11, District Court of Bankruptcy, Leeds, aud. ac.; June 25 at 11, div.-Thos. Harding, Lichfield, schoolmaster, June 23 at 11, District Court of Bankruptcy, Birmingham, aud. ac.— Edw. W. Baxter, Coventry, Warwickshire, ironmonger, June 20 at 12, District Court of Bankruptcy, Birmingham, aud. ac. and pr. d.-Lewis Reis, Jas. Power, and Gustavus Kænig, Fenchurch-st., London, and Wandsworth, Surrey, merchants, June 19 at half-past 11, Court of Bankruptcy, London, div. joint and sep. est. Lewis Reis and Gus. Koenig.-John Crisp, Great Tower-st., London, wine and spirit broker, June 19 at 2, Court of Bankruptcy, London, div.-Samuel Harrison, Poole, provision merchant, June 19 at 1, Court of Bank. ruptcy, London, div.-Edmond S. G. Monkhous and Mich. A. Gorman, London, merchants, June 20 at 2, Court of Bankruptcy, London, fin. div.-Thomas Johnson the elder, Wm. Johnson, and Chas. Mann, Romford, Essex, bankers, June 19 at 11, Court of Bankruptcy, London, div.—John A. Dow, Romford, Essex, draper, June 19 at 12, Court of Bankruptcy, London, div.-Thomas Standen, Maidstone, Kent, brewer, June 19 at half-past 12, Court of Bankruptcy, London, div.-Edw. Clayton, Edgeware-road, Middlesex, licensed victualler, June 19 at 1, Court of Bankruptcy, London, div. JOHN BOYD and JAMES BOYD, Wellington-chambers, Southwark, Surrey, hop, seed, and guano merchants, (trading under the firm of John Boyd & Co.), June 15 at 2, and July 10 at 11, Court of Bankruptcy, London: Off. Ass. Graham; Sol. Philips, Size-lane.-Fiat dated May 25. WILLIAM LOCKS, Leonard-st., Curtain-road, Shoreditch, Middlesex, timber merchant, June 16 at half-past 2, and July 10 at 12, Court of Bankruptcy, London: Off. Ass. Groom; Sol. Taylor, 38, Moorgate-street, City.-Fiat dated May 26. CHARLES FREDERICK ELLERMAN, Philpot-lane, London, agent and commission merchant, dealer and chapman, June 12 at 2, and July 10 at half-past 11, Court of Bankruptcy, London: Off. Ass. Edwards; Sols. Amory & Co., 25, Throgmorton-street.-Fiat dated May 26. GEORGE FREEMAN, Croydon, Surrey, grocer and general dealer, June 5 at 11, and July 11 at 1, Court of Bankruytcy, London: Off. Ass. Green; Sols. Allen & Nicol, 88, Queen-st., Cheapside. -Fiat dated May 22. THOMAS JEFFRIES, Aberystwyth, Cardiganshire, victualler and jeweller, June 9 and July 7 at 1, District Court of Bankruptcy, Bristol: Off. Ass. Miller; Sols. Harrison, 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, Middlesex, iron merchant, June 22 at 11, Court of Bankruptcy, London, div.-Jonh Hutton, Ringwood, Southampton, draper, June 22 at half-past 11, Court of Bankruptcy, London, div.-Step. Bucknell, Hendon, Middlesex, carman, June 22 at 1, Court of Bankruptcy, London, div.-R. H. Blacker and Chas. Earith the younger, Gresham-st., London, warehousemen, June 22 at 12, Court of Bankruptcy, London, div.Pat. W. Carter and Jas. Jackson, Brewer-st., Golden-sq., Middlesex, woollen drapers, June 19 at 12, Court of Bankruptcy, London, div.-Wm. Insall, Shipston-on-Stour, Worruptcy, Birmingham, aud. ac. and div.-Robert Penhey the younger, East Stonehouse, Devonshire, grocer, June 25 at 1, District Court of Bankruptcy, Exeter, div.-Francis Ward, Batley, Yorkshire, rag merchant, June 26 at 11, District Court of Bankruptcy, Leeds, div.— Benjamin Clark, Leeds, Yorkshire, corn factor, June 26 at 11, District Court of Bank. ruptcy, Leeds, div.-Dav. Broadhead and Aug. John Halcro, Leeds, Yorkshire, stock brokers, June 26 at 11, District Court of Bankruptcy, Leeds, div.-Robert Pickles, Barnsley, Yorkshire, linen manufacturer, June 23 at 11, District Court of Bankruptcy, Leeds, div.-Edm. Thos. Allen, Castlegate, Yorkshire, apothecary, June 25 at 11, District Court of Bankruptcy, Leeds, div.-Jas. Cousen and Lucy Cousen, Bingley, and John R. Cousen, Bradford, Yorkshire, worsted spinners, June 23 at 11, District Court of Bankruptcy, Leeds, div.