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    TH £ ! LAW OF PARTNERSHIP . BY ARTHUR SORATOHLEY , M . A . p aut nr . It may not be out of place to describe more particularly the following associations excepted from the operations of the Registration Act : — I . Benefit Building Societies , established under fhe aot 6 and 7 Willm . 17 ., cap . 32- Theao associations are empowered to apply their funds to the purchase or erection of a dwelling house , or dwelling houses , or other real or leasehold eatat « : the capital being

    raised in shares not exceeding £ 150 each , aud by payments of not mox * e than 20 s . per month . The members also enjoy certain exemptions from stamp duties in the mortgages gimted to tlie societies , and from the oeoesBity of reconveyance -upon a redemption of property purchased through their instrumentality . Freehold Land Societies mxist ako bo mentioned which aro constituted , under the Building Societies Act , wherein the members hiwe allotted to them parcels of Freehold Land sufficient to givo the possessor a vote .

    11 . Mining Associations , worked on th « Cost Book principle , wlxioh have "been time ably dcfmod : — " A great Boui'ce of tho ignorance and uncertainty as tothe true nature of the Cost Book principle han luison from the many diffoionfc namea by which it haa boon from time to timo oalleck Thus Cornish Mining Associations on tho above principle wore , bofore tlie Bto / tuto 7 and 8 Viet ,, cap . 110 ( ivhioh exactly dcfin « d Joint-stock Companies ) , sometimes Been by tho law reporters erroneously called ; Joiut-atock Companies ( Hawkon v , Bourno , S , M . and W . 70 S , ) Aot ; aitov that statute the roportoro gave to them tho name of Scrip Companies . At « later period , however , whilst the adoption of the Cotrts Book priaoiplo wa » supposed to bp legally Goaflned ) to Ooi-nwa . ll > , it waa called tho Ooit Book Custom , ¦ a mo » t erronooua appellation , and one which haa tended uo-t a little to tho nmintonanoo of

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    serfeed must be true . But her confessions are mingled with incoherent remarks that " it was all confusion , ' * with calls for her child , and with touching exclamations about ker husband ' s hardness : — " Oh ! that he should have believed that man £ Halloran ] before me !" " I think he was determined to believe it !" " He said he would have a divorce , and I felt turned to stone . "

    It seems nearly impossible that a court of justice could have pronounced a judgment for the divorce ; yet such was the fact . Many statements of the witnesses were rejected , as being impossible in . their nature , or inconsistent with , other parts of their depositions ; but yet those falsely-stating witnesses were supposed to be , correct . Though how the court discriminated between the credible and

    the incredible parts , we can scarcely understand . Much stress , however , was laid upon the ^ y iSeiice of Mr . M'Clelland , who was described in ihe judgment as haying stated that Mrs . Talbot " had made an acknowledgment of her transgression . " Now , it is very curious that in the pleadings which set forth . theT evidence which the witness was prepared to give in : court , before he did so , were these words ; - ^ " Mrs ! Talbot then admitted and c < mfessei ( to ; the clergyman ) , that she had be < en guilty -of adultery with the said "William ¦ 'iffraJ ^ asiE . ' ' ' But when he was under

    examination . ; an court , Mr . M'Gjleo ^ jsd made a statement totally different : — " She appeared much confused , but on that occasion neither adliaited nor denied her guilty intercourse with the said ^ WtttiAM Muelane . '' The eourtj however ,, appears literally to have taken up the pleiactings in mistake for the evidence , and to hawgiven judginent on the case as stated "b y colinsel for the prosecution , in lieu of testimon y irojn the witnesses . At the date mentioned

    ¦ y : Mr . M'Ci ^ LAiro , the poor lady had not yet ^ ee n . terraSeJl long , enough . to have had tne 1 >(^^ ; ot liet own guilt hardened : into her lipdn ^ as it ! has sin < ie 1 peen . The Ecclesiastical Quirts ,, howevejrj . '¦' . have pronounced their ji ad ^ m . « ent ; , the accusation is thus technically con ^ mipd , and the wedded pair are divorced . Xms divorce is not sufficient to free the

    husband so that he can marry again , with the chance of a male succession to his property . To that , end he would have to go before the House , of Lords . But , although the divorce Was definitively pronounced in 1852 , Mr . Tacbot * lias taken no further proceedings . W ^' nlive . hot even yet stated all the details of this case ; they will be found in the pamphlets fey'Mr . Paget and his brother Mr . John

    FageT ; " We have only stated enough to sliow the general character ot the story as it is tliere related . It looks like a transparent fiction ; y < 5 fc , $ is not simply invented upon paper , but is / dime in fact , and worked out upon flesh and blood . It looks like an . experiment in the njode' of obtaining divorce , under which an innocent lady is driven "wild with terror , and lkflb in a state of settled insanity , If a writer'df mbSon were to represent such a state of tilings in the United Kingdom at this day , his readers would laugh at the extravagancy 5 yet here it is asserted on strong testimony of real HjRj .

