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    February 9, 1856.] THE L,BAD;E'B. I3S

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    — /flSttj>tr (RwXXXXtW Wjn ll WlUlUUl*

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    \_ XN THIS DBPARTMEKT, AS JLXX OPINION-,...

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    There is no learned man biifc ¦will conf...

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    Diplomatic Mission to the River Pijate. ...

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  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

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    Thjb Law Of Partnership. By Arthur Scrat...

    our inconvenient error , which is now , however , happily passing away . Subsequently it was designated' a ¦ ystein ; aud so a particular Company was said to be " conducted on the Cost Bool system . " But within the last year or so our subject has received the appellation of the Cost Book , principle , which last word , although not , perhaps , more etymologically correct tba . n the word " system , " ye-fc has the advantage of being the word adopted by the statute 7 and 8 Viet ., c . 110 , a . 63 , and 12 and 13 Viet ., c . 108 , 8 . 1 , and , accordingly , also by the judges both at law and equity , and particularly by Wood in the late case of Amndell v . ¦ A . twell , E . T . 1853 .

    Many attempts have , at various tunes , been made to define the Coat Book principle Act , mostly without success . Tlie causes of failure , beside those consequent on the difficulty , —nay , impossibility of defining that which is but imperfectly understood , being traceable to an ignorance of the admitted characteristics of the principle , or the introduction into the definition of mere quantities , properties or accidents . The beat consideration of . the writer aa to the logical definition of the Cost Book principle is , " That the Cost BooTc principle i * a partnership , tJie conditions of which core contained in a Cost Book . "

    The abov-e definition , though a strictly logical one , does not however convey a section of its subject sufficiently specific for practical purposes . It is necessary , therefore , to give a description of it which is , " That the Cost Book principle is a Voluntary commercial usage in the nature of an ordinary common-law partnership applicable to the working of mines by an association of adventurers . " Its five essential characteristics being : — 1 st . That the management of the mine is under the immediate control and direction of the whole body of adventurers or their specially appointed deputy .

    2 ndly . That the powers and obligations off ea-ch adventurer are exactly commensurate with the quantum of his interest in the association which is voted by majority , or , in the words of Pryce , that tlie determinations of the adventurers which are settled not by voices , but shares ,, are conclusive for tlie whole body . 3 rdly . That all the transactions of the association be for cast , except where a necessity , arising from circumstances or usage , otherwise requires . 4 thly . That the accounts of the association be paid , calls made , and dividends declared at short intervals , usually bi-monthly .

    5 thly , and lastly . That a perfect register of the adventurers be { kept in a way that the fact who are adventurers may not only be known by that register , but may be proved "by the handwriting of the adventurer , or by document , in the possession of the association ( T . Tapping ) . * III . Loan Societies may be formed under the act 3 and i Viet ., c . 110 , for making loans to the industrial classes which are repaid by instalments . It is requisite that the rules should be certified and enrolled by the . barrister appointed to certify the rules of savings banks . The property of the society to be vested in trustees , and debentures may he issued for the sums

    deposited , without liability to stamp duty ; and the trustees are not personally liable for signing the debentures unless specially undertaken . Sums deposited with loan societies not exceeding £ 50 , are payable , by the Bociety within twelve calendar months without probate to the representatives of any deceased debenture holder , and the treasurer is required to give seourity . The Society not to lend to any person , at the same time , more than A \ 5 , and no second loan to be made until the first is paid . off . No note or security is liable to stamp , but the securities are not transferable by endorsement or otherwise . Loans are recoverable by the olerk or treasurer of the eooiety in the county court . A fee of le . Od . may bo received , on the society proceeding to make inquiries as to the character of an applicant for loan , and as to his sureties . Discount , at tho rate of

    12 per cent , per annum , may bo deducted on . all advances , aud the principal sum must be paid comformably to the rules . ClorlcB and others overcharging are liable to penalties of usury . InBtalnxents ^ must not be paid in advanoe , nor can loans be balloted for . IV . Industrial Provident Partikftih ip Societies may be establiahod under tho not 15 and 16 Viofc ., o . 81 ( as amondod by 17 Viet ' ., o . 25 ) , tho preamble of which roaitea tho objects which may he carried out undor tho Frioudly Sooioties Act , 13 and 14 Viot ., o . 115 , and by tho 7 th section , it in provided thai the laws rolating to Friendly Societies may bo applicable to societies oatablished under tho act , except as varied thereby op oertified to bo inapplicable ; but that the 7 and 8 Viot ., ohap . 110 ( the Jointdtook Registration Aot ) , shall not extend to flooi-efciea constituted undor this aot .

    The fallowing aootionu of tho aot point oufc tho chief ouat'notoriBtiow of those sooiotioH , tho objects to bo effected , and tho principal privileges nnd liabilitioH of tho lmombors : sections I , JI , III , IV , IX , and XI # Trontlsp on iho Cost Itoolc , Its principled , nnd prnctlco : by Thomna Twpplnt * , Ksn ., linrrlator-nl-Uw ( l ^ MI ) . publlshotUn the Mlnhia Journal , No . !><><) .

