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Marriage has been so fruitful of unhappiness that it has been called the grave of love. Applications for divorce are everywhere crowding the courts and impeding other business, and yet, it is believed, not one in fifty who desires a divorce applies for it. This, however, ceases to be surprising when we know that it is possible for an ignorant boor to ruin a woman of delicate organization at the start through sheer stupidity, and turn her love into disgust, if not into hatred; and when we observe how little effort is made after marriage, in the majority of instances, to keep alive the flame of mutual affection. When the parties discover that they are not sexually adapted to each other, nothing in the world that either or both can do or say can prevent discord, disappointment, and a longing for release; but where the union is complete, love grows by what it feeds upon, and a slight husbandry will suffice to keep the garden in perpetual bloom.

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In order to maintain affection during marriage, it is probable, that at the present time, no better advice can be given than that the husband should not cease to be the lover, and that both should strive earnestly, honestly to avoid all occasion of offence. Words," says some one, "utterly fail to express the estimate in which each sex should hold the other, because words cannot measure the happiness it is possible for each to confer on the other. Each should think that of all the creations of earth the other sex is most perfect, and that of all its other specimens this one chosen is the most perfect for me."*

*Books have been written that contain rules to direct husbands and wives in their treatment of each other; but where advice is at all necessary the difficulty is

too radical and deep-seated to be reached by ordinary panaceas. The husband is enjoined in these manuals to regard his wife as his equal, not as a mere housekeeper, not to

interfere in her domestic concerns, to keep her supplied with money for household purposes without her constant solicitation; never to scold her, to consult her in all operations involving risk, to communicate to her the real state of his business affairs, to cuddle, caress and praise her, and never to chide and rebuke her in the presence of others. All this is sensible and commendable, but still the fact stands out clearly as the sun in the heavens, that men who violate all these precepts, even criminal and abusive men, are worshipped by their wives, while others who observe them all and are uniformly kind and considerate are despised and hated. This must reveal to the dullest apprehension that far down below the surface of society there is a secret agency at work which is more powerful than law, morality or religion in regu

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lating the union of the sexes. This is the law of sexual affinity, which, from its far-reaching consequences, is worthy of studious investigation by the profoundest intellects of the age. Not Harvey by revealing the circulation of the blood in the body, nor Newton by making known the law of gravitation, nor Jenner by discovering that vaccination will modify small-pox, has rendered so great benefit to society as he who shall make known an infallible guide by which men and women contemplating wedlock may tell in advance whether they are suited to each other in marriage. Now a man must live half his days before he finds out what he should have known in the beginning. "Suffering humanity needs many things, but nothing half so much as accurate scientific family knowledge."

CHAPTER V.

BUSINESS PARTNERSHIPS.

"The trust reposed in copartners, notwithstanding all precautions, is wholly indefinite and unlimited; and when one thinks of forming a copartnership with another he should ask himself if he is willing to trust him with the power to ruin him, for such and no less is it."-SARGENT.

ASSING from the considerations which should govern in the formation of life partnerships between the sexes, we come to consider commercial partnerships, or where two or more persons combine their labor, skill, money or property in the transaction of business for their common profit; and the first question that presents itself is,

51. Under what circumstances is it prudent for a man to enter into partnership with another?

Partnership undoubtedly increases the risks of business, inasmuch as a partner's property is subject to the contingencies that arise not only from his own unskilfulness or misdoing, but that of others. A partner has the power to sell, mortgage or assign the property of the firm, and to bind all its members by loans, indorsements of negotiable paper, or by any other transactions which fall within the usual business of the firm; and each partner is absolutely responsible to every creditor of the copartnership for the whole amount of the debt, though not created by himself.

A partnership, therefore, is not to be recommended except where the business cannot be managed with a reasonable degree of success without it; nor unless the parties have a thorough knowledge of each other's character, temper, honesty and disposition to do what is right. In business, as in war, it is often true that one bad general is better to manage an army in action than two good ones.

52. What are the qualities that should be considered as essential in the selection of a partner?

A distinguished commercial lawyer advises one who thinks of forming a copartnership with another to consider not only his business capacity as a man of shrewdness, skill and experience, but to look into his social and moral qualities. "Is he a man of good temper, with whom difficulties will not be likely to occur? Is he placable, one who will not lay up the memory of an accidental slight, of a heated expression, or of an unreasonable wrong, which you have done everything in your power to redress? Is he a man keen in the pursuit of his own interest? Will he listen to any candid views adverse to his own? Will he in a difference between you be willing to unite with you in consulting mutual friends as mediators? Are you sure of his principles? Do you know his associates? All these are questions not merely of taste and curiosity, but entering into the very essence of decision as to a partner." your

53. What is necessary to constitute a Partnership?

To constitute a partnership the contract must be founded in good faith and positive consent of the parties, the purpose must be lawful, and there must be a common interest in the profits. These are its ingredients. Hence, if the contract be founded in fraud or imposition, either upon one

of the parties or upon third persons, or if it be framed for illegal or immoral purposes, as for illegal gaming, or illegal insurances or wagers, or to support a house of illfame, it is utterly void. And if the contract be for the sole and exclusive benefit of one party-for instance, if it be agreed that one of the parties shall have all the profits— this would be a nullity, and constitute no partnership as between themselves. But in order to constitute a partnership, it is not essential that the parties shall share the profits and losses in equal proportions. It is even competent for them to stipulate that the profits shall be divided, but if there be no profits, the loss shall be borne by one or more of the partners exclusively, and the other shall be exempted therefrom.

A joint contract to do a piece of work, if the price for it is to be divided immediately among those entitled to it, will not make them partners.

54. Are written articles of agreement necessary in the formation of a Copartnership?

No especial form is necessary, and it may be by oral or by written agreement, with or without a seal. The liability and the authority of the partners begin with the actucl formation of the partnership, and do not wait for the execution of any articles. In general, if there be an agreement to enter into business, or into some particular transaction together, and share the profits and losses, this constitutes a partnership, which is just as extensive as the business. proposed to be done, and not more so. The parties may agree to share the profits in what proportion they choose; but in the absence of any agreement the law presumes equal shares. But while no especial form is necessary, it is always advisable and prudent to have the terms of the

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