he is bound to deliver them, either by himself or agent, safely to the house, &c. to which they are directed: If, therefore, they are left at the inn until spoiled, without being sent to their place of destination, or notice thereof given to the consignee, the carrier is liable. 3 Wills. 429. 2 Blac. 916.

Where a cask of wine burst in a carrier's team, owing to its being too new for carriage, it was held the carrier was exempted. Bull. N.

P. 74. Also where a carrier's wagon is full, yet the owner would thrust his goods in, and the goods are lost or damaged, the carrier is not liable. 8 T. R. 330.

It has been held that if a carrier receives a box or trunk containing money, although when he enquired if it contained money was informed by the owner to the contrary, and is robbed, he is liable; but if the carrier had told the owner that it was a dangerous time, and if there were money in it he durst not take charge of it, and the owner had answered as before, this would excuse the carrier. 1 Vent. 238, Bull. N. P. 75. Str. 145.

If a common carrier has goods delivered to him to carry to a certain place, and a stranger takes them out of his possession, and converts them to his own use, an action of trover and conversion lies for the carrier against the person who took them: for the carrier had a special property in the goods, and is liable to make satisfaction to the owner. Trinity, 15. Car. at Guildhall; Goodwin and Richardson, 1 Mod. 31.

Where goods are stolen from a carrier, he may prefer an indictment against the felon as for his own goods, for though he has not the absolute, yet he has such a possessory property, that he may maintain an action against any one who takes them from him; and the felon may also be indicted by the real owner.

A delivery to the servant is a delivery to the master, and if goods are delivered to a carrier's porter and lost, an action will lay against

the carrier. 1 Salk. 282.

Where a carrier gives notice by printed proposals, that he will not be responsible for certain valuable goods, if lost, of more than the value of a sum specified, unless entered and paid for as such, and valuable goods of that description are delivered to him by a person who knows the conditions, but concealing the value pays no more than the ordinary price of carriage and booking; the carrier is, under such circumstances, neither responsible to the extent of the sum specified, nor liable to repay the sum paid for carriage and booking. Clay v. Williams and others, M. 30. Geo. 3. 1 H. B. 293.

A carrier who undertakes for hire to carry goods, is bound to deliver them at all events, except damaged or destroyed by the act of God or enemies, even though the jury expressly find, that the goods were destroyed, without any actual negligence in the carrier; and if any accident, however inevitable, happen through the intervention of human means, a carrier becomes responsible, as if such accident happen by fire beginning at another booth in a fair, different from that wherein the goods were placed, and spread afterwards thither. Forward v. Pittard, 1 T. R. 27.

Where the consignor of goods had delivered them to a particular carrier by order of the consignee, and they were afterwards lost, although the consignor paid for booking these goods, it was held he could not maintain an action against the carrier for the loss, and that the action could only be brought by the consignee. Dawes v. Peek, 8. T. R. 330.

The owner of goods on a navigation between A. and C. having given by public notice that they would not, in any case, be answerable for losses, except such loss were occasioned by want of care in the master, nor even in such case beyond 10l. per cent. unless extra freight were paid; the master of one of the ships took on board the plaintiff's goods, to be carried from A. to B. (an intermediate place between A. and C.) and to be delivered at B., the vessel passed by B. without delivering the plaintiff's goods there, and sunk before her arrival at C. without any want of care in the master; and it was held, that the owner of the vessel was responsible for the whole loss, in an action upon the contract. Ellis v. Turner and others, 8 T. R. 531.

CHECKS OR DRAFTS on bankers, are instruments by which a creditor may assign to a third person, not originally party to the contract, the legal as well as equitable interest in a debt raised by it, so as to vest in such assignee a right of action against the original debtor. 1 H. B. 602. These instruments are uniformly made payable to bearer, which constitutes a characteristic difference between them and bills of exchange, they are equally negotiable as bills of exchange, although they are not due before payment is demanded. When given in payment, they are considered as cash; and may be declared on as bills of exchange, and the moment this resembles begins, they are governed as bills of exchange.

Checks payable on demand, or where no time of payment is expressed, are payable instantly on presentment, without any indulgence or days of grace, but the presentment should be made within a reasona

ble time, after the receipt, otherwise the party upon whom the check is drawn will not be responsible and the person from whom the holder received it will be discharged. Presentment should be made on the very day the check is received, if given in the place where payable and the distance or other circumstances will allow it. Chitty, 147. Bayl. 65. But by the usage of merchants, a presentment of a draft from a banker's check, payable at the place where it was given, may be made at any time before 12 o'clock on the day after the receipt of it, or at any time within 24 hours after such receipt. Str. 415, 416, 910, 1175, 1248. Lord Raymond, 928. Holt. 120. 1 T. R. 168. Appleton v. Sweetapple, Bayl. 65.

If payment of a check be made before it is due, in case of loss or accident, the banker must pay it. over again. De Silvia v. Fuller, Settings, London, Easter 1776. Esp. N. P. 40.

