account that he and such third party will have to render one to the other, in the same way as such third party will be bound to account for the loss which he has caused by his fault to the property of the partnership (because that partner is liable for it with respect to his partners), so that partner will be bound to account to such third party, not only for the loss caused by his own fault, but also for that caused by his partners, to the property of the partnership, as to the share that such third party suffers from it; because the action which that partner has, on account of the loss, against his partners who have caused it, is an action dependent on the right which he has to his share in the partnership, as to which he has taken that third party into partnership, and which falls consequently into the particular partnership which he has contracted with that third party. This is what Gaius points out in the law 22. ff. Pro Soc.: Ex contrario factum quoque sociorum debet si præstare, sicuti suum; quia ipse adversus eos habet actionem. (Dig. lib. xvii. tit. 2. 1. 22.)

95. What we have so far said that one partner cannot take a third party into the partnership without the consent of the others, holds good even where that partner should have the management of the property of the partnership; because it is a thing which appears to me to pass the bounds of a simple management of the partnership property to give to his partners an associate whom they have not themselves chosen. If the survivor of two joined together by marriage has that power with regard to the partnership which has been contracted by default of an inventory, (as we shall see in my "Treatise on Marriage,") it is because the management is not a simple management, but a management cum liberâ and without bounds.

ART. IV. THE HISTORY OF THE LAW AMENDMENT SOCIETY FROM ITS INSTITUTION, IN 1844, TILL THE PRESENT TIME.

SECT. II. Of the Rise of the Law Amendment Society.

THERE is a great charm in fellowship. The unity of men bent towards the accomplishment of an honourable project is a theme for admiration and instruction. It almost gives us the idea of the idem velle atque idem nolle of the ancient historian. But it is curious and sometimes difficult to trace out the origin of useful institutions. There would be a kind of literary pleasure in discovering the infant growth of our Societies. One feature, however, seems common to many of them. The early association of the first promoters has been prompted by the love of knowledge. The extension of science or of information has been a leading motive. The initiatory assemblies were mutual instructive meetings. Thus arose the Royal Society. The Society of Antiquaries became reciprocally united through the desire of studying and preserving the ancient monuments of their country. The object of a body of a different character was announced to be the Diffusion of Useful Knowledge. The Diffusion of Information upon Capital Punishments was the undertaking proposed by another class of philosophers, whose beginning was a small meeting in a private dwelling.

The Law Amendment Society owes its creation to circumstances not very dissimilar. An improvement in a branch of our jurisprudence became necessary. The labour was difficult and intricate. It was neither improbable nor irrational that more than one hand would be found devoted to the undertaking. The harmony of sentiment which prevailed induced these Law Reformers to discuss other subjects, and invite other kindred spirits into their vineyard. Hence there sprang into existence an association whose value may be estimated by the number and respectability of its mem

1 See Sect. I. antè, p. 59.

bers. If it were even now dissolved, it would leave an imperishable monument of usefulness and industry,

"Quod non imber edax, non aquilo impotens

Possit diruere."

The 1st of January, 1844, is the date when the seed was scattered which was to produce so abundant a harvest.

A dinner, that ancient bond of English union, crowned the establishment of the new Society.

It is pleasant to record the agreeable consequences which often flow from the convivial board, where lawyers learn otia rectè ponere.

There is no law against a well-spread table and good humour to enjoy it. That venerable person, old Judge Heath, was heard to say, "We know very well, privately, that a rump and dozen is what the witnesses stated, viz., a good dinner and wine, in which I can discover no illegality." The clergyman has his club for social intercourse. In that harmless feast, the demise of the incumbent and the hopes of the benefice naturally peep out. The annals of the parish, the schools, and the dissenter, serve to fill up the calm and pleasant evening. The Army and Navy Clubs fight their battles over again. The stranger to strategy and warfare cannot participate in their joys. The lawyer as soon reveals the bent of his calling by most pointing and smart rejoinders. It is no wonder then that the jurist should express in like manner his predilections, nor that the party, so happily united, should have carried on full converse upon the subject of an improvement in the LAW.

