gation of the principles on which the Amendment of the Law should be conducted.

Resolutions were passed by the Council respecting it on the 20th of May, 1846, and the Report founded on them was unanimously adopted by the Society on the 17th of June, 1846.

The resolutions were as follows: "That the Council are of opinion that it is expedient that greater publicity be given to the Society's Reports and Proceedings.

"That the publishers of the Law Review having intimated to the Council their willingness to publish the Reports of the Society, the Council are of opinion that the offer should be accepted, and the Council propose, with the consent of the Society, to publish such of its Reports and Proceedings as shall appear to be desirable in the Law Review, and to present that work to the members, commencing with the current number." And the Report of the Council was

"Your Council have the satisfaction of stating, that the income of the Society exceeds its present expenditure. We are desirous that, in conformity with the approved practice of almost all other societies, we should endeavour to obtain as extensive a diffusion as possible of the Reports and proceedings of the Society. Having considered whether we should establish a separate publication for this purpose, or avail ourselves of any existing publication, we have come to the conclusion, that it would be both cheaper and more advantageous in the first instance to avail ourselves of an existing publication, if a suitable one could be found willing to forward the views of the Society. We have now much pleasure in announcing, that we have been able to make an arrangement with the publishers of the Law Review (which has from its commencement promoted objects similar to those of the Society), by means of which the Reports and proceedings of the Society will be regularly published, and a more permanent record of the proceedings of the Society be maintained. According to this arrangement, the members of the Society will henceforth be presented with the Law Review, commencing with the current volume of that work. Our present resources have enabled us to do this. But the larger the funds are which are placed at our disposal, the

more shall we be enabled, by the diffusion of sound information, to promote the objects of the Society."

The Law Review, then, was placed upon this footing,that while it admits the most free discussion on all matters, the Society is no way bound by any of its articles, until the subject has been referred to a Committee, and has taken the form of a Report or Paper submitted by a Committee to the Society, and was then only bound so far as the rules and practice of the Society provided.

But we need not inform our readers that many schemes of reform when first proposed startle and almost revolt public and more especially professional opinion, but when considered, and sifted, and examined, gradually gain ground, and at last are carried and pass into law. The doors, therefore, for discussion cannot be thrown open too widely; but if the Society and all its members, collectively and individually, are to be bound by every plan of reform, the first time a paper in its support appears, discussion would be effectually quashed. This is so obvious as hardly to need illustration; but one or two Law Reforms may be cited, the history of which may be traced in this Review, which we think will completely establish the conclusion to which we wish to arrive.

Take, for example, the Judge-Master question, which involved the abolition of the Master's office. When this principle was first brought forward in these pages it met but little support. Although its justice could not be denied, yet it was opposed even by many earnest reformers as impracticable. We lost no opportunity, however, of presenting it to our readers in all the forms in our power, in articles, in papers, in reports, and in resolutions; and at length we had the satisfaction of finding it gradually make way, and at length of seeing it completely adopted by the Legislature. with all its consequences; and under it the four senior Masters in Chancery have now been dispensed with, they having been permitted to retire with their full salaries, and this practice of the Judge acting as Master and working out his

own decree, assisted by a competent staff of clerks, is now attended with great benefit to the suitor.

Again, the fusion of Law and Equity, which is now making such rapid progress, how was it first received? The first mention that occurs of it in these pages is probably in the notice of Mr. Trower's able pamphlet on the subject, and it was when proposed by him treated as a new fancy. But facts came to the aid of theories. The great apostle of the doctrine came to this country. That which appeared impossible was proved to be in successful operation in America. The judges of that country, when appealed to, testified in its favour. Bit by bit it has been adopted here with great benefit and general applause; and now, when Chief Justices and Lord Chancellors admit that the principle on which it is founded is sound, who can deny that its complete adoption in this country is only a work of time?

Take, further, the establishment of the Encumbered Estates Court, which was brought forward again and again in these pages, until the true principles respecting it were admitted. This measure has regenerated Ireland, and proved that the free transfer of land is a social blessing which cannot be over valued. Still, it must be remembered that many eminent persons doubted the policy of this measure in the first instance, and that by discussion, and discussion alone, this truth has prevailed.

We shall content ourselves with one instance more. The Insurance of Titles, when first proposed at the Law Amendment Society, and brought forward in the Law Review, was laughed at as utterly ridiculous; but at length we have found it recommended by a Committee of the House of Commons. It is now receiving daily adhesions, and we believe that its complete adoption is the turning-point on which we shall get rid of our past titles, and be enabled to start with a new root of title.

So much for the past. But are there no questions now pending which stand in the same position as those to which we have alluded did when they were first brought forward?

Take, for instance, codification. Who can say that, in the present state of this question, the Society, or any of its

members, ought to be made responsible for this principle, and yet all its members would admit that this should be ́ fully discussed, and the truth be thus obtained.

Take, again, the new views as to the Reformatory Discipline of Juvenile Offenders. These are gaining ground so fast that we believe that they will soon become law; but in the meantime it would be most unwise to prevent the fullest consideration by rendering the society responsible for every step which is made in the progress of this great means of dealing with crime.

But we think that we have said enough to show that our Review is placed on the right principle; that its connection with the Society increases its stability and gives it a permanent character which could not otherwise be insured; and that in its pages the most free and ample discussion may take place on all subjects connected with the amendment of the law.

The whole subject has, as most of our readers are aware, very recently undergone full consideration, as well in a Special Committee as in the Society at large.

A reference having been made to a Committee, four of its members made a Report, stating their opinion, that the connection between the Society and the Review should be discontinued. This was, however, not satisfactory to the members of the Society, which, after full consideration, came to a different conclusion, and declined to adopt the recommendation of the Report in this respect. We are glad, however, that the matter has been thus considered and brought before the Society, as the true principle with respect to a periodical devoted to the consideration of that matter is now admitted, and will probably not lightly be disturbed.

ART. IV. - TREATISE ON THE CONTRACT OF PARTNERSHIP. By POTHIER.'

SEVENTH CHAPTER.

The respective Obligations of Partners; and the Action
Pro Socio.

108. THE contract of partnership forms between the partners who are the contracting parties, reciprocal obligations, whence arises the action called, in the Roman law, pro socio, which each partner can bring against the others in order to compel their performance.

The principal objects of these obligations are, 1. That each partner is bound to account to his copartners for whatever he owes to the partnership, after deducting what is due to him by it: 2. That each partner is bound, according to his share in the partnership, to account for what is due to his partners, by the partnership, after deducting what they owe to it. We shall treat, in the two first articles of this Chapter, of these two principal objects: we shall bring together in the third, some other objects of the obligations which partners contract towards each other: then we shall treat, in the

For Chap. I. see 17 L. R. 278; Chap. II. 18 L.R. 157; Chap. III. IV. and V. p. 277; Chap. VI. antè, p. 101.

We have thought it useful that a translation of this valuable work with illustrations from our own law should be laid before our readers, not only as supplying a want in our own law libraries, but in anticipation of the adoption of the law of limited liability in this country, which, we think, must sooner or later take place, although the Report of the Commission now sitting be adverse, which seems to be possible.-En.