11, Court of Bankruptcy, London.Sara Hills, South Bersted, Sussex, spinster, out of business, Court-house, WAKEFIELD, Yorkshire, June 12 at 10. May 30 at half-past 2, Court of Bankruptcy, London.-M.

Robt. Jaques, Huddersfield, out of business.-R. Peniston, Smith, Liverpool, bricklayer, June 9 at 11, District Court of Lee

ourt of Leeds, out of business.-Susannah Higgins, Leeds, out of Bankruptcy, Liverpool.- Robert Pate, Birkenhead, Cheshire,

business.-John Roberts, Barnoldswick, out of business.-R. butcher, June 9 at 11, District Court of Bankruptcy, Liver.

Walmsley Hartley, Sheffield, warehouseman.-Jos. Sugden, pool. - Thomas Ledger, Liverpool, dealer in tobacco, June 5

North Brierley, near Bradford, farmer.-Henry Buckley, Sad. at II, District Court of Bankruptcy, Liverpool.-C. Willis,

dleworth, farmer.-John Taylor, Leeds, fruiterer.-J. Siddle, Ererton, Lancashire, out of business, June 25 at 11, District

Almondbury, near Huddersfield, bobbin winder.-J. Haigh, Court of Bankruptcy, Liverpool.-R. S. Zamoiski, Exeter,

Meltham, near Huddersfield, publican.-James Balme, Hoyle travelling dealer in steel pens, June 4 at 1, District Court of

Bottom, near Halifax, wool sorter.-J. Jowett, Clayton, near Bankruptcy, Exeter.- John Ward, Idle, Calverley, York

Bradford, stuff manufacturer. -John Edmondson, Gisburn, shire, beer-house keeper, June 2 at 11, District Court of Bankraptcy, Leeds.-Samuel Reed, Batley, Yorkshire, rag mer.

clogger.-Henry Moorwood, Sheffield, corn miller. chant, June 2 at 11, District Court of Bankruptcy, Leeds.

June 13, at the same hour and place. Jarris Jagger, Clayton Heights, near Bradford, Yorkshire, staff manufacturer, June 11 at 11, District Court of Bank: Joseph Scott, Leeds, shopman to a clock maker.-George ruptcy, Leeds.- Richard Barlow, Whixley, Yorkshire, shoe.

Burrell, Leeds, drysalter.-Rich. Holmes, Bristol, near Leeds, maker, June 2 at 11, District Court of Bankruptcy, Leeds.

tallow chandler.-Wm. Skelton, Gleadless, near Sheffield, laHugh Hudson, Yeadon, Guiseley, Yorkshire, cloth manufac bourer.- Fred. Barnes, Saddleworth, weaver.--Jas. Walker, turer, Jane 2 at 11, District Court of Bankruptcy, Leeds. Gomersal, near Leeds, woollen spinner.- Alexander Riley, Radcliffe Cairodus, Bradford, Yorkshire, beer seller, June 2 Holbeck, shoe maker.-Sam. Sharp, Clayton Heights, near at 11, District Court of Bankruptcy, Leeds.--Thos. Dixon,

Bradford, stuff manufacturer.-James Wharrie, Otley, clock Leeds, Yorkshire, traveller and warehouseman, June 11 at 11,

maker.-Richard Shephard, Clayton Heights, near Bradford, District Court of Bankruptcy, Leeds.-Mary Richards, widow, stuff manufacturer. Bristol, beer retailer, June 9 at 12, District Court of Bankraptcy, Bristol.—Charles Jameson, Birmingham, cork cutter,

Court-house, READING, Berkshire, June 13 at 10. June 4 at 12, District Court of Bankruptcy, Birmingham.- 1 Rich. Smith, Wallingford, tailor.--Charles Stratton, StamE. Lloyd, Ellesmere, Shropshire, plumber, June 16 at 10, Dis- ford, near Farringdon, out of business.-W. Armer, Harwell, trict Court of Bankruptcy, Birmingham.-W. Woodward the near Abingdon, cattle dealer. younger, Nottingham, brazier, June 23 at 10, District Court of Bankruptcy, Birmingham.-W. Newey, Birmingham, brick Court-house, OXFORD, (County), June 15 at 10. layer, June 16 at 10, District Court of Bankruptcy, Birming-1 John Hall. Oxford, carpenter. Thomas Barnes, St. Ebbe, ham. John Duck, Derby, licensed victualler, June 23 at 10, I shor District Court of Bankruptcy, Birmingham. - H. Willis,

shopkeeper. Gedling, and Richard Willis, West Bridgeford, Nottingham.

