MANUFACTURES of this kingdom; an undertaking which it is hoped will be found no less interesting and useful than it is novel. The third volume relates to those municipal regulations which principally affect the private interests of trade, and here are considered mercantile contracts in general, the several leading distinctions between simple contracts verbal or written; deeds, and contracts of record, with the respective advantages peculiar to each form of contract under particular circumstances of commercial intercourse; the capacity of the contracting parties; the sufficiency of the consideration; and the legality of the matter stipulated to be performed; the forms of the contract, and when it must be in writing, under the provisions of the statute against frauds, and the other requisites, with a Digest of the stamp acts and decisions as they affect mercantile instruments; and how a contract is to be construed, and may be performed, avoided, or determined. Then follow the important laws respecting the persons engaged in commerce, as partners, apprentices, principals and agents, factors and brokers, masters and servants, and the rights and liabilities of each. The principal contracts relating to commerce, as those of manufacture, sale, (and incidentally the right of stoppage in transitu) exchange, warranties, hiring and loans, are then separately considered. The law of Bailees is then stated, in its relation to bankers and other persons concerned in various branches of commerce, as manufacturers, packers, warehousemen, wharfingers, and carriers by land and water; and the right of lien incident thereto. Then follows the consideration of the securities for the due performance of mercantile contracts, as bills of exchange and promissory notes, bankers notes and checks on bankers, bonds, warrants of attorney, statutes staple, statutes merchant, mercantile guarantees, charter-parties, and bills of lading. The law of shipping, as it affects the owners, captain, seamen, passengers, and merchant, and the relative rights, duties, and liability of each, forms the subject of particular enquiry. Then follows a digest of every enactment and decision on the insurance law, as well as it affects ships, and goods on board thereof, as warehouses and buildings, and property therein. Having thus considered all the rights, duties, and liabilities incident to commerce, the remedies for the infraction of the commercial law of nations, and for the non-performance of contracts, either in case of solvency or insolvency, are then examined. The redress for the violation of safe-conducts; infringement of rights of ambassadors and consuls; piracy, and illegal capture; and the course of proceedings in the courts of admiralty, are pointed out. The cases in which a specific performance of a contract may be enforced, or the breach of it prevented by a court of law or equity, are examined; and when it is preferable to resort to the latter court, and when securities unduly obtained will be directed by that court to be cancelled. The modes of obtaining satisfaction or compensation in damages, either stipulated or to be assessed, by set-off and mutual credit, by arbitration or by action; and the redress to be of licence, and under the Bankrupt Laws and the Insolvent and Lords' Acts, are subjects fully considered, and conclude this volume. In the last volume, or Appendix, will be found a comprehensive collection of the principal treaties, statutes, public documents, and proceedings, relating to commerce and trade, and of approved modern forms of contracts, agreements, bonds, indentures, securities, and documents of every description, calculated either to elucidate the subject of the foregoing volumes to the profession, or to be of practical utility to merchants, planters, traders, notaries, and others, in their conduct and management of commercial affairs. A table of contents, and of the names of the decisions referred to, are prefixed to each volume, which also contains a full index of the matters comprised therein; and, therefore, each part of the work will be found complete in itself, without reference to the other volumes. In this arduous and laborious undertaking I have received very valuable assistance from my industrious pupils Mr. Robert Tyrwhitt and Mr. T. W. Tyndale; and I am greatly indebted to my friend Mr. David Hughes for the advantages derived from his research and accurate observations on many parts of the subject. I fear, that notwithstanding the great care observed in endeavouring to render the work accurate, the variety of the subjects, and the interruptions incident to professional engagements, may have occasioned some errors; for which, however, I hope the candour of the reader will make allowance. Temple, 1st Jan. 1820. TABLE OF CONTENTS OF FIRST VOLUME. On commerce in general; its particular branches; and the utility Page of regulations affecting it Interference of the legislature, how far advisable How a capital may be best directed for the benefit of the state, - 1 to 25 4. In retailing produce by small quantities for immediate Relative advantages and use of each considered The interest of individuals as to profits generally the same as When the interest of the individual ceases in any particular channel of trade, the interest of the state accords, and it is of no avail to attempt to force it into another channel What foreign export and import trades are most advantageons for How asserted, and its infraction remedied - 37, 8. 26, 7 2. The customary law between particular states The origin, utility, and effect of this law Instances of it in the whale fisheries, &c. |