A banker's draft is only taken conditionally if paid, and not otherwise, unless there is an express agreement to take it as cash, 2 Salk. 442. Lord Raymond 928.

A banker's draft payable to bearer and endorsed, is a bill of exchange against an endorser, and he is equally liable.

It has never yet been decided whether a check should or should not be protested as a bill of exchange, but as a check payable to bearer, is considered as a bill of exchange against the endorser, it will be proper in case of non-payment to avoid litigation, to have it protested. See Bills of Exchange, Promissory Note.

COMMERCE, is the exchange of what is superfluous for that which, is necessary, and as, in the natural progress of things, the superfluities and wants of men have increased, commerce has gradually become more intricate and extended.

A single exchange of articles mutually wanted, was the first form in which commerce was carried on, and it was transacted by the proprietors of the articles themselves without the aid of intermediate persons, or any intermediate measure of value.

As the property of men increased, and their wants multiplied, the difficulty of finding persons with whom to exchange the surplus of one man's stock against the varieties of different articles he had occasion to use, rendered a general standard or measure of value necessary; for even in a very rude state of society, the simple theorum of euclid, that things which are equal to the same things are also equal to one another, was understood, and money became an intermediate measure against a certain quantity of goods of whatever sort they might be; an interme

diate measure, however, though it greatly facilitated transactions b way of exchange or barter, was not sufficient. An intermediate person to whom those who had a surplus to dispose of, or who had wants to supply, might address themselves, soon became necessary, particularly when a distance of space prevented the direct communication of those to whom the articles originally belonged. These intermediate persons were called merchants from the earliest times, and the progress of things has been such, as to throw into their hands almost entirely the exchange of superfluities and wants, which is termed com

merce.

The human intellect, which in every state of society is exerted, where personal interest is concerned, with a considerable degree of acuteness, soon perceived that the intermediate merchant was extremely convenient, yet when an article passed through the hands of a merchant, its price was augmented but not its value. This circumstance has kept barter, which is commerce in its simple state, at variance with regular commerce, in so far, that the proprietors of articles, whenever they found it practicable, gave the preference to barter article for article, and when that could not be done, as the nearest step towards it, selling for money to the man who wanted the article for his own private use, or purchasing from the person who, having produced more of an article than he wanted, was induced to sell. then, is carried on in three different ways.

Commerce,

1st. By an exchange or barter of one article for another, those who produce the articles treating or negotiating directly and personally with

each other.

2d. The person producing an article treating, as in the first case, directly with the person wanting it, but receiving money, and not other goods, in exchange. And,

3d. When the person producing the article and him who wants to use it, have no intercourse with each other, but apply mutually to a third and intermediate merchant, who buys from the one and sells to

the other.

This last species of traffic or mode of exchanging articles is that which by want of pre-eminence received the name of commerce, which has not always increased in proportion to the wealth of a nation, although nearly so in proportion to its luxuries. This has occasioned a considerable error in our ideas, with respect to the wealth of the present, compared with former times.

The articles termed necessaries of life, wanted by all men, and the

most part of which are produced in all parts, are easily exchanged by way of barter. Butchers and bakers may pay for almost any thing they want with bread and meat; taylors and shoemakers, may in like manner, but to a lesser extent, do the same thing; but a ribbon weaver, a jeweller, and such like manufacturers, can never supply their wants by the barter of their productions. Such productions must go to those who want them through the regular channels of commerce.

Articles consumed in one country, and the produce of another, must also go the regular routine, so that what is termed commerce augments or sinks in a nation in proportion as articles of this latter description are produced or consumed by those who are in the country.

Another species of commerce is when a nation becomes the intermediate channel of connexion between other nations, and supplies them mutually with a part of what they want, in which case it is termed a commercial nation.

If we look to former times we shall be inclined to consider commerce as a great blessing, luxury gives birth to it, and for a long time they grow up and flourish together, till the day comes that luxury engenders vanity and idleness, when commerce immediately quits her company.

Commerce has of late years changed the form in which it was carried on. The invention of insurance has taken away the risk of the sea, and those other hazards which rendered mercantile pursuits precarious, bankers and brokers of various descriptions transact the business of money, sale of goods, &c. and the merchant has only three things to find-knowledge or judgment of what business will succeed, credit and capital, and connexions and correspondents.

It must be evident from what has been said, that commerce and wealth, though connected, do not bear any necessary or certain proportion amongst a people. It must farther be evident, that external commerce is not altogether necessary to a nation, in order to be wealthy, except in so far as the productions of other countries are necessary to support the degree of luxury that exists in the interior.

Commerce has now become a certain, as it always was, an honorable road to wealth. It is divided in its nature into foreign and home trade, wholesale and retail.

COMMISSION is the per centage allowed by merchants and traders to their correspondents for transacting the various concerns committed to ther care.