plement of such imperfect proof, provided there has been a course of dealing between the parties, and other satisfactory circumstances (a). FOREIGN LAWS. France. Every merchant must keep a journal exhibiting Kinds of books to be kept by daily the debts due to him and by him, the operations merchants. of his trade, his negotiations, acceptances or endorsement of bills, and generally all that he receives and pays, by whatever title it may be, showing also the sum monthly used for his own. private expenses, besides other books used in trade which are not indispensable. He is bound to file the letters which he receives, and to copy in a book those which he sends. He is bound to make every year an inventory of his property, movable and immovable, and to copy it every year in a special book. The journal and the book of inventory must be examined once a year either by a judge of the tribunal of commerce, or by the mayor or his assistant, in the ordinary form and without any charge. The books must be kept by order of date, without blanks, omissions, or marginal references. No sheet can be torn from the books. The copy letter-book is not subject to these formalities. The merchant who has not kept his books, or whose books are incomplete or are badly kept, may be declared “banqueroutier simple." The suppression of books would constitute fraudulent bankruptcy. Merchants are bound to keep their books for ten years. Merchants often keep other books which are not exacted by law, such as the ledger, the sale book, cash book, &c. These books are admitted as evidence in a court of law, the same as the journal and book of inventories. Commercial books, if regularly kept, may be admitted by the judge as a proof between merchants on matters of trade (b). Value of entries as evidence in courts. United States of America.-The law respecting the admission of the party's own books or his own entries differs in most of the states. It is permitted by statute in Vermont, Connecti- American cut, Delaware, Maryland, as to sums below £10 in a year. In Virginia, North and South Carolina, Tennessee, Louisiana, and Maryland entries made by the party himself are not admitted. In the other states they are admitted at common law under various degrees of restriction; but before the books of (a) Taylor on Evidence, vol. i. p. 561. Tait on Evidence, p. 286. (b) French Code of Commerce, §§ 817 and 536. Obligation to keep books. the parties can be admitted in evidence they are to be submitted to the inspection of the court, and if they do not appear to be a register of the daily business of the party, and to have been honestly and fairly kept, they are excluded. If the books appear free from fraudulent practices, and proper to be laid before the jury, the party himself is then required to make oath open court that they are the books in which the accounts of his ordinary business transactions are kept. He must also swear that the articles therein charged were actually delivered, and the labour and service actually performed. The books must be the register of business actually done, and not of orders and things to be done subsequent to the entry. in Germany. Every merchant is bound to keep books which shall exhibit the state of his business. He must preserve all letters of business which he receives, and keep a copy of the letters which he sends, entering them in a book according to date. Every merchant must, on his commencing business, set down accurately all his immovable property, the amount due to him, the amount of cash on hand, and any other property. He must make a valuation of such property, and make a balancesheet, showing the relation of such property to his debts at the time. Such a balance-sheet must be made every year, unless from the nature of the business it can only be made every two years. The balance-sheet must be signed by the merchant, and if there are several partners all must sign it. The balance-sheets from year to year must be entered in a book to be preserved. When the balance-sheet is made out, the property must be valued as it is worth at the time. Doubtful debts are to be entered according to their probable value; and bad debts must be removed. The books must be kept in a living language, and they must be bound up and paged. No cancelling can take place in the books, nor any changes in the entries. Merchants are bound to keep their books and letters for ten years after the date of their last entries upon them. Books legally kept are an imperfect evidence among traders in commercial matters, to be completed by an oath or other evidence. It is, however, left with the judge to decide what additional proof may be required where the entries in such books are disputed. Commercial books irregularly kept are received in evidence according to circumstances. In case of dispute, the judge may demand the deposition of the books; and in case of refusal, the contents as asserted is taken as a proof to the prejudice of the refusing party (a). form of books. Brazil.-Every merchant is bound to keep a journal and a Nature and copybook. He must enter in the journal every business he transacts, every document which he passes, every bill which he accepts, endorses, pays, and all that he receives and pays. These books must be numbered, sealed, and examined by an officer of the tribunal of commerce (b). Buenos Ayres.