The French law of partnership is superior to the English in permitting oommandite; and superior, in having no such unmanageable instrument as the Court of Chancery, all cases arising from commercial transactions being adjudicated in a comparatively cheap and expeditious manner by a tribunal of merchants. In other respects the French system was, and I believe, still is, far worse than the English. A joint-stock company with limited responsibility cannot be formed without the express authorization of the department of government called the Conseil d'Etat, a body of administrators, generally entire strangers to industrial transactions, who have no interest in promoting enterprises, and are apt to think that the purpose of their institution is to restrain them; whose consent cannot in any case be obtained without an amount of time and labour which is a very serious hindrance to the commencement of an enterprise, while the extreme uncertainty of obtaining that consent at all is a great discouragement to capitalists who would be willing to subscribe. In regard to joint-stock companies without limitation of responsibility, which in England exist in such numbers and are formed with such facility, these associations cannot, in France, exist at all; for, in cases of unlimited partnership, the French law does not permit the division of the capital into transferable shares. The best existing laws of partnership appear to be those of the New England States. According to Mr. Carey,[1] "nowhere is association so little trammelled by regulations as in New England; the consequence of which is, that it is carried to a greater extent there, and particularly in Massachusetts and Rhode Island, than in any other part of the world. In these states, the soil is covered with compagnies anonymes—chartered companies—for almost every conceiv-
- ↑ In a note appended to his translation of M. Coquelin's paper.
are still some defects in the provisions of this Act, which hamper the proceedings of the Societies in several respects; as is pointed out in the Almanack of the Rochdale Equitable Pioneers for 1861.