— Joah Sugden and Dav. Sugden, Springfield, Kirkburton, and Huddersfield, Yorkshire, fancy cloth manufacturers, June 23 at 11, District Court of Bankruptcy, Leeds, fin. div. sep. est, Joah Sugden. MARIA BIRD, Cheltenham, Gloucestershire, milliner, June 11 and July 9 at 1, District Court of Bankruptcy, Bristol Off. Ass. Acraman; Sol. Winterbotham, Cheltenham.-Fiat dated May 18. ROBERT DAVIES, Abbey Tintern, Monmouthshire, draper, shopkeeper, dealer and chapman, June 12 at 1, and July 10 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Hutton; Sols. W. and C. Bevan, Bristol.-Fiat dated May 18. GEORGE SAMUEL COXWELL and WILLIAM CROSER, Newcastle-upon-Tyne, merchants, ship and in-cestershire, auctioneer, June 20 at 12, District Court of Banksurance brokers, commission agents, dealers and chapmen, June 5 at half-past 10, and July 9 at 1, District Court of Bankruptcy, Newcastle-upon-Tyne: Off. Ass. Wakley, Sols. Hewison, Newcastle-upon-Tyne; Capes & Stuart, Gray's Inn, London.-Fiat dated May 22. WILLIAM BALDOCK, Nottingham, grocer and flour dealer, June 16 and July 14 at half-past 10, District Court of Bankruptcy, Birmingham: Off. Ass. Christie; Sol. Browne, Nottingham.-Fiat dated May 21. WILLIAM WHITE, Tavistock, Devonshire, tailor, dealer and chapman, June 10 and July 1 at 11, District Court of Bankruptcy, Exeter: Off. Ass. Hernaman; Sols. Stogdon or Daw, Exeter.-Fiat dated May 11. NEHEMIAH JOHN REED, Marlborough, Wiltshire, licensed common brewer and maltster, dealer and chapman, June 11 at 11, and July 10 at 12, District Court of Bankruptcy, Bristol: Off. Ass. Hutton; Sols. Bennett & Paul, 1, Sise-lane, London.-Fiat dated May 27. THOMAS SUGER, Kingston-upon-Hull, corn merchant, dealer and chapman, June 10 and July 1 at 11, District Court of Bankruptcy, Kingston-upon-Hull: Off. Ass. Kynaston; Sols. Holden & Son, Hull; Hicks, Gray's Inn, London.-Fiat dated May 20. MEETINGS. Wm. Bromley, Gray's Inn-square, Gray's Inn, Middlesex, scrivener, June 12 at 11, Court of Bankruptcy, London, last ex.-The Hon. F. H. Needham, New Bond-st., and Fairfieldlodge, Addison-road, Kensington, Middlesex, dressing-case maker, June 10 at 1, Court of Bankruptcy, London, last ex. -Wm. Hen. Smith, Manchester, hop merchant, June 19 at 11, District Court of Bankruptcy, Birmingham, last ex.-Jas. Wilson, Woolwich, Kent, and Bury-st., Chelsea, Middlesex, cabinet maker, June 19 at 11, Court of Bankruptcy, London, aud. ac.-Chas. Self, Sun-st., Bishopsgate Without, London, plumber, June 19 at half-past 1, Court of Bankruptcy, London, aud. ac.— William Rogers, Lewes, Sussex, draper, June 19 at 2, Court of Bankruptcy, London, aud. ac.James Gilbert Gore, Cheltenham, Gloucestershire, innkeeper, June 30 at 11, District Court of Bankruptcy, Bristol, aud. ac. -Robert Penhey the younger, East Stonehouse, Devonshire, grocer, June 23 at 11, District Court of Bankruptcy, Exeter, aud. ac.- -Sam. Hutchinson, Bradford, Yorkshire, stock and share broker, June 20 at 11, District Court of Bankruptcy, Leeds, aud. ac.; June 26 at 11, div.-Thos. Patchett, Brighouse, Halifax, Yorkshire, worsted manufacturer, June 20 at CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on the Moyse Brunswick, Lime-street, London, merchant, June 19 at 12, Court of Bankruptcy, London.-Thos. Matthews, Aldgate High-st., London, draper, June 25 at 11, Court of Bankruptcy, London.-Wm. Humphryes, Haymarket, Middlesex, hotel keeper, June 22 at 11, Court of Bankruptcy, London.-Wm. Rogers, Lewes, Sussex, draper, June 19 at 2, Court of Bankruptcy, London.-John Arkell, Donningtonmill, Stowe-on-the-Wold, Gloucestershire, miller, June 19 at 12, District Court of Bankruptcy, Bristol.—Thos. A. Phillips, Huddersfield, Yorkshire, oil merchant, June 25 at 11, District Court of Bankruptcy, Leeds.-Geo. Duckhom, Merthyr, Glamorganshire, butcher, June 25 at 11, District Court of Bankruptcy, Bristol.