The Otago Daily Times. FRIDAY, SEPTEMBER 24, 1880.

Otago Daily Times, Issue 5803, 24 September 1880, Page 2

The Otago Daily Times. FRIDAY, SEPTEMBER 24, 1880.

"The Mercantile Law Act, 1880,"is one of the most important statutes of those compiled by the Statutes Revision Coiumission. TJnder this title have been grouped 11 Acts relating to trade and commerce, which are therefore repealed, the subject-matter being to all intents and purposes re-enacted, and the principles of the pre-existing legislation in all cases preserved. The Acta thus consolidated are " The Mercantile Law Amendment Act, 1860," " The Mercan-

tile Law Further Amendment Act, 1878," " The Advances to Agents Act, 1861," so much of "The English Act* Act, 1856," as extends to the Colony the Act of the Imperial Parliament, 18 and 19 Vict., cap. 3; " The Carriers Act, 1866," " The Delivery of Goods and

Lien for Freight Act, 1869," "The Interest on Money Act, 1868," "The. Partnership Law Amendment Act, 1868," " The Special Partnership Act, 1858," "The Restriction on Marine Re-assurance Removal Act, 1869," and " The Warehoused Goods Act, 1876." The various subjects have been arranged alphabetically in the new statute, thus affording great facility for reference, and the same excellent work may be observed throughout which distinguishes the other labours of the Commissioners. We may note especially the intelligent system of arrangement whereby long-winded sentences and complicated paragraphs are avoided, and the sections adapted from the consolidated Acts are broken up into ehort clauses. Presuming that the mercantile community, who are the persons chiefly interested in the main body of the Act, are sufficiently acquainted with the law, we shall not attempt anything in the shape of. a precis, but confine ourselves to noting important points here and there, and especially referring to any alterations made or new matter introduced by the Commission. In the construction of the sections of the Act which refer to " advances to agents " it is defined by an interpretation clause that " document of title " ehall mean and include any bill of lading, dock warrant, ware-house-keeper's certificate, warrant or order for the delivery of goods, or any other document used in the ordinary course of business, as proof of the possession or control of goods for authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented. So far the interpretation clause of the original Act is followed, but the Com. missioners have done what appeared to be very necessary, and have defined the word " goods," which haa rather a wide signification ordinarily, to mean and include " wares and merchandise of every kind." Under the heading " carriers " the law is, as we have already noted, re-enacted, but is stated in a much clearer and more intelligible manner. As this is a matter of interest to the general public, we may briefly state the principal provisions. Every " common carrier," by sea or land—a term which our readers are aware includes railways and steamboats—is liable for loss of or injury done to any animals or " articles, goods, and things" in the receiving, forwarding, or delivery thereof occasioned by neglect or default either of the carrier or his servants, notwithstanding "any notice, condition, declaration, or contract given, made, or entered into by such carrier contrary thereto or in anywise limiting such liability." Special contracts may, however, be made under exceptional circumstances, subject to the judgment of the Court, in the event of an action at law, that the conditions are just and reasonable. Such contracts must always be in writing. No greater damages can be recovered for loss or injury to any animals beyond the following sums: —For any horse, £50 ; neat cattle, per : head, .£ls ; sheep or pigs, per head, £2 —unless the person sending or delivering the same to any carrier shall at the time declare them to be respectively of higher value, in which case the carrier is authorised to receive, by way of compensation for the increased risk and care thereby occasioned, a reasonable percentage upon the excess of the value so declared, to be paid in addition to the ordinary rate of charge. The proof of value is in all cases to lie upon the person claiming compensation. It will be noticed by those familiar with the old Carriers Act that the very curious blunder which occurred in the compensation clauses, whereby the word " company" stood in the place of " carrier," has been amended. The Act was adapted from an Imperial Act— " The Railway and Canal Traflic Act, 1854"—.which accounts for the mistake. " Interest on money" is disposed of in three short clauses, and here there is some variation in the language used in " The Interest on Money Act, 1868"; but the new matter certainly seems to make the law clearer. The English usury laws are declared not to be in force, and there is no limit to the amount of interest which any person may lawfully contract to pay; and it is enacted—arid here comes in the slight variation referred to—that in all cases where interest for the loan of money or upon any other contract may be lawfully recovered or allowed in any action, suit, or other proceeding, but where the rate of interest has not been previously agreed upon, " the party entitled to interest shall not be allowed to recover or receive above the rate of £8 for the interest of £100 for a year." " The Partnership Law Amendment Act, 1866," and "The Special Partnership Act, 1858," are simply re-enacted so far as everything material is concerned; but with regard to special partnerships an additional provision is inserted, which the Commissioners thought to be necessary iv order to clear up an uncertainty in the original Act. It was therein provided that no special partnership should be deemed to have been formed unless the " certificate " required to be executed had been acknowledged by each partner before some Justice of the Peace, and " registered in the office of the Supreme Court." The new Act is more explicit, enacting that "every such certificate shall be so registered at the Supreme Court office at or nearest to the principal or only place of business at which the business of the partnership is to be transacted." There are a (ew other alterations in the special partnership sections ; for instance, the word "special" is retained throughout, whilst in the Act of 1858 the word "limited" is used as if it were synonymous, which it is not. Under the heading "specific delivery of goods"—a subject previously to the passing of this Act provided for in "The Delivery of Goods and Lien for Freight Act, 1869," —an interpretation of the term "the jury" is given to the effect that it shall include cases '■' where the functions of the jury are exercised by a Court or the Judge thereof, and in any such case the Court or Judge shall have all the func-' tions by this Act given to a jury"— namely, to decide if the plaintiff in any action is entitled to recover, and, if so, to assess damages. As the Act embraces proceedings in " any court of I record," District Courts are included, where juries frequently do not sit. The new provision, therefore, covers any difficulty that might arise in any case where a cause is tried without a jury.

In the general sketch given of the new Mercantile Law Act we Have, -we think, directed attention to all the particulars in which the Statutes Revision Commission have amended the pre-

existing law. It only remains to observe that whilst the Acts whose titles are recited at the commencement of this article are absolutely repealed, such repeal does not affect " the validity or invalidity, effect, or consequences of anything already done or suffered, or any existing contract, agreement, or instrument, or any right or title already acquired or accrued, or any remedy or proceeding in respect of anything herein mentioned."