Page:The New International Encyclopædia 1st ed. v. 12.djvu/41

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LA WES. 29 LAWN. for the Advancement of .Science, Proceedings and 'J'runsactioiis ol the Koyal .Society o£ Loudon, Journal of the Horticultural Society of London, and Memoranda of tlie Kothamsled Station. LAW MERCHANT. Originally, the body of rules governing the various communities of mer- cliants throughout Europe, and administered by piepowder courts (q.v. ), staple courts, and merchants' courts (q.v.). The procedure of the law merchant as well as the substantive rules difi'ered widely from those of the early common law. Its courts were expeditious, seek- ing not only to do justice, but to do it speedily. Judges for these tribunals were selected because of their knowledge of the law merchant, and were bound to administer that law, and not the common law of the land, nor the peculiar legal usages of the cities, towns, or boroughs where they sat. During the seventeenth century the courts which specially administered this body of law died out in England, and their jurisdiction was assumed by the common law and equity tri- bunals of the realm. From this time to the acces- sion of Lord ilanstield as Chief Justice, the term "law merchant' was employed in quite an indef- inite sense. The common-law judges and juries were not versed in the legal usages of merchants. When mercantile controversies came before them, it was oftett necessary to call merchant witnesses to prove what the law merchant applicable to the particular case was, although at times the mercantile custom involved was so notorious that courts would take judicial notice of it. The third period in the history of the law merchant in England embraces the latter half of the eighteenth century and most of the nine- teenth. Lord ilansfield conceived that the usages of merchants in all countries rested upon the same general principles, and that the law mer- chant was a branch of the ;'h.5 gentium, or law common to all nations. As Chief .Justice he de- voted his great energies to the development of a body of legal rules which should be based not on the common-law doctrines of England, but upon principles which commercial convenience, public policy, and the customs and usages of merchants had contributed to establish, with slight dif- ferences, over all Europe. In the United States his work was carried forward by Chancellor Kent, .Justice Story, and others. As a result of the movement the law merchant and the common law are no longer distinct and separate bodies of legal rules. To a large extent they have be- come amalgamated, and are administered by all legal tribunals as a single system. At the pres- ent time, therefore, "law merchant' does not desig- nate a true body of law. as it did formerly, but is applied to various branches of English law, in which the old usages of merchants still survive to a considerable extent, or which have sprung out of modern business needs and customs, such as agcncji, bailments, insurance, partnership. Consult the authorities cited under those titles; also: Smith, Compendium of Mercantile Laic, MacdonneU's Introduction (London, 1890); Scrutton. The Elements of Mercantile Law (Lon- don. 18911 : Burdick. The Essentials of Business Law (Xew York. 1902) ; "What is the Law Mer- chant?" (2 Columhia Law lierirw. 4"0. 1902); "The Early History of the Law Jlerchant in Eng- land," xvii. Law Quarterly Reriew. 2.32. 1901. LAWN (ol<Jer forms laicnd, laund. OF. lande, launde, Ft. lande, heath, from Ir. land, OWelsh, Bret, lann, Corn, lun, open space; ultimately con- nected with Goth., AS., Eng. land, OHU. lant, Uer. Land, land). A smooth, even, well-kept turf or greensward, intended solely for ornament and pleasure. The hot and dry summers which frequently prevail in the United States are in- jurious to grass; but as the lawn is usually lim- ited in extent, this obstacle is overcome by eon- trolling the moisture conditions. Good velvety turf can be maintained in moderately dry cli- mates, even in times of intense and prolonged heat and drought by daily supplying the neces- sary moisture. In no instance is tlie condition of the soil a more important factor than in lawn- making. The best soil for this purpose is a sandy loam of fine texture with a clay subsoil, the most favorable combination for either wet seasons or times of drought. A clay soil bakes too readily, and an open sandy or gravelly soil is not sutiiciently resistant of drought. Before the soil is prepared to receive the grass-seed, it is drained if it has inadequate natural drainage, and then graded to give it the desired contour. The ordinary dooryard lawn is usually level, but the extensive lawns of parks combine in their contour the level, the convex, and the concave, gracefully merging into each other. The preparation for the grass-seed consists in working the soil with the plow and subsoiler or the spade to a depth of at least one foot. All stones and rubbish are removed to ob- tain a clean, fine, and well-tilled seed-bed. A rich soil is essential, and the land for a lawn should be enrjched by heavy applications of well- rotted barnyard manure or when the manure cannot be obtained by a heavy dressing of com- mercial fertilizers. A complete commercial fer- tilizer, i.e. a fertilizer containing nitrogen, phos- phoric acid, and potash, is used and liberal quan- tities of lime and bone-meal are worked into the soil in addition. The selection of grasses is de- termined by the climate of the locality, and the color, texture, and sod-forming habit of the dif- ferent species. The most common grasses com- bining the qualities of a lawn-grass to a greater or less extent are Kentucky blue-grass, fescue grass, bent grass. Saint Augustine grass, and Bermuda grass. The finer varieties of fescue and bent grasses form an especially soft and elastic turf, qualities highly esteemed in a lawn. Saint Augustine grass and Bermuda grass are well adapted to warm climates, and are ext<'nsively used as lawn-grasses in the Southern United States. In order to obtain evenness in the text- ure of the turf and the color of the lawn, it is customary to sow only one kind of grass. Mix- tures of different grasses, however, are also fre- quently used. A light, scattered stand of white clover is often considered desirable. The grass- seed is sown thickly, from oO to 60 pounds being used per acre. Care should be taken not to intro- duce weed-seeds in the manure or with the grass- seed. The time of seeding depends upon the cli- mate and the prevailing weather. The seed should he sown when the conditions for its growth are the most favorable. Moisture is an absolute re- quirement, and for this reason solving shortly before an expected rain is the common practice. Windy weather prevents the even scattering of the seed. In general, sowing is done during the moist months of spring, but where conditions permit in the early fall. After the soil has been made perfectly smooth and fine, the seed is