The Express.
London, England, 1851-11-10 00:00:00

TRIBUNALS OF COMMERCE.

A committee meeting of the Society for Promoting
the Establishment of Tribunals of Commerce, and reducing
our various mercantile laws into a simple and intelligible
commercial code, was held on Saturday at the London
Tavern, Mr. Maeourooa, M.P.,in the chair. The object of
the meeting was to afford Mr. Levin Levi, the author of a
work on the subject, the opportunity of submitting his views
as to the formation of a code of commerce for England.
The CH•IREAN and HONORARY SECRETARY addressed 1
the meeting.
Mr. LEVIN LEVI then came forward. He said he lae-
lieved the committee had undertaken a task which would, in
its results, confer the greatest benefit on Great Britain, but it
was one that could not be accomplished efficiently without
the greatest caution, and a full knowledge of all matters
bearing on the subject. (Hear, hear.) A code of
commerce should embrace all the several branches of com-
mercial law by which the mercantile community in its
various relations was affected. Starting with the law re-
lating to merchants, it would be necessary to define what
belonged to the civil law as regarded minors, married
females, and idiots. Then they would have to deal with
I the law of partnership, and here they would hive to con-
sider the different relations of general and private partner-
ship, unlimited liability, and partnership with limited pia
bility. Again, they must consider the law of general con-
tracts, and contracts for sales, a subject which in itself
opened a large field for discussion, inasmuch as the law was
widely different iu England and in Scotland. Next there
was the law of exchange, of principal and agent, including
brokerage, insurance. Then there was the law as regarded
shipping, the law of bankruptcy, and lastly, mercantile
,jurisdiction. A code of commerce must define the
law in all these various branches. (Hear, hear.)
In some points the law was established permanently, but
in others it was changeable with altering circumstacces,
and it would be necessary in the code that these branches
should he divided and kept distinct. It would also be essen-
tial, in dealing with the subject, that they should conciliate
the various interests involved, and combine those which at
present were permanently opposing. With regard to bank-
raptcy, there was a considerable difference between the law
of England and that of Scotland. The English bankrupt
law had been the subject of constant alteration and change,
while that of Scotland was permanent; and any one who
endeavoured to combine the mercantile laws of Great
Britain into a simple and compact code, must deal with all
these points and meet all these obstacles. The object the
society bad embarked in in this respect was one of the
noblest in which they could be engaged, for it was the
crowning point of all reform in mercantile law, and the beat
means of diffusing a general knowledge of right and
wrung amenget the commercial classes. (Hear, hear.)
The commercial law of Great Britain was at present con-
fused, but vet having its foundation laid on solid and great
principles, and containing under a mass of heterogeneous
materials the results of profound reflection and wisdom,
deep investigation, and the principles' of a normal standard
fur adiainistering justice. The first duty to be done was to
extract from these materials what was the law, and to lay
it before the public in a 'slain, a practical, and intelligible
form. (Hear, hear.) Nut to frame a new law, but to bring
the law as it was within the comprehension of every man
affected by it. The course to be pursued was, to depute a
party qualified and able to grasp the whale subject in
all its be tringe, its details, and its difficulties, to prepare and
bring before the public suelia project or digest of law,
styli digest to comprise under aistinct heads the permanent
14w, and that portion of the law which was susceptible of
modification, and stating the difference when ouch dif-
ference existed between the English and the Scotch law.
This project he suggested should then be sent round to the
various mercantile communities, and to all the influential
merchant., that they might make their criticisms upon it
and explain the customs in various places, and how far such
customs differed from the law as it appeared to be. He
would allow six months for this inquiry. Ile would
also send a coy to the chambers of commerce at
Liverpool and Manchester, with a request that they
should investigate the law under its different heads
as the law of partnership—the law of exchange, etc. ; and
having the copies returned at the end of the six months, with
the comm nts and the results of the investigations of these
public bodies and private merchants, lie would propose that
compared and nsblered, and where they agreed that they
should be inserted in the code, and in this way a code of
mercantile law would be formed, having the concurrence of
the whole of the mercantile classes of the king-
dom, which might then be submitted to the le-
gislature for its sanction. (Hear. hear.) The first
ditty would be to bring tezether the law as it was,
and whether foreigner or native were deputed to this task
mattered little, for it would be merely a work of industry.
So far the object was a practical one, and might be carried
out without much difficulty, and when it was accomplished
thee they would have in their hands the readiest means of
effecting ell they dasired, for everything like opposition
would have been removed. There was no politicafor party
feeling likely to be evoked in this matter, inasmuch as it was
quite distinct front any question of protection or free•trade.
Their purpose merely was to decide what was right and
what was wrong between man end man, and to assert those
principles in a way that should be clear and comprehensible to
all. They must remember that what was rightot one time was
right another. The Code Napoleon had now been in
existence thirty years, and it had been scarcely altered.
With regard to the difference of law between England
and Scotland; in the latter country, when a sale was
made the property did not change until it was delivered,
but in England the change was effected when the sale took
place. Same of these matters were connected with elm
civil law in some respects, but they were the soente of
much confusion and difficulty, and no doubt much diffi-
culty would occur in dealing with them, but they must ex-
ect difficulty in a task of this kind, and what was worth
having that was free front difficulty? (Hear, hear.) lie
knew that in Scotland there was a strong desire prevailing
that the mercantile law of the two countries should
be made uniform, and that the English law of bank-
ruptcy should be extended to them. He believed,
therefore, that if such a code as was suggested
were presented to Scotland it would meet with the
most ardent support. lie believed the country generally
was rife for the measure. Committees had been formed in
furtherance of the object in Edinburgh, Glasgow, anal Bir-
mingham; and he had recently addressed a meeting in
Dublin ea the subject. In each.of these places the inarem-
tile bodies were unanimous in commending such a measure
to general attention, and were anxious to support it. lie
believed that if this step were taken by England it would
be followed by other countries ; and that the benefit would
not be confined to us alone, but would be extended to the
easels mercantile world. (Cheers.)
The CHAIRMAN expressed his entire concurrence in
the views of Mr. Levi, but called attention to the great diffi-
culty of doing anything in parliament except under the ap-
plication of strong pressure from without.
Mr. LEVI suggested that the county courts might be
made available to a great extent for the decision of mer-
cantile questions, without the employment of new ma-
chinery. The only additional expense would bo the ap-
pointment of commercial judges.
On the motion of the CHAIRMAN, a vote of thanks was
passed to Mr. Levi ; and after an intimation from the secre-
tary that letters had been received from Sir .1. Duke, 11. P.,
Mr. Hume, M.P., Mr. It. D. Mangles, M.P., and other in.
fluential gentlemen, expressing their entire concurrence in
the purposes of the society, and their regret at their ina-
bility to be present, the meeting separate&