    " ^^^^^^^^^ Q ^^^^ g ^ m ^ g ^^^^ g ^^ l ^ ggHBMiMBHBBBBBM ^ BBWl ^ VMV of the act 15 and 16 Viet ., cap . 31 ; recounted in Tidd Pratt ' s book , pp . 106 to 110 , and pages 111 and 113 . ( To be continued . )

    February 9, 1856.] The L,Bad;E'B. I3s

    February 9 , 1856 . ] THE L , BAD ; E'B . I 3 S

    — /Flsttj&Gt;Tr (Rwxxxxtw Wjn Ll Wluluul*

    dttyett CmttmL

    \_ Xn This Dbpartmekt, As Jlxx Opinion-,...

    \_ THIS DBPARTMEKT , AS JLXX OPINION-, HOWEVEE EXTBESIE , ARE JXIiOWED AN EXPRESSION , THE EDITOB N " ECESSAIfclr . V HOIDS HIMSELF BESPOHSIBIiE FCHt NO 5 TE . ]

    There Is No Learned Man Biifc ¦Will Conf...

    There is no learned man biifc ¦ will confess he tiatli much profited by reading controversies , his senses awrakenel , and his judgment sharpened . If , then , it be profitable for him to read , -why shoiild it not , at least , be tolerable for Ms adversary to write ! -Milton T H E L AW S OF PROPERT Y AS TH E Y R E LA TE TO WOMEN-. ( To the Editor of the Leader . ) SIR , —It were not a difficult thing to compile from the daily papers a series of instances in which women have been defrauded of their earnings , and subjected to various forms of maltreatment ; neither , did the ' question relate to any elass of men whatever , from the younger sons of the nobility to the negro slaves in the United States , would there be impediments to obtaining a fair hearing from the more educated part of the English nation . In the last seventy years a certain sense of democratic right has pervaded society ; many great battles have been won , and

    remnant by remnant , feudalism is doomed . The arguments which have sufficed to overthrow one fallacy can be brought up again , slightly modified , according to circumstances , as artillery in a new siege . Catholics are emancipated , pressgangs abolished , representation extended , and all under the graduallygrowing belief in the equality of men before God and Nature . This idea , which ia to modern times as the very air we breathe , circulates everywhere ; it embraces all our literature , from the newspaper article to the shilling novel ; the most bigoted Conservative dare not gainsay it in plain words ; the Puseyite enforces his own religious reading of the same truth ingathering the flock together under " one baptism ; ' science seems the Slave of the Lamp to the people , creating Crystal Palaces , Parliamentary trains , photographs , cheap literature , daily papers , costing but a

    penny ; multiplying the resources of the million at every turn . ; placing the costly luxuries of other days within the reach of all but tha very poorest . If we wish to build a place of delight and instruction for the masses , behold ! the materials lie on every side ready to our hand ; if -we wish to write against some oppression , we have but to iall back upon Cobbett and Brougham , to ransack some dead weight of political economy , to illustrate our argument with copious extracts from Eoman history , or the story of the golden days of Pericles j and then , inch by inch , the siege is surely gained : aye , surely as against a given wall a given cannonade will avail It is a " rule of three" sum : as the greatness of the abuse is to the best interests of mankind , ao , in proportion to the effectiveness of the statement . will be the length of tune required for its abolition . And the broad sense of mankind in general is the slate on which this problem is to be worked .

    But whenever the interests of women are concerned we Lave to face a new and most formidable element mysticism . The truth is that women are not regarded aa human creatures ; exactly . Some thiuk them inferior ; some of an order of beings above the average of humanity proper ; a third species of man is in his heart afraid of them , as somewhat " uncanny . '' Such a writer as Thackeray by no means lessens this confusion of ideas , for his favourite heroines are of the angelic kind , fitted , as he says , to bless and ennoble " us poor men ; " while his Becky Sharp is a cross between a oat and a devil . The Goths thought women inspired , nnd treated them as priestesses ; the Mahometans make them the slaves of physical pleasure ; modern thought hovers between these two extremes , or rather , haB compounded a theory of its own , with two faces , reversiblo at pleasure , and behind either of which the legislator can moke a valiant defence against innovation . Sometimes he says that women are of a lower and weaker nature , and must bo taken caro of ; that pecuniary power is not to be trusted in their hands ; that they fall naturally under tho protection of men . and must

    of necessity abido by the degree of civilisation } tho male box may happen to possess . Sometimes ho Bays that their sphere is essentially apart from tho rough work ^ a-day life—in tho home of tho affections , in tho caro of the young , in the bringing to boar of a strong moral influence . Mr . Thackeray makes this to partly oonsist in the perusal of tho Bible all night , amidnt tears and mutual ombraces of oaoh otJhor . To miuko this view of tho female nature thoroughly consistent , women ought to bo able to live upon tho moral directions , to tho oxolusion of tho moat and drink -whioh doth not aafcittfy tho eoul .