-Henry Roe, Liverpool, goldsmith, June 22 at 11, District Court of Bankruptcy, Liverpool.— Alex. M. Beaumont, Honley, Almondbury, Yorkshire, woollen cloth manufacturer, June 23 at 11, District Court of Bankruptcy, Leeds.-Dav. Broadhead and Aug. J. Halero, Leeds, Yorkshire, stock brokers, June 23 at 11, District Court of Bankruptcy, Leeds.-Wm. Cross, Weymouth and Melcombe Regis, Dorsetshire, coal merchant, June 25 at 1, District Court of Bankruptcy, Exeter.-Thomas Maguire, Birmingham, draper, June 24 at 12, District Court of Bankruptcy, Birmingham.-John Morris, Manchester, auctioneer, June 24 at 12, District Court of Bankruptcy, Manchester. -Abraham Lord, Collyhurst, Manchester, dyer, June 23 at 12, District Court of Bankruptcy, Manchester. Wednesday, May 27. Orders have been made, vesting in the Provisional Assignee the Estates and Effects of the following Persons :— (On their own Petitions). Seth Richard Evans, Maiden-lane, Islington, Middlesex, To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before June 19. Wm. Brooke, Snow-hill, London, ale-house keeper.-Thos. Robinson, Swansea, Glamorganshire, grocer.-J. D. Hinx-beer-shop keeper: in the Debtors Prison for London and Midman, Harley-street, Cavendish-square, Middlesex, wine merchant.-Wm. E. Briden, Great Coram-street, Brunswicksquare, Middlesex, surgeon.-Richard Childs, Queen Annestreet, Cavendish-square, Middlesex, tailor. James Giro, Moorgate-street, London, merchant.-Thos. Dowglass, Vigostreet, Middlesex, cloth manufacturer.-Rich. C. Turner, Houndsditch, London, carpenter. FIAT ANNULLED, dlesex.-A. Lawes, Wharf-road, Pritchard's-road, Hackneyroad, Middlesex, dealer in coals: in the Debtors Prison for London and Middlesex.-J. Taylor Bryson, Victoria-place, High-street, Hoxton Old-town, Middlesex, baker: in the Debtors Prison for London and Middlesex.-Wm. Whaley the younger, Rahere-street, St. Luke's, Middlesex, licensed victualler's cabinet maker: in the Debtors Prison for London and Middlesex.-John Glindinning, Sloane-street, Chelsea, 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. SCOTCH SEQUESTRATIONS. Bermondsey, Surrey, shoe maker: in the Gaol of Surrey.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-hill, Rochester, Kent, out of buFortrose and Avoch, Ross-shire, merchants. INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process. siness in the Gaol of Maidstone.-Wm. Griffin, Hastings, The following Prisoners are ordered to be brought up before Stephen Sly, Charlton, near Lee, Kent, engraver.-Thomas Blake, Newgate-street, London, meat salesman.-John Henry Nairne, Curtain-road, Shoreditch, Middlesex, brass founder. -Wm. Charlton Forster, Sydenham, Kent, out of business. Charles Broad, High-street, Hoxton Old-town, Middlesex, cheesemonger, June 9 at 11, Court of Bankruptcy, London. Wm. Sedrick, Stanmore, Middlesex, pig dealer, June 9 at half-past 12, Court of Bankruptcy, London.-Wm. Camp, Hertford, general dealer in tobacco, June 9 at 11, Court of 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.Wm. Henry Green, Bedford, dyer, June 10 at 11, Court of Bankruptcy, London.-Thomas Cripps, Queen's-road, Notting-hill, Middlesex, painter, June 10 at 11, Court of Bankruptcy, London.-Edward B. Ground, York-street, Kingsland-road, Middlesex, in the employ of the London City Mission Society, June 9 at 11, Court of Bankruptcy, London.Sarah 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. Smith, Liverpool, bricklayer, June 9 at 11, District Court of Leeds, out of business.-Susannah Higgins, Leeds, out of Robt. Jaques, Huddersfield, out of business.-R. Peniston, 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, Sadat 11, District Court of Bankruptcy, Liverpool.-C. Willis, dleworth, farmer.-John Taylor, Leeds, fruiterer.-J. Siddle, Everton, 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 Bank-clogger.-Henry Moorwood, Sheffield, corn miller. ruptcy, Leeds.