The Express.
London, England, 1856-06-12 00:00:00

THE EXPRESS, THURSDAY EVENING, JUNE 12, 1856.

COMMERCIAL CONTRACTS AND THE MER-
CANTILE LAW AMENDMENT BILL.

A Meeting of merchants and brokers of the City of
London, convened by circular, wee held psterdey at the
London Tavern, on the invitation of Baron Lionel de Roths-
child, to meadow what course It might be advisable to take
with !ohmic* to the Mercantile Lew Amendment Bill,
which has Just passed through the Roue. of Lord", and
which awaits diacussion is the Rosso of Commons.
la tbe ablosee of Baron Rothschild, who was prevested
from situating by indiapoeltios, the chile was taken by Mr.
11. T. Wzoontist, Governor of the Beak of England.
The CA.sinmnst Mein explained Me objects of the
'KM
Rellllo moved the following resolatioa :—" Re-
! solved, that this meeting view with slum the progress
of a bill in liarlianiont entitled The Mercantile Lill
Amendment Bill,' by which it is proposed to repeal the
English law requiring contracts for the sale of goods to be
is writing. That rho esteblished principle that merchants
are not to be boned by clamant' until radio:ad to writing
is of the deepest importance to the commercial community,
and it would be attended with risk of the most grievous
frond sad perjury if contracts meld be enforced in a mart
of law without any emitting seta The entice thereto,*
invite the aisistance of the aeressell• commusity thsosgh-
out the esuary ia epposing this measure, which is new to
ha the law of England, has not been called for by the com-
mercial public, and threatens ea entire subversion of the
present corns of business without any adequate advantage."
Mr. J. B. FILTH seconded the resolution, which, after •
few words from Mr. J. B. Ciasemrr, was pet sad Clrried
imanimossiy:_

lir. 0. J. Brasses, on 'Wag to move the, next refola-
lion, said ho thought they should not he satisfied with
hayloft enabled an expressos of opinion on the put of that
meeting, but should seek to obtain one eo-extenstee with the
immense interests concerned. It appeared to him most
mansion that it should be necessary to appeal to the great
esermatile inns sts of London to arrest the program of a
measure bestrew on mercantile law which was proposed by the
government ostensibly for the promotion of then imamate.
Bat so it was. Oa the mere assamption that it was die.
'debts to establish perfect uniformity between the ma-
mettle law of Bushed and that of &island, the govern-
ment seemed determined to pm • bill which magailited
the South marnaule law to the Bertha on
• poet on which English merchaats and traders
felt that they would be extremely Mitred by
ssdmhlatios The greenness which were alleged to have
resulted from the pretest state of the law wars, altar all,
each as the parties aggrieved might easily have avoided by
thenry Maple expedient of »dung the menaces into
which tiny entered to writing. The neglect of that very
simple reggae°. had imposed them to lore, and ineon•
nutmeg, and they wanted to involve the whole of the
immense mercantile operations of this matey in in same
difficulties and litigation to which they had thenuoina been
imposed Nothing, as it appeared to him, could be
more unjustifiable this such as attempt ; and it was the
more unj notifiable, because all the mercantile evinces which
had bees brought to bear on te• subject was opposed to the
laalltSte which the goverment hod iatroduced. It was
(rite tam that legal opinions bad bee gives is favour of
the measan, bat the whole of the large &mu
martial tannin of Liverpool gad London wars
decided in their oppositioa to the proposed innovation. The
I remedy which the goverament told them to Inert to was
'that every merchant should inform his broker that he would
'sot b bound by Rewritten contents, aid it was imsgiaed
that they would continue to mike eostratte in writing. It
Inuit be obvious to every gentleman pretest that this sup
iffitawwmassagt°getaistlid Eli", "d
.:14 °lf( ealltjaott
or Glaagow, where tee number of trate was eomparatively
few, and where the manhunt were all known to ease
other; bat as regarded the City of Loadoa when there
were so gamy handurds of mierchaats, and where business
was carried ea upon ran ea intensive sad varied scale, to
do away with the aneselty for a written content would he
to introduce insecurity both as to the far of a contrast, and
as to the mode in which, supposing it to hays been entered
' into, it wet intended to be carried oat. The remedy
proposed was, therefor,, totally inadeqnste. When the
committee of the House of Lords found that the evidence
we. adverse to the bill, what wee their lest point? It was
this : " After all, sines this custom of run is so extremely
briseffclal and so indispensable, dorm not think that custom
and Sitarist alms will form • habit which will be proof even
against the facility of the contrary usage, which it is now
proposed to introduce ?" He could not help regarding that
as a templet* condemnation of the proposition, became it
amounted to this : " Ban la • custom which is so thoroughly
is harmony with the habits sad interests of the commercial
community of London that they always have adopted, and
always will adopt it, but we will introduce a law which will
give mss the option at all events of following •
contrary nags" He did think that before pro-
poMag an alteratiou of this hied the government should
have *mind whether or not it was ia harmony with the
feelings of the mereantil• community. But, then, it was
said that this thing wee done la temtlead. Now, they know
very little about what was dose in that matey, having
very few commercial dealings with it. Tbey hum, indeed,
that Scotland was not a commercial coantay in ;the same
degree as Ignited, that Glasgow was not to be put on a
parity with Loudon, and that thus were many points on
whisk the Scotch law differed from tear own. But old it
fellow be nn the Sena would sot adopt their cos-
ting and laws that they should adopt theirs ? It might as
well be said that because the Sesta wore kilts band of
tonagge. they should also wear kilts, as that their
mistraastlie law should be assiallated to that of
SaMlnad. (Laughter.) He seseladad by moving that •
cammittso mould bformed to take such step as they
=ems sesmasey to obtan • rural expromisa of
see the part of the sassmatila eismathaity, le II&
011011111111 a with the lint nealotion, and that the 0111111•11111111
ahsgY moist of the following ambers, with pawn to add
to thdr austor : Boron L. de Rothschild, Mr. M. T.
Werailla, Kr. T. Baring, Kr. J. 0. Hibbard, lir. E. C.
Chapman, Mr. D. Keinerish•geo, Mr. J. B. Heath, ldr.
J. P. Oudot, lir. J. I. Travers, lir. llalcomson, sad Kr.
B. Gnat

