Page:Black's Law Dictionary (Second Edition).djvu/781

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MERCANTILE

and commerce or the buying and selling of commodities. See In re S111 Ga-briel Sanaturium (D. C.) [J5 Fed. 273; In re Pnzfific Coust W-1rehouse Co. (0. C.) 123 Fed. 750; Graham \'. Hendricks, 22 La. Ann. 524.

—Merc:mtiIe agencies. lktnblishments u lvirh pull; 2| business of collecting information r--Inn‘; tn the credit. character. responsibility. mui reputation of merchants, for the purpose -1 fun Mung the information to subscribers. l ld v. Kitchen, 163 Mo. 546. 63 S. V\'. . late v. Moman. 2 S. D. 32. 4S v. W. .. . Eaton etc.. Co. v. Avery. 8.3 N. Y. 34, .'o' \m R01). 399: Gonosce Sav_ Bnnl: v. Mic]!- igun Barge C0.. 52 Mich 164. 17 N. “'. 790. —Mercnntile law. An expression substantmllr ivalent to the law-merchant or com- .w It designates the system of rules. .n: and usages generally rccoguized and e‘-lmul by merchnnts and traders, and which. min-r in its simplicity or as modified by com- mon I--w or statutes. constitutes the law for list: r-.-nlntion of their transactions nnd the -nlutinn of their controrer<|cs.—Mercantile law nniendment acts. The stulutes 19 & 21) licr. cc 60. 97 passed mainly for thc purnnse of ussimilating the mcrcsnljle law of Englnnd. Scotland, and Irelnnd.—Mercnnti1e paper. Commercial paper; such negotiable paper (bills. notes. chcclrs, etc.) as is made or Irunsferrnd by null bt-tween merchants or traders, and is governed by the usages of the busi- nu-ss world and the invi--merchnnt—1\/Iercantile partnership. One which habitually buys and nails: one which buys for the purpose of utter- w-lrds selling. Com. v. Natural Gas Co.. 32 Pittsb. Leg. J (O. S.) 310

MERCAT. A market. An aid form or the latter word common in Scotch law, form ed from the Latin “mercat-um."

MERCATIVII. Belonging to trade. MERCATUM. Lat. A mnrket. A contract of sale. Supplies for an army, (cam-

meatus.)

MERCATURE. and selling.

The practice of buying

MERCEDARY. A hirer; one that hires.

MERCER-LAGE.}} The ban or the Mer- Oue of the three principal systems of laws which prevailed in England about the hcgzinning of the eleventh century. It was observed in mnny of the midland counties. nud those bordering on the prinzfipaiity of Wales. 1 B]. Comm. 65.

MERCENARIUS. A hirehng or servnnL J :1:-oh.

MERCES. Lat In the civil law. Re- ward of labor in money or other things. As distinguished from “pensi it means the rent of farms, (pmzdilz rustici.) Calvin.

MERCHANDISE. All commodities which merchants usually buy and sell, whether at wholesale or retail: wares and commodities such as nre ordinarily the objects of tmde and commerce. But the term is never understood as including real estate, nud is

773

MERCIMONIATUS ANGLIE

rarely applied to provisions such as are pur- chased day by day, or to such other articles as are required for imniedinte consumption. See Pnssaic Mfg. Co. v. Hoffman, 3 Daly (N. Y.) 512; Hein v. O'Connor (Tex. App.) 15 S. W. 414: Elliott v. SW::u't\vout, 10 Pet. 137, 9 L. Ed. 373: Pickett v. State, 60 Am. 78; The Marine City (D. C.) 6 Fed. 415.

—Merc]1andise marks net. 1862. The starnte 2.5 8: 26 Vict. c 88. designed to prevent the frnndnicnt marking of merchandise and [he fraudulent sale of merchandise falsely mnrlrcd.

MERCHANT. A man who traiiJ'(‘£ or curries on trade with foreign countries, or who exports and imports goods and sells them by wbolesule. Webster. Merchants of this description nre couunonly known by the nnme of “shipping merchants.”

A trader; one who, as 11 buslness, buys and sells Wares nnd merchandise. See Whits V. Com.. 78 Va. 4S5: ltosenbaum v. Newbern, 118 N. C. 53. 24 S. E. l 32 L. R. A. 123; Gal- veston County v. Gorh.-1m. 49 Tex. 285; In re Cameron. etc.. Ins. Co. (D. C.) 96 Fed. 757; State v. Smith, 5 Hnmph. ('I‘cnn.) 395: U. S. v. Wong Ah Gah (D. C.) 94 Fed. 832. —Cummission merchant. See COMZMISSIION. —La.w merchant. Sec hiEBoANTILE.—Mer- chant appraisers. See APrnaIsEe.—Mer- chant sennmn. A sailor employed in a pri- vate vessel, as distinguished from one employ- ed in the navy or public ships. U. S. v. Sulli- van C. C.) 43 Fed. 604', The Ben Flint, 3 Fed. Cos. 18-1—Merchn.nt shipping acts. Ccrtilin English statutes. beginning with the St. 16 & 17 Vict. c. 131, whereby 5. general superintendence of merchant shipping is Vested in the board of trade —Merchnnts’ accounts. Accounts between merchant and merchant. which must be current, mutual, and unsettled. consisting of debts and credits for merchandise. Fbx v. Fish. 6 How. (l\Iiss.) 328.—Mer- chants, statute of. The English stntute 13 Edw. I. St. 3. repealed by 26 & 27 Vict. c. 125 —Stntute merchant. See STATUTE.

MERCHANTABLE. Fit for sale; vend- ible in market; of a qnnlity such as will bring the ordinary market price. Riggs v. Armstrong. 23 YV. Va 773; Pacific Coast Elevator Co. v. Bruvinder, 14 Wash. 315. 44 Pac 54-}.

]V[ERCI{AN'l‘lVIAN. A ship or vessel employed in foreign or domestic commerce or in the merchnnt service.

MERCI-IE1‘. In feudal law. A line or composition paid by inferior tenants to the lord for liberty to dispose of their daughters in mnrriage. Cowell. The same ns mar- chrta. (q 1;.)

MERCIAMENT. An nmerzfinment, penalty, or line, (11. 11.)

MERCIMONIA. In old writs. Wnres. Merciwwnia rt mcrchamlizzts, wares and mer- chandises. Reg. Brev. Append. 10.

MERCIMONIATUS ANG-LIE. In old records. The impost of Englund upon mer-

ch:md1se. Cowe1L