common law of Germany prevails, besides an ordinance of the 18th June, 1784, on bills of exchange, and a law of 11th October, 1832, on the register of partnerships. At Tessin, the civil code contains a title on bills of exchange, and for other matters the common law is followed. Zug has a law on bankruptcy, of 18th May, 1818, and the common law. Schwitz, Glaris, Appenzell, Schaffhausen, and other Swiss Cantons, follow, generally, the common law of Germany. Turkey. There exists no special law applicable to matters of Turkish laws. commerce, in Turkey. The collection of the highest authority is that which was compiled by order of Solyman II., from 1520 to 1566, entitled Multeka Ehbar. This collection contains a book on commercial matters, though the laws embraced in it refer rather to principles bearing upon civil contracts, and adapted to Mussulman manners, than to commercial rights, properly so called. A commercial code, on the model of that of France, has been formed, but has not yet been issued. Wallachia and Moldavia, The French Code of Commerce Wallachian and Moldavian has been published in these States, in 1841, with some modifi- codes. cations. CHAPTER II. INTRODUC- VATIONS ON TRADING. Rights of land. SECTION I. OF TRADING AND TRADERS. BRITISH laws have, from a very early period, been framed with a view to the encouragement of trade and the protection of traders. During the reign of Athelstan, any merchant who trader in Eng- made three voyages upon his own account beyond the British Channel, or narrow sea, was entitled to the privileges of a Thane. By Magna Charta, whilst all other subjects could be restrained from departing from the realm, and from living out of the realm, if the king thought fit, merchants, unless publicly prohibited, had safe and sure conduct to depart, come, and carry away, buy and sell, without any manner of evil tolls; and by the common law, also, merchants were allowed to pass the seas without licence. These principles of British jurisprudence, being sanctioned by public opinion, have been strengthened and developed to the widest possible extent; and now merchants enjoy the utmost freedom of trade, and are capable of filling the highest public position (a). Rights of traders in an cient times. The liberality shown by British legislation at all times towards trading is the more remarkable, when we consider that in other countries the recognition of the rights of traders has been but gradual. The Romans despised the arts and commerce, and deemed the plough and the sword the only honourable professions among them. Industrial pursuits were only carried on by slaves, or liberated slaves. Trade was an occupation unworthy of a Roman citizen; and a special law, the Flaminian Law, prohibited patricians to engage in trade. Later on, the prejudice against trading somewhat abated, and many high personages, anxious to realise the profits which trading produced, (a) Wilkins' Anglo Sax. Law, Leg. Judicia Civitatis, Lond. p. 71; 5 Rich. II. c. 2; Magna Charta, c. 30; 3 Molloy, vii. 16. engaged in it, though they entrusted their interest in the hands of other persons. During the Middle Ages commerce was held in much higher reputation in Europe. In the south the Italian traders had a commanding influence. The noble families of Florence, like the princely House of Medici, whose public magnificence and private benevolence in the encouragement of religion, science, and art were nowhere equalled, owed their rank and power entirely to successful trading operations. In the north, the Hanse merchants did much to elevate the status of traders, whilst the Dutch republic was ruled by merchants. France was tardy in appreciating the benefits of commerce till, under Louis XIV., the great Colbert established laws for the encouragement of trade. Thus by degrees the trading profession has everywhere been recognised as one of great utility to the state; and there is scarcely a country at the present time which does not favour trade and welcome the merchant, from whatever quarter he may arrive. Rights of traders in middle ages and more recent periods. BRITISH LAW. trader. A trader is one who makes trading his habitual profession (a). Definition of a Under the general designation of traders are included merchants, bankers, manufacturers, brokers, shipowners, underwriters, warehousemen, and all persons who, either for themselves or as agents for others, seek their living by buying and selling, or by buying and letting for hire, and by the workmanship of goods or commodities. But the distinction between traders and non-traders as to liability to the bankrupt law has been abolished by the recent Act, 24 & 25 Vict. c. 134. In (a) Trader. A man who carries on trade with foreign countries; in popular language, any trader who deals in the purchase and sale of goods. The etymological derivation of the word "trade" is a way, a course trodden and re-trodden, a regular or habitual course or practice, employment, occupation in merchandise or common intercourse for buying and selling, or bartering (Webster's and Richardson's Dictionaries). Hence occasional acts of trade are not sufficient to constitute a person a trader. To attain that cha racter a person must habitually give Scotland traders and non-traders are alike subject to the Bankruptcy law. In Ireland, however, the Bankruptcy Act, 20 & 21 Vict. c. 60, applies to traders only. Definition of an act of trade. What is a commercial transaction. Who is a trader. FOREIGN LAWS. France.