Massie, in seconding the neolutioc, sold, from
all he could learn, • number of Scotch gentlemen had ap-
pealed to the ltgislature to avrimilate the Scotch law ea this
subJeet to the English law. He was quite at • loss to nu.
anima on what ground the government bad interfered
with the management of the commercial affairs of this
country. He was amviesed that the smutty dealers would
rise in a body in oppooition to the MU, it they were at all
ewers of its tendency.
Mr. T. BANI.IIT. H.P., said that though he ecianned
to what had fallen from the mover and tesender of the re-
solution' he thought it right to state that Mr. Moffatt, a
mesaberof the Hoses of Commons, who stated that he had
vary titmice deallor In the constry, had told him that
the retail deders from oas end of the **wry to the Ober
wen all in fovea, of the proposed change is the law. Not
being is the habit of catering int* emanate of that kind
he wet unable to combat the opinion thee maimed ; but
if he were furnished with evidence to the c watery, he
would nee it to the best of hie ability is the Home of
Commons.

Mr. Thavaas said, havisg, se Wlead of the Arm with
whiek he wee orameeted, boa ewieged le transactions with
oesetry dealers he email, burial not recollect ea
butanes dories Oat park)/ W • verbal redirect bed
been iyeeede; yet the gessad ea whisk It was sought to
sake this change wee, thee verbal contracts were coadas-
ally repudiated by smell &okra
After Kew coneereadon, la width Mr. Bushey, Mr. Tie.
vets, Mr. Malcoleisca, Led Mr. Hadley took pert, the reee-
laden was adopted aaaaimeady.
Oa the metres of Mr. Kayak., It wee resolved that a
sabseriptiow ebosM be forthwith mitered Into to defray the
seweerstry =pease s.
Thanks were voted to the 'batman, sad Ike mediae thes
wparateL

0 SHIPOWNERS.

Torras] a &parka hos the Stearn Ship.
swan' Aineelatias of Linda bad ea Latvia or with Lord
Nasky of Alderley sad the Right Rea. Robert Lowe, at
the 'kited el Trade, spas the steljset of the liabilitiee of
shipowners. The deputation radeted of Mr. Arthur /A-
dmen (ehara's), Mr. Water, Mr. Rail, Mr. Pratt, Cap.
lain 14aalr, Captain Chappell, R.N., tad Mr. Morgan
(eserstary). The depotatioa wee osonapanied by air ft
Peruses, But, Mr. W.Browa, Mr. Rocafell, and enarrent
ether '.shin of whams; else by mire learatial
✓edraft representing the Weasel of London sad aria-
dal trader Memoriam having bra pareated from Imo
arrow shipping sospeake, •
Mr. Wasson, M.P., Is pripentlag a memorial from the
Hall steam 'hippie, impure, remarked that the Mop
sheet 5 tipplag kr, so for as it related to liability la roses
ato of with great hardship spa the ddgplai
sore ly the steam shippieg Mersa. PAD;
Leal 's Ass shipments mew ands liable to lho
whole sdilb of ask ippegorty kr mar ass weak they
arid not ennrelee the dightri anaoL The Masher
ladylike AM WWI the reeperMilla of shipowners Lash
sawn as meg as he *sr to or las of Ferry serried la
their warn to es ears et the ship sad ibeight, disks
15i. pot lea as • abloom vales is ewes of Nee of life. it
ha, by lie Alta dare, earned the damages payable
la an of dank at , melba thet dm mastery
d• ash die sad then by tie 61ltit dense ower
trellised the pa ase, by kris" the nepresestakee
of sash peaty, If disimildoll with tuck ersilsesey kag,
liberty Is kW 'as ask= naiad She shipowsges,
sad mow any simnel of asnages a jury soy
hid disposal he ow. Menerfalliss set that tree
perkier of the Mirada' Nipple. Ain night
be remellered, sad a mown barred 'inept-
tairsh=tattierdb2l..tut:e.ellitC:aavrbetig 111:rtAkt
ealergal visits lordships a the pang kw eau affected
sitrgainal or Aufasszr, fa reply, ...areal that
the sus* sig......whkit sew sew armed is tartar of
boa lbe Nadia an pleased et, had
slizi:2leitriewQ Of lie papa
Wale lisidara Slap
prffThe Madison @Waft kilos hr Ma
LeiwsmdbabUldw,arse I sewn .1 'diastase, lirl=
the ehlptieser itetad a like aapasatWli iM with alher
inagehow of the seasraity, sad Is halted MI
Übe imbed Ms ship sod frdght. Tits dies*. aped
C hp
the depandea wan snob were raisers a Laird
phi Ast, bit he did ass tldak that sirs had bon
saute sat to/ easabipaag althpowasal ban Its