MEETINGS. shire, out of business, June 15 at 12, District Court of Bank Francis Nixon, Bristol, attorney at law, June 15 at 12, ruptcy, Birmingham.- Thomas Gorton, Lower Cabin-end, Whittington's, Bristol, sp. aff.-Joseph Lewis, Sneinton, Not. Oswaldtwisle, Lancashire, labourer, June 9 at 1, District tinghamshire, out of business, June 13 at 10, Patchitt's, PeCourt of Bankruptcy, Manchester.

| tergate, Nottinghamshire, sp. aff.

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-Vol. X.

No. 491–Vol. X.
JUNE 6, 1846.

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SG.J. P. SMITH, Esq. of the Inner Privy Council ....... S TENISON EDWARDS, Esq. of the Court of Queen's Bench

"S DOLC | Temple, Barrister at Law. ." 1 Inner Temple, Barristerat Law.

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LONDON, JUNE 6, 1846.

money they have lent or contracted to lend, that is, to

the extent of their shares. The shareholders generally At a time when so much English capital is engaged responsible, are termed solidaires or commandités; and in Railroad Companies in France, and when it is likely the shareholders responsible only to the extent of their that such investments will become more and more ex- shares, are termed commanditaires. Such partnerships tended, we shall, we think, be doing service to our are carried on under a style, which must be composed readers, by bringing under their attention the general of the names of some one or more of the shareholders state of the French law of partnership. .

generally responsible; and it would be wrong to introBy the French code (Code de Commerce, liv. 1, tit. 3, duce into the ostensible names of the firm, the name 2.1) three regular species of partnership are recognised.) of a shareholder commanditaire; to do so, with his

The first, termed “société en nom collectif,” is that acquiescence, would, in fact, make him a shareholder which is formed between two or more persons, having commandité, and liable for all the debts of the partnerfor its object to trade under a style' or firm. These ship. The management of the concerns of a partnerpartnerships are constituted by deed, which may be ship en commandite, is vested in the shareholders comeither a public deed, that is, a deed passed by public mandités exclusively; and this seems to be, in fact, the officers, having certain powers, (see Code Civil, liv. 3, distinguishing attribute, in virtue of which the general tit.3, s. 1); or by private deed, which, to have full effect, liability arises; for, if a shareholder commanditaire, must be executed pursuant to certain regulations con- that is, not overtly and expressly put forward as a comtained in the Code Civil, (sect. 1325). The partner-mandité or solidaire, does any direct or indirect act of ship termed “ société en nom collectif” does not seem management, he becomes liable immediately as a solito differ from an ordinary English partnership. The daire or commandité, that is, individually liable for all persons whose names are contained in the partnership the debts and engagements of the partnership. The deed are all liable, to the extent of their respective terins of the 27th and 28th sections of the Code de Comestates, for all the contracts of the firm, even though merce (liv.1, tit. 3) on this point are as follows:-Sect. such contract should be only signed by one of the part. 27. A partner commanditaire may not do any act of maDers, provided he has signed in the name of the firm. nagement, nor be employed in or about t

The second kind of partnership regularly recognised of the partnership, even under a power of attorney. by the French law, is that which is termed “société en Sect. 28. In case of breach of the prohibition mentioned commandite;" and this is the species of partnership in the preceding article, the partner commanditaire which, we believe, is most frequently adopted in France is bound solidairement, that is, generally, with the for public undertakings.

partners generally responsible, for all the debts and enThe peculiarity of the “société en commandite" is gagements of the partnership. this; it is a partnership composed of certain share It behoves, therefore, Englishmen taking shares as holders, who are individually liable for all the engage- commanditaires, viz. mere shareholders, in a French ments of the partnership; and of certain others, who company par commandite, to consider well what acts are in the nature of mere lenders of money to the they do, savouring in the remotest de res n manage partnership, and are only liable to the extent of the ment, lest they render themselves as mueble to the Vol. X.

? 155

ess

whole extent of their assets, for the engagements of the and half French: French, so far as the rule of law company. They must recollect, that, if the question

is concerned ; English, so far as the facts, and the rules arises in such a form that their liability would depend

of evidence applied to the proof of the facts are con

cerned. upon what is the French law, very slight acts of inter

The result of this inquiry is, that, as already obference would seem to fall within the meaning of the served, English shareholders commanditaires, in French 28th section of the Code de Commerce above cited. companies en commandite, should be very cautious in

The third species of regular partnership recognised their proceedings, and not forget, that, by very slight by the French law is what is termed the “ société acts, they may convert themselves, from persons liable

oot only to the extent of their shares, into partners in the anonyme.This species of partnership consists of part-1

strongest English sense of the word. ners, none of whom are liable beyond the extent of their shares. It cannot be formed without the special license of the Crown. It is managed by directors, who

The Editors of THE JURIST regret to find that a paper

printed ante, p. 183, referring to a pamphlet by Mr. may or may not be shareholders, and are not personally

