An Enquiry Into the Law Merchant of the United States, Or, Lex Mercatoria Americana, on Several Heads of Commercial Importance

Front Cover
The Lawbook Exchange, Ltd., 2006 - Law - 648 pages
Reprint of the sole edition. With an appendix of forms. As Horwitz points out in The Transformation of American Law, this is the first American treatise on commercial law (150). Surrency's History of American Law Publishing notes that it was also the first to deal with admiralty law (441). It focused on shipping and maritime commerce, with substantial sections on insurance and bankruptcy. Reflecting the tension that existed between arbitrators and courts of law, Caines insisted that "in what appertains to trade, let it be constantly remembered, that custom alone is law" (220). Caines [1771-1825] was the official reporter of the New York Supreme Court.
 

Contents

Shipping in the Foreign Trade
4
Of Exportation frdm the United States Drawbacks
15
Of Clearances
27
Of Commercial Neutrality
108
Of Masters of Ships
131
Of Bills of Lading
163
Of Masters of Hoys Barges and other Inland Carriers
170
Of Seamen or Mariners
180
Bottomry and Respondent
354
CHAPTER XII
366
Of Factors
388
Of Brokers
419
Of the Possession of Partners their Interest in
427
Of Proceedings by Partnerships
438
Of Bankruptcy
460
Of Shipping of the United States in general
464

Of Freight Charter Party and Demurrage
199
Of Average and Salvage
229
Of Orders for Insurance
263
Of Total Loss
281
Salvage
289
Of Fraud in Policies
301
SeaWorthiness
308
Reassurance
315
Return of Premium
342
Of Persons who may and those who may not
469
Of the Place to or from which the Trade must
489
Of the Debt to support a Commission 5
505
Of the Power of the Commissioners over the Personal
517
Of Property which the Commissioners cannot assign
538
SECTION XIV
556
Of the Equities to which Assignees are liable
574
Of the Bankrupts privilege from arrest his examina
581
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Page 47 - ... If the vessel be double-decked, take the length thereof from the fore part of the main stem, to the after part of the stern post, above the upper deck"; the breadth thereof at the broadest part above the main wales, half of which breadth shall be accounted the depth of such vessel...

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