It was easy to foresee that the discussion would not terminate on that evening; upon each renewal of a conference between the early disciples of reform, the blemishes of the learned profession became more prominent, its grievances more irksome; the instances of legal oppression seemed more frequent, the need for a remedy more urgent. That which of itself is a clear and bright conception is apt to carry conviction to the minds of such as partake of it, and, therefore, it may be announced without exciting surprise that the pro

those to whom it was submitted, and that it was speedily ratified by action. Almost all who were made cognisant of the scheme enrolled themselves as partners of the new alliance; mutual promises of unanimity and support were entered into; and it was arranged that no efforts should be spared to enlist the profession, if not the public, in behalf of the resolution, and crown the youth of so good a cause by the zeal of proselytism. Such was the morning of an institution which, like many others, useful as well as dangerous, have owed their origin to a small knot of men devoted to a common purpose. They were not long in finding fellows. The public mind had been in some measure prepared for change by the constant iterations of Bentham, Romilly, and Brougham. Novelty was beginning to display its marvels throughout the land, and it was, consequently, no unfavourable moment to hold up the law as a proper object for a campaign amidst the welcome which awaited adventure in all other vocations.

Hence by the exercise of a diligence which became necessary to prevent the evils of delay, the "Society for the Amendment of the Law," was formed with a triumphant Reformer at its head. The prudence which fostered the early movements of this body protected it from the persecution of the prejudiced veteran. It was coldly viewed by some who thought they discerned the wreck of the constitution in the prospect of its revision. Such bigots would have trembled even at the statutes of jeofail. But the modest aspirations and gradual advances of the new assembly neither alarmed nor allured at the onset. It was the infant of the present, although it might be the giant in the distance. Nevertheless, the Society soon gained sufficient strength to have not only its President and Vice-president, but a Council likewise to tend its interests, promote its management, maintain its discipline, and assist its debates. It was, as we have said, on the 1st day of January, 1844 when the foundation of this remarkable Institute was laid. We cannot do better than give the earliest pronunciamento of the Society in its own words:

66

During the last fourteen years very great changes have been made in all branches of the law. In every recent Session of Par

liament some important acts of this nature have been passed, and many others have been passed, and many others have been brought in or projected; and there is a very general opinion that considerable further alterations are necessary, and it cannot be doubted that they will be proposed.

"That these reforms should be proceeded with in the most cautious spirit, and that no further change should be made without all possible investigation, will not be disputed. Many of the recent alterations in the law, however beneficial in intention, have, it is conceived, been carried into operation in a defective form. Public attention is not always directed to them, and they frequently rest too much on individual responsibility in their passage through Parliament. On the other hand, it is highly advantageous to the community, that proper reforms should be proposed, and the reasons in support of them be brought before the public; but more especially before the members of both Houses of Parlia

ment.

"It would seem also likely to prove beneficial if some public body were to collect all accessible information on the subject of Law Reform.

"To carry out these objects it is proposed to establish a Society to be called The Society for Promoting the Amendment of the Law.'

"The principal objects of this Society would be:

"1. To assist all useful reforms in the Law.

"2. To collect information on all subjects connected with Law Reform.

"3. To undertake a communication with the proper authorities in other countries on these subjects.

"The Society to consist (without reference to any political party), of gentlemen belonging more especially to the following classes :

"1. Lawyers in actual practice.

"2. Lawyers who have accepted judicial situations, or who have retired from practice.

"3. Gentlemen who have given attention to the subject of jurisprudence, and who are disposed to promote the objects of the Society.

"The mode in which the objects of the Society are to be carried out to be left to a Committee.

"It is submitted that this Society might materially assist the cause of Law Reform, and that this subject is as capable of