Items related to Principles and Maxims of Jurisprudence
Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 edition. Excerpt: ...viz., 1. ' Damni dati res arciendi. 2. Fructuum communicandorum. 3. Impensarum refundendarum. 1. Compensation for injury to the common property. 2. Share in the produce and benefits accruing from it. 3. Contribution to the expenses of putting in it repair. The vocabulary of vituperation might exhaust itself, without adequately describing the unmeasurable follies and frightful evils of the English law of partnershipk (to which a very feeble remedy has at length, after the most virulent opposition, been applied); and the means by which an endeavour has been made, by ' privilegia,' to shelter a very inconsiderable, and by no means the most meritorious part of the community from its pernicious consequences. Deep and ineffaceable is the stain which these transactions have branded on the English name. As in the case of divorce, instead of laying down a general rule co-extensive with the subject, to which all classes might apply, special privileges have been granted to some favoured persons to do what is inexorably refused to others: and if with this be coupled the proceedings in Chancery under the old system, which at last from the multiplication of parties made all legal succour impossible, and enabled any one dishonest or litigious partner to ruin every one of his associates; in avast number of cases, the reader may judge of the practical wisdom of our legislation.1 The truth is, the law was exactly what a sherifFs officer would have wished it to be, and if substantial justice was ever blundered upon, it was in spite of its provisions, and the scholastic mind of its interpreters.'" k ' Unius vero rei societas ad hanc tantummodo pertinet.' WarnK(enig, vol. ii. p. 291, § 642. 1 Report of Committee on the Law of Partnership. m In the case...
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