Germany, and therefore in all matters provided for by that Belgian code similar to the French. Bolivia.-A code of civil law is in force in Bolivia, pro- Bolivian code mulgated in 1843. Brazil.—A code of commerce was passed in Brazil in 1850. Buenos Ayres. A code of commerce was published in this country in 1859. of civil law. Brazilian code of commerce. Buenos Ayres code of com merce. Denmark.-In Denmark the code of Christian V., pub- Danish laws. lished in 1683, is still in force, with some later regulations on maritime law, and other ordinances and customs on Bills of Exchange and other branches of law. commerce. Greece. The French Code of Commerce has been adopted by Greek code of a Royal declaration, in 1835. No civil code has as yet been promulgated. A commission was issued in 1835, but it discontinued its labours. Hayti.-In Hayti the commercial and civil codes were Haytian code. enacted in 1825 and 1826, founded on the model of the French codes. Italy.-Previous to the recent union of all Italian States Italian codes. into the Kingdom of Italy, several codes were in force in this country. Sardinia had codes published in 1838. The Two Sicilies had distinct codes. The Lombardo-Venetian kingdom preserved the French commercial code, and other States had special laws on all branches of trade. During the last two years a fusion of all laws has been determined upon; and a commission has been appointed for that purpose. But until a new legislation takes place the existing laws of the different States continue in force. Louisiana code. Louisiana.-In 1824 the legislation of Louisiana adopted a civil code, which was framed upon the model of the French code. Netherlands.-A commercial and a civil code was published Dutch civil and commercial codes. laws. in the Netherlands in 1838. Norway. There is the same legislation in Norway as in Norwegian Denmark. An ancient Danish law on bills of exchange is still in force. Mexico. The ordinance of Bilboa, which at one time governed Ordinance of Spain, is still in force in Mexico. Bilboa in Mexico. Polish laws. Portuguese code of com merce. Russian code. Servian civil code. Spanish code of commerce. Swedish laws. Swiss laws. Poland.-Prussian Poland, or Posen, is governed by the Prussian Landrecht. Austrian Poland, or Gallicia, by the Austrian code. But Russian Poland, or the Duchy of Warsaw, is not subject to the Swod. The Code Napoléon was enacted there in 1808, and though it has been subjected to many changes, it is still the basis of the law of the country. Portugal.-A code of commerce was published in Portugal in 1833. No civil code has as yet been enacted. Russia. A general code, called the Swod, was published in Russia, and rendered executory from the 1st of January, 1826. As early as 1700, Peter the Great conceived the idea of collecting all the ukases published since the code of 1649, but it was reserved to Nicholas to complete this important undertaking. The commercial part, forming the eleventh volume, occupies an important place; it includes more than two thousand articles, and contains very remarkable provisions, showing the customs and usages of the inhabitants of this vast empire. Servia. The civil code was published in Belgrade in 1844. Spain. A code of commerce was enacted in Spain in 1830. Sweden.-Sweden has a civil code, many ordinances on bills of exchange and maritime law, and a law on bankruptcy, enacted in 1830. Switzerland.-Each Canton has its own special regulations. In Geneva the French Code of Commerce is in force, since 1857. In Vaud the French code is generally received as written reason. A law on bills of exchange was passed on the 4th June, 1829. At Berne and Friburg, the German common law is generally observed, but the law on bills of exchange, of the Canton of Vaud, is also in force at Friburg. At Neufchâtel, a code of commerce was published in 1843. At Basle there are many laws of commerce. There is an ordinance on bankruptcy of 1719, modified by several more recent laws. There are two ordinances on brokers, of 1801 and 1817, and an ordinance on bills of exchange, of the 14th December, 1808. At Soleure, the common law of Germany is received, and the ordinance of Basle, on bills of exchange. At Lucerne, the common law of Germany prevails, but the civil code contains many regulations affecting commercial law. A law was published on the 11th October, 1832, on the register of mercantile firms, and the ordinance of St. Gall, on bills of exchange, is in force here. At St. Gall, the 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. 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 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). 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. traders in middle ages and more recent periods. During the Middle Ages commerce was held in much higher Rights of 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. 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 |