Swinburne, has been thought by that gentleman to liable in respect of their acts of management to third misrepresent or misapprehend his views and arguments. parties. It is not designated by the names of any share- | We are unable ourselves to perceive the misrepresentaholders, but by the name of the undertaking, as, for tion or misapprehension, and must, therefore, beg such instance, “ The Rouen Railroad Company," and not of our readers as take an interest in the subject, to com“ Messrs. A., B., & C.” Such a company seems to be

pare the pamphlet and the paper in question, and judge

for themselves. nearly akin to our parliamentary or chartered jointstock companies; its powers, liabilities, and modes of

ON ASSETS BY DESCENT. proceeding being regulated by a specific deed, which is in the nature of a royal charter.

The following observations are intended as in some There seems no great difficulty or danger attending degree supplementary to two papers which some time the connexion with a société anonyme. As its powers since appeared in THE JURIST « On Descent among Coare entirely regulated by a specific deed, which cannot parceners,” and “On the Curtesy of the Husband of a have any legal existence, except pursuant to the royal

Coparcener.In reply to the extended correspondence

to which these papers have given rise, the writer begs license, it follows that acts inconsistent with the deed leaves

in the deed leave simply to request the readers of THE JURIST to reare mere nullities quâ acts of partnership; and, there- peruse the papers. The two positions which the writer fore, a shareholder in a société anonyme is tolerably safe, believes to be the best established are those which have not being liable to be prejudiced by his own indiscretion; / been the most attacked, namely, that, under the old because, as the law is, and third persons are taken to la

law, when descent was traced from a parent, the issue

of a daughter were entitled by representation to the know that the law is, that he can do no valid act except

epoentire share which such daughter would still have held pursuant to the terms of the partnership deed, he may, 1 bad she not died, to the exclusion of a surviving sisspeaking generally, commit any act of indiscretion, ter*, and that, under the new law, the purchaser only and, provided it be not sanctioned by the act or deed of can be the stock of descent, or that all lands must departnership, it is, with regard to his partnership lia- scend to his heirs as such. In support of the former of bility, as if he had done nothing. But, with regard to

| these positions the writer has no further authority to the société en commandite, it is quite otherwise.

offer, and he has not been furnished with any opposing

There authority which he might discuss. In support of the the immunity of the partner commanditaire from ge- latter, he might, perhaps, have obviated opposition by neral liability, depends entirely upon his doing no act referring to the 3rd section of the Act for the Amendof management. What is an act of management, the ment of the Laws with respect to Wills, (stat. 7 Will. Code, in its beautiful and much-admired simplicity, 14

14 & 1 Vict. c. 26), which was passed when the Act to wholly omits to describe; and, consequently, the only for above three years, and which seems to contain a par

| amend the Law of Inheritance had been in operation mode of securing absolute safety by the shareholder liamentary exposition of the latter statute. The Wills commanditaire, consists in abstaining from doing any act Act enacts, (sect. 3), “ that it shall be lawful for every whatever, in which there is but the semblance of inter- person to devise, bequeath, or dispose of, by his will, eseference in the management.

| cuted in manner hereinafter required, all real estate and It may be observed, with regard to an English share

all personal estate which he shall be entitled to, either holder commanditaire, in a French société en comman- Vif not so devised, bequeathed, or disposed of, would

at law or in equity, at the time of his death, and which, dite, that, if he were to do in this country any act devolve upon the heir-at-law or customary heir of alleged to be an act of management, it seems doubtful, him, or, if he became entitled by descent, of his ancestor, if the question of his liability had to be tried in any or upon his executor or administrator.” The insertion of our courts, to what extent it would, in fact, be tried l of the words in italics would have been erroneous, if according to the French law, or, at least, according to

lands descended do not always devolve on the heir of

the ancestor as such. According to the opposing French principles of decision. It seems clear that any | theory, the words should have been, “ if he became purely legal question would be decided according to the entitled by descent, and did not gain an actual seisin, French law, the rules of which would be proved in the or do anything equivalent thereto. For, according to ordinary way, by the evidence of persons learned in the the old law, in such event, and in such event only, law of France. But the question, management or no

lands descend to the heir of the ancestor as such ; and management, would be a question of fact, and that. ! * [We understand, that, in a case which occurred under the we apprehend, would be matter for the determination | old law, of a descent of a reversion to two daughters, one of

whom died without having acquired seisin, leaving issue, the of the jury, if the case were such as to bring it into late Mr. Duval can

ing it into late Mr. Duval and another learned conveyancer now living a court of law, or of the judge, if it came into equity. I gave opinions to the effect that the surviving daughter was enIn effect, therefore, the decision would be half English I titled by descent to three-fourths of the entire estate. -Ed.]

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