    Nothing ia ho diiliuult to grasp and analyse « s any form of myflbioiflm ; it io oaaior to catoh ami tamo a tiger than u ghoHt . Tiuko iuou and gnna onough and

    you have your wild beast , sooner or later -, but your Bpirit , white , _ black , or grey , dressed in a windingsheet , radiant like a will-o ' -the-wisp , leads you daaahv " hither and thither , laughs at your lustiest blows , and , when you think you have him , whisks through , the key-hole ! Nobody knows this better than the Leader —that sturdy soldier of Positivism , whioh keeps up a current warfare against every floating mysticism it deems pernicious . We well know , and humbly admit , that the range of mystery in oar human life is ¦ large—that it must be allowed for on every side ; but this much also must be insisted upon , namely , that in open warfar-e iti limits must he clearly defined , and that , when any subject i 3 brought up as matter for newspaper diBcussion and legislation , it is incumbent on writers and speakers to clear away , beforehand , this poetical element , and to prove that their topic is one "which really does belong to this World ' s open daylight—that it comes under the power of logic , and is able to give and take a fair-handed blow . We take what might , be termed the "Unitarian view of the female sex—deeming it " Not too Ittight or good For human nature ' s daily food ;" believing that whatever differences of proportion may exist between the two sexesj there is none of essence- ^ - that the famous distinction between the intuitive and the reasoning powers is as well exemplified in the difference between the poet and the mathematician as in that between the man and the woman ; that since women have bodies to be clothed , and mouths to be fed— -and since they , moreover , possess the capacity of learning several languages , and are not utterly impervious to the weightier matters of history and philosophy—^ since they feel hunger and cold , pain and pleasure—since they are numerically more than half the population of this country , and since we do literally and figuratively meet them at every turn- ^ -since , finally , we cannot , if we would , get rid of them > either by emigration , or the " pressure of the means of subsistence , " it would be quite as well to accept the hopeless fact of then * existence , and to arrange that when they have earned money by the labour of their own hands , or the sweat of the brow , they shall be treated like any other class of her Majesty ' s subjects , and be allowed the simple right of—keeping it . I am , Sir , Yours obediently , B .

    Diplomatic Mission To The River Pijate. ...

    Diplomatic Mission to the River Pijate . —We understand that it is resolved by France and England to despatch two special commissioners immediately to the River Plate , with a view to concert measures with Brazil for the prevention in . future of occurrences such as have recently again rendered some of the finest portions of the east coast of South America a prey to revolutionary licence . —Liverpool Albion . Mb . W . Hoi / man Htjnt . —We are glad to hear of the safe retuz'n to England , from his Eastern wanderings , of Mr . W . Holman Hunt , better known to the world of art as one of the leaders of the young pre-Raphaelite school , and the painter of " the Light of the W " orldV '

    Mr . iiuiiuta .. _ r- » nt . has , we hear , encountered a variety of strange adventureo-wiid perils in tho course of his desultory wanderings in Egypt , . Syria ,, and the Holy Land , and has enriched his portfolio with sketches of Oriental life often taken at the risk of the artist ' s life . All these pictures and sketches are now on their voyage to England ; and among others a sacred subject , painted at Jerusalem , for thia year ' s exhibition , of . Royal Academy , and a sketch from Cairo . Mr . Hunt has more recently visited Constantinople and the field of war in the Crimea . It is impossible not to predict great advantage to the genius of this rising and powerful young artist , from all that he has seen and suffered by land and sea .

    A subscriber suggests that Dr . Saudwitlx , the author of the History of the Siege of Kors , ahould bo among the first to be decorated with the Cross of the new Order of Valour . A Handsome Recognition . —Mr . E . T . Smith , lossee of Drury-lano Theatre , has presented Mr . E . T . Blauchnrd , the author of six successful pantomimes , with a meerschaum pipe . Au $ TBAriiA . — -An agitation is being got up in Australia against tho reserve of £ 50 , 000 for ministers of religion . The Dissenters there as well as at homo object at being obliged to support rival socts .

    Destruction by Fihe op thjeJStuaji Saw-jiti ^ s at Pkokuam . ' —For several hours yosturday morning , a destructive fire ragocl in North-atreot , Comraoroialroiul , Pookham , on tho promises of M . v . A . ^ Woodball , stoam-mills . By the time the engines from Watorlooroad , Southwark-road , Watling-atroet , and West of England arrived , tho building with tho machinery was pearly destroyed , and tho progress of tho flro was ixoooloratcd by a high wind . At aboiit half-past five o ' clock , tho flames wore Bubdued ; but tho engines continued to work on different parts for somo tome to prevent thorn agaiii bursting forth . Tho cnueo iH Muppouod to bo o" « orhoating of the furnace- Tho l ironuKOB -wore not insured .

• Citation
  • Leader (1850-1860), Feb. 9, 1856, page 15, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_09021856/page/15/