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    artificially-created perils . If a speculator in insurance menaces the life of those immediately around him , many more lives are gradually undermined by ordinary adulterations of trade , and he who trusts to wares undisguised "by poisonoiis drugs to heighten their tints , is the exception rather than the rule—a bold tradesman . But the adulteration goes to the very administration of the shop . In one of the largest highways of London , new

    manners and customs have come ui force with the progress of the age . It is the practice to exhibit wares in the window , say beautiful collars or tasteful handkerchiefs , at fabulousl y low prices ; but woe be to the passenger who seeks to purchase the tempting article . If it is a woman , and she is specially invited by the very figures embroidered on the handkerchief to enter the shop , she becomes the victim either of a delusion which sends her away with some common ware in lieu of that exhibited in the

    reason for " giving the prisoner the benefit of a doubt . " One might have expected that any man seeing a girl thus charged , and thus placed , would have conjured up to himself the supposition of her innocence , would have asked himself what she must endure blamelessly if the charge were unfounded , and would have preferred rather to let thousands

    of false half-crowns enter the till unchallenged than that such wrong should be done . When an action for false imprisonment was brought the trespassers paid into court £ 10 as snfficient damages ; the court inflicted twice that sum ; the public certainl y has not expressed any opinion that it is too much . But we doubt whether the real penalty will not greatly exceed the money

    fine-Was there no rescue ? How is it that no man interfered for the protection of one whose very appearance might have claimed succour ? It is because , at the present day , those who stand manifestly in possession of property , and who appeal to the policeman , are customarily presumed to be in the right . We are placing justice in the condition of routine ; we do not trust to feeling , unless it be stamped by some authority ; and , while we boast of the order that we have introduced , we suffer a larger amount of wrong to "be committed , and complacentl y surveyed , than would have been tolerated in rougher days-.

    It is not always that cases are so clear as this has been . Supposing the money had been bad , the real acts of the young lady would not have been different ; yet how different her position ! How ready complacent society to look on and doubt whether there was not " something in it !" Those who suspect cannot complain if suspicion be retorted . We live in days that beget doubt . People who ride in omnibuses

    complain that they are frequently exposed to accusations by the conductor , of endeavouring to pass false coin , foreign money , or other unctirrent tokens ; and amongst this multitudinous class of accused has been engendered a suspicion that the Iceen conductor , who has inadvertently taken some uncurrent coin , seizes the opportunity for palming it off upon a passenger , under pretence of returning what he has just received .

    window , or if she be stro-ng-minded , and insists upon the bargain offered by the eloquence of the ticket , she is bullied for her pains , and is glad to escape . But it may be that the lady seeks to make her purchase in a shop of larger pretensions , and that she has no foregone intent of driving ahard bargain . Yet even in the midst of a well-conducted establishment , surrounded by all that clothes the most refined civilisation , and b y those that wear the costume of that civilisation , she is still liable to indignity , terror , and disgrace .

    The story has been told within the last'few days . It came out before a court of law . Miss Eliza Greaves is the daughter of an English officer , whose present employment as an Assis tant Poor Law Commissioner , shows that he must be a . man of more than ordinary capacity and repute . She is herself employed under a milliner , as one of her sisters is—facts whioh show that the family have a true sense of dignity in striving to secure am independence by honest industry . The young lady ' s manners

    show her birth and training , for they are those of a lady . Here , then , is a young lady , whose perfectly inoffensive manners , whose helplessness , and we may add , whose countenance , might claim a protecting solicitude . She enters a shop for the most legal of all purposes ;—to buy some of the goods sold there ; sh « e pays for what she buys in the proper coin of the country ; but presently the cashier brings a policeman and arrests her in the middle of the shop , on a charge of uttering base coin . Let us for a

    moment recal the position of the young lady , alone , subjected to an ignominious charge , and threatened with being carried off to prison by the hand that drags to the same place the profligate and the felon . She pleads that she was unaware of the badness of the money , — a fact which she did not deny , although she might have done so , —and begs to be spared a public arrest . Instead , however , of receiving indulgence , she is seized , detained at the door

    of the shop for some time , and . then led through the streets by the policeman to the etationrhouse . Late at night the young lady was released on bail , and fcefore that time , the goodness of the coin appears to have been completely established . It had been accidentally touchecl with quicksilver , which disguised it , and this constituted the excuse put forward in on . apology published by the proprietors of the shop .

    MISS GREAVES'S CASE ' . WrraoOT a jest , it is melancholy to see the getjk -which our civilisation creates , as fast as i * ^ tojoves others . If a man is no longer li « able toibe ^ opned On Hounslow-heath , ho may be ^ EJ , * , F * the Bayswator-road , within range w ggj . wietfopolitau police , and the most imgriiVe&Wfo ^ the suppression of crime t or he Mdaj-Jehu ^ tle'ain the-most beaten tiiorough--fiV t . ^ N ' robtaed 0 * ' valuables , mthiflbinl of tW constable . Tet these axe not the-worst , anymore than they are the only

    We cannot see the force of the excuse . It ia pleaded in extenuation that bad money had been so firequenfcly received as to render an example necessary . But what grounds ware there for selecting that blameless young lady as an example ? She had done no wrong . Even if the mpney had "been bod , there waa no- evidence whatever to prove a guilty know ~ lodge ;^ but there was on the other h tvnd every

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    ' M .. THE LEADER : [ No . 307 , Sat ^ dav

• Citation
  • Leader (1850-1860), Feb. 9, 1856, page 134, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2127/page/14/