-Samuel Reed, Batley, Yorkshire, rag merchant, June 2 at 11, District Court of Bankruptcy, Leeds.Jarvis Jagger, Clayton Heights, near Bradford, Yorkshire, stuff manufacturer, June 11 at 11, District Court of Bankruptcy, Leeds.-Richard Barlow, Whixley, Yorkshire, shoemaker, June 2 at 11, District Court of Bankruptcy, Leeds. Hugh Hudson, Yeadon, Guiseley, Yorkshire, cloth manufacturer, June 2 at 11, District Court of Bankruptcy, Leeds. Radcliffe Cairodus, Bradford, Yorkshire, beer seller, June 2 at 11, District Court of Bankruptcy, Leeds.-Thos. Dixon, Leeds, Yorkshire, traveller and warehouseman, June 11 at 11, District Court of Bankruptcy, Leeds.-Mary Richards, widow, Bristol, beer retailer, June 9 at 12, District Court of Bankruptcy, Bristol.-Charles Jameson, Birmingham, cork cutter, June 4 at 12, District Court of Bankruptcy, Birmingham.E. Lloyd, Ellesmere, Shropshire, plumber, June 16 at 10, District Court of Bankruptcy, Birmingham.-W. Woodward the younger, Nottingham, brazier, June 23 at 10, District Court of Bankruptcy, Birmingham.-W. Newey, Birmingham, bricklayer, June 16 at 10, District Court of Bankruptcy, Birmingham.-John Duck, Derby, licensed victualler, June 23 at 10, District Court of Bankruptcy, Birmingham. - H. Willis, Gedling, and Richard Willis, West Bridgeford, Nottinghamshire, out of business, June 15 at 12, District Court of Bankruptcy, Birmingham.-Thomas Gorton, Lower Cabin-end, Oswaldtwisle, Lancashire, labourer, June 9 at 1, District Court of Bankruptcy, Manchester. June 13, at the same hour and place. Joseph Scott, Leeds, shopman to a clock maker.-George Burrell, Leeds, drysalter.-Rich. Holmes, Bristol, near Leeds, tallow chandler.-Wm. Skelton, Gleadless, near Sheffield, labourer.-Fred. Barnes, Saddleworth, weaver.-Jas. Walker, Gomersal, near Leeds, woollen spinner.-Alexander Riley, Holbeck, shoe maker.-Sam. Sharp, Clayton Heights, near Bradford, stuff manufacturer.-James Wharrie, Otley, clock maker.-Richard Shephard, Clayton Heights, near Bradford, stuff manufacturer. Court-house, READING, Berkshire, June 13 at 10. Rich. Smith, Wallingford, tailor.-Charles Stratton, Stamford, near Farringdon, out of business.-W. Armer, Harwell, near Abingdon, cattle dealer. Court-house, OXFORD, (County), June 15 at 10. John Hall, Oxford, carpenter.-Thomas Barnes, St. Ebbe, shopkeeper. MEETINGS. Francis Nixon, Bristol, attorney at law, June 15 at 12, Whittington's, Bristol, sp. aff.-Joseph Lewis, Sneinton, Nottinghamshire, out of business, June 13 at 10, Patchitt's, Petergate, Nottinghamshire, sp. aff. SOCIETY for PROMOTING the AMENDMENT of the LAW.-THE PUBLIC MEETING advertised to be held at the This day is published, in one thick Volume, royal 8vo., price 17. 18. boards, Society's Rooms on Wednesday last, the 27th of May instant, is POST-THE ELEVENTH EDITION of SIR E. B. SUGDEN'S PONED to Saturday, the 6th of June, when the attendance of all Persons interested in the important Object of the Amendment of the Law is earnestly requested. The Right Hon. Lord BROUGHAM will take the Chair at 3 o'clock precisely.-21, Regent-street. INNER TEMPLE.-TRINITY TERM, 1846. PRACTICAL TREATISE on the LAW of VENDORS and PURCHASERS of ESTATES. ** By adopting a smaller type and adding to the fullness of the pages, this Edition has been very considerably reduced in bulk and price. 