-The French code defines an act of trade to be all purchases of produce and merchandise to be re-sold, whether in the natural state or after having manufactured it, or put in use, or used for the purpose of letting it to hire; every undertaking of manufacture, commission, or carriage by land or by water; every enterprise of agency, business, sale by auction; public spectacles; every operation of exchange, banking, and brokerage; every obligation between merchants, traders, and bankers; and as between all persons bills of exchange and remittances of money from place to place (a).. Germany. By the German code commercial transactions are described to be the purchase, or acquisition by any other means, of goods or other moveables, of public stocks, shares, or other circulating instruments, for the purpose of selling them again, either in their original state or manufactured, or otherwise worked up; any undertaking to furnish such articles; all business of insurance, of transport of goods, and carriage of persons by sea and land; all manufacturing contracts, banking, and other monetary transactions, commission and forwarding agency, publishing, printing, and book trading (b). Buenos Ayres.-Every person who makes a profession of buying and selling goods, or who buys goods to get them manufactured for the purpose of selling them again, is a trader. Merchants are also those who engage in speculations abroad or in inland trade. The law deems an act of trade the purchase of anything with a view to sell it again, or for using it in the same state as it is bought; all operations of exchange and banking; all negotiations in bills of exchange, foreign or inland, or of any other circulating instruments; orders for the manufacture, deposit, or conveyance of goods by sea or land; affreightments of ships, and all operations of shipping, and also agreements respecting salaries of clerks and other persons employed in trade (c). (a) Code de Commerce, §§ 632 and 633. (b) German Code, §§ 271 and 272. (c) Buenos Ayres Code, §§ 2-7. mercial opera Netherlands.-Commercial operations include commission What are combusiness; all matters relating to bills of exchange; all business tions. of bankers, brokers, and other agents of trade; and all contracts relating to shipping, including salvage, average, &c. (a). Russia.-Commerce is divided into foreign and inland, wholesale and retail, town and country. Commercial operations include the construction, purchase, refitting, freighting of ships; purchase, sale, carriage, and warehousing of goods; banking, custom-house agencies; all enterprises arising out of contracts for supplying the crown; and all undertakings in connection with shops, buildings, hotels, and baths (b). Branches of trading. SECTION II. OF THE RIGHT TO TRADE. BRITISH LAW. unlawful. Every man may become a trader unless subject to peculiar Right to trade. or personal disqualifications (c). Trading is a civil right of which no one can be deprived. It is illegal for the Crown to grant Monopolies exclusive rights of selling and dealing, except by letters patent as regards new and original inventions (d); and contracts which create or tend to create or secure monopolies are also void (e). This right of every individual to trade is subject to limitations only where the trade is of an obnoxious nature, or where the exclusive right thereon has been secured to other persons by patent or copyright. Exceptions to the rights of trading. For the exercise of some industries an excise licence or a Excise stamped licence is requisite. Such industries are auctioneers, licences. brewers, coffee and tea dealers, paper makers, spirit distillers, rectifiers, and dealers and retailers, tobacco manufacturers and dealers, wine dealers and retailers, attorneys, bankers, convey ancers, pawnbrokers, plate dealers, &c. (ƒ). Clergymen holding any spiritual employment cannot engage Clergymen. in trade, under penalty of forfeiting the goods. They may, (a) Dutch Code, §§ 3, 4 and 5. (b) Russian Code, §§ 1 to 3. (d) 21 Jac. I. c. 3. The case of Monopolies, 11 Co. 6. (e) 3 Inst. 181. |