-Every merchant must keep books to register his accounts and his mercantile correspondence. He must keep a journal, an inventory, and a copy letter-book. In the journal are to be entered daily all the operations of trade, all the documents and bills, and in general all he receives. The inventorybook begins with a description of all the property held at the commencement of the business, and contains balance-sheets made up every year, each balance-sheet being signed by all the parties interested in the establishment. No alteration, erasure, mutilation, or interlineation can be made in the books; and books which are defective in any of the required formalities have no value in favour of the merchant who kept them. Commercial books kept in the form required are admitted in court as evidence between merchants. In matters not commercial the books of commerce serve only as a commencement of proof. The merchant must preserve his books for the space of twenty years (c). Greece. The same law exists in Greece as in France. The books must be kept in the language of the country (d). Italy.—The same law exists as in France. Books of account establish only half evidence (e). Kinds of books to be kept. Netherlands.-The merchant must keep his books thirty Length of years (ƒ). time the books should be Portugal.-Merchants are bound to keep their books regu- kept. larly, but the kind of books and the manner of keeping them are entirely left to their own discretion. Books of trade must be kept for thirty years. Merchants having accounts among themselves must close them every year (g). Russia.-All merchants must keep books. Bankers, whole- Kind of sale traders, and foreign traders, or merchants of the first class, must keep the following books:-a journal, a cash-book, a ledger, a copy letter-book, a book of merchandise to enter in it all goods received or sold, an account-book to open an account with each debtor and creditor, a book to enter accounts for merchandises sold, and an invoice book. Merchants of the second class must keep the following books :—a merchandise book, a cash-book, an account-book where the merchant enters in detail all the money due to him and by him, specifying when due and the payments he has made and received, a document-book to register all bills of exchange, shares, contracts, and other agreements. Merchants of the third class-viz., retailers must keep three books, a cash-book, a merchandise-book, and a balancesheet-book, for the purpose of showing what they owe to others and what is due to them. The book ought to be kept regularly and in the order required by law, without corrections, erasures, interlineations, or blanks between the different items. Every merchant is bound every year, or every eighteen months at least, to verify the state of his accounts, and make a balancesheet, showing all that is due to him and all that he owes to others. Bad debts cannot disappear from the books without showing what has been received against them. The balancesheet must be duly registered, and the new books must commence with the sum of capital and property left over from the expired year. Books of trade cannot be taken from a merchant nor examined, unless in case of bankruptcy. The books must be kept in the Russian, Polish, or German languages; they cannot be kept in Hebrew unless accompanied with a translation in any of these languages. Every merchant is bound to preserve his rough note-book, in which he writes his transactions before they are entered in the regular books. The books must be preserved, and in case of bankruptcy the merchant may be required to produce books ten years old. Commercial books, regularly kept, are evidence in a court of law between merchants, when they are comparable; if there be a difference they Books of trade cease to be of value. Books of trade are only a commencement of proof as against a non-trader for deposit of goods or loan of money, when the merchant shows, or it is otherwise proved, that the goods have in reality been deposited or the money received; and when doubt or disputè exists only as to the Must be in the Russian, Polish, or German languages. valid as com mencement of proof. time of delivery, the quality or quantity or the price of merchandises, or on the term of payment. In support of this commencement of proof the merchant must take his oath. The proof resulting from books of commerce ceases to be valid after ten years, or if the merchant is dead, after five years from the day of his death, when used against a merchant. As regards non-traders this kind of proof can only be used for one year from the date of the entry, or it may be extended to five years by means of a protest, or in case the non-trader is absent or gone abroad. The books of commerce are no evidence in a court of justice if they are irregularly kept, if there be fraud, or if the merchant was a fraudulent bankrupt. In all cases such books may be produced against himself (a). Spain. Every merchant must register his business in three books the journal, the ledger, and the book of inventories. These books are examined every year by the judge of the tribunal of commerce. Retail merchants are bound to make their inventories once every three years. Books irregularly kept are not received in evidence in court; the merchant who kept them thus incurs a penalty of 1,000 to 1,200 reals. A fine of 1,000 to 6,000 reals is incurred by keeping the books in any other language than the Spanish. Those so kept must be translated in the national language. Merchants are responsible for the preservation of books and papers connected with their trading until all their operations are concluded (b). Switzerland.-The canton of Lucerne has the same regulations as the French code; but the books need not be examined by the judge, and the balance-sheet must only be made every two The merchant who does not keep his books is deemed a bankrupt. In the canton of Bâle the same law prevails, years. Obligation on merchants to keep books. SECTION X. REGISTRATION OF MARRIAGE CONTRACT. FOREIGN LAWS. France. Where either of the parties being a trader marries, an extract of the marriage contract must be sent to the civil and commercial tribunal, to be set up for one year; the extract (a) Russ. Code, book iv. t. 2, chap. 9, §§ 1, 2, 3. |