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Ar a time when so much English capital is engaged in Railroad Companies in France, and when it is likely that such investments will become more and more extended, we shall, we think, be doing service to our readers, by bringing under their attention the general state of the French law of partnership. money they have lent or contracted to lend, that is, to the extent of their shares. The shareholders generally responsible, are termed solidaires or commandités; and the shareholders responsible only to the extent of their shares, are termed commanditaires. Such partnerships are carried on under a style, which must be composed of the names of some one or more of the shareholders 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 3.1) 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 terms 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 maners, provided he has signed in the name of the firm. nagement, nor be employed in or about the business of the partnership, even under a power of attorney. Sect. 28. In case of breach of the prohibition mentioned in the preceding article, the partner commanditaire is bound solidairement, that is, generally, with the partners generally responsible, for all the debts and engagements of the partnership. The second kind of partnership regularly recognised by the French law, is that which is termed "société en commandite;" and this is the species of partnership which, we believe, is most frequently adopted in France for public undertakings. The peculiarity of the "société en commandite" is this: it is a partnership composed of certain shareholders, who are individually liable for all the engagements of the partnership; and of certain others, who are in the nature of mere lenders of money to the partnership, and are only liable to the extent of the VOL. X. U It behoves, therefore, Englishmen taking shares as commanditaires, viz. mere shareholders, in a French company par commandite, to consider well what acts they do, savouring in the remotest degree of manage ment, lest they render themselves partners liable to the whole extent of their assets, for the engagements of the company. They must recollect, that, if the question arises in such a form that their liability would depend upon what is the French law, very slight acts of interference would seem to fall within the meaning of the 28th section of the Code de Commerce above cited. and half French: French, so far as the rule of law is concerned; English, so far as the facts, and the rules of evidence applied to the proof of the facts are con cerned. The result of this inquiry is, that, as already observed, English shareholders commanditaires, in French 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 anonyme." This species of partnership consists of part-only to the extent of their shares, into partners in the 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 may or may not be shareholders, and are not personally liable in respect of their acts of management to third parties. It is not designated by the names of any shareholders, but by the name of the undertaking, as, for instance, "The Rouen Railroad Company," and not “Messrs. A., B., & C." Such a company seems to be nearly akin to our parliamentary or chartered jointstock companies; its powers, liabilities, and modes of proceeding being regulated by a specific deed, which is in the nature of a royal charter. The Editors of THE JURIST regret to find that a paper Swinburne, has been thought by that gentleman to printed ante, p. 183, referring to a pamphlet by Mr. misrepresent or misapprehend his views and arguments. We are unable ourselves to perceive the misrepresentation or misapprehension, and must, therefore, beg such of our readers as take an interest in the subject, to compare the pamphlet and the paper in question, and judge for themselves. ON ASSETS BY DESCENT. The following observations are intended as in some degree supplementary to two papers which some time since appeared in THE JURIST "On Descent among Coparceners," and "On the Curtesy of the Husband of a to which these papers have given rise, the writer begs Coparcener." In reply to the extended correspondence leave simply to request the readers of THE JURIST to reperuse the papers. The two positions which the writer believes to be the best established are those which have been the most attacked, namely, that, under the old law, when descent was traced from a parent, the issue entire share which such daughter would still have held of a daughter were entitled by representation to the had she not died, to the exclusion of a surviving sister*; and that, under the new law, the purchaser only can be the stock of descent, or that all lands must de There seems no great difficulty or danger attending the connexion with a société anonyme. As its powers are entirely regulated by a specific deed, which cannot have any legal existence, except pursuant to the royal license, it follows that acts inconsistent with the deed are mere nullities quâ acts of partnership; and, therefore, a shareholder in a société anonyme is tolerably safe, not being liable to be prejudiced by his own indiscretion; because, as the law is, and third persons are taken to know that the law is, that he can do no valid act except pursuant to the terms of the partnership deed, he may, speaking generally, commit any act of indiscretion, and, provided it be not sanctioned by the act or deed of partnership, 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 the société en commandite, it is quite otherwise. There the immunity of the partner commanditaire from general liability, depends entirely upon his doing no act of management. What is an act of management, the Code, in its beautiful and much-admired simplicity, wholly omits to describe; and, consequently, the only mode of securing absolute safety by the shareholder commanditaire, consists in abstaining from doing any act whatever, in which there is but the semblance of inter-person to devise, bequeath, or dispose of, by his will, exeference in the management. may offer, and he has not been furnished with any opposing these positions the writer has no further authority to authority which he might discuss. In support of the latter, he might, perhaps, have obviated opposition by referring to the 3rd section of the Act for the Amendment of the Laws with respect to Wills, (stat. 7 Will. 4 & 1 Vict. c. 26), which was passed when the Act to for above three years, and which seems to contain a paramend the Law of Inheritance had been in operation liamentary exposition of the latter statute. The Wills Act enacts, (sect. 3), "that it shall be lawful for every the ancestor as such. if cuted in manner hereinafter required, all real estate and It be observed, with regard to an English share-at law or in equity, at the time of his death, and which, all personal estate which he shall be entitled to, either holder commanditaire, in a French société en comman- if not so devised, bequeathed, or disposed of, would 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 of the words in italics would have been erroneous, according to the French law, or, at least, according to lands descended do not always devolve on the heir of French principles of decision. It seems clear that any theory, the words should have been, "if he became According to the opposing purely legal question would be decided according to the entitled by descent, and did not gain an actual scisin, 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, did law of France. But the question, management or no lands descend to the heir of the ancestor as such; management, would be a question of fact, and that, we apprehend, would be matter for the determination of the jury, if the case were such as to bring it into a court of law, or of the judge, if it came into equity. In effect, therefore, the decision would be half English and * [We understand, that, in a case which occurred under the old law, of a descent of a reversion to two daughters, one of late Mr. Duval and another learned conveyancer now living whom died without having acquired seisin, leaving issue, the gave opinions to the effect that the surviving daughter was entitled by descent to three-fourths of the entire estate.-ED.] |