TRADE, LIBERTY TO, is one of the rights incident to all persons by the law of Eng land. So absolute is this right that it is considered by courts of law to be an illegal and void covenant when a person, however deliberately, engages never to trade, for it is against public policy to support it. In the sale of the good-will of a business, such cov enant's arc sometimes resorted to. in order to prevent the party selling a business from setting up immediately afterward the same business, and so defeating the object of the transaction. Accordingly, in all such cases, the courts have arrived at the following result: If a person engage absolutely not to carry on a particular business anywhere, his engagement is void, and not binding; but it is competent for him to engage not to carry on a particular trade within a certain specified reasonable distance—as 20 or 30 in.—from a certain point, the reasonableness being estimated according to the nature of the trade and locality. If this engagement were not legal it would be impossible to negotiate the sale of the good-will of a business. Subject to the above restriction, any person may carry on trade in any locality he pleases. But in the case of an alien enemy, a license of the crown is necessary to enable a subject to carry on trade with him. It was also anciently a maxim, now obsolete, that none of the king's subjects could lawfully trade with a nation of infidels without the king's leave, because of the danger of relinquishing Christianity, Though, at common law, every man is free to carry on what trade he pleases, still there are a great variety of lawful trades which are subjected to certain restrictions, either ostensibly for purposes of revenue, or for the purpose of protecting the public from certain evils attending such trades. Thus attorneys, publicans, manu facturers of cotton, etc., chimney-sweepers, and many miscellaneous employments, are
subject to various restrictions. Formerly. also, the liberty to trade was considerably impeded by the ancient corporations and guilds; and it was a practice for these guilds to impose certain conditions on all persons who sought to trade in lance towns; otherwise they were excluded from certain commercial as well as political privileges. As the by laws, which were the instruments of creating these restrictions, were often authorized by charter of the crown, or grew up by ancient use and custom, then in harmony with the sph it of the age, the courts had a difficulty in treating them as illegal. But by the municipal corporations net which passed for England in 1833 (5 and 6 Will. iv. c. 7(4), these restrictions were abolished That act recited that, in divers cities, towns, and bo• oughs, a certain custom had prevailed, and by-laws had been made that no person, not being free of a city, town, or borough, or of certain guilds, mysteries, or trading compa nies, should keep any shop, or place for putting to show or sale any wares or merchan dise for hire, gain, or sale; and it enacted that henceforth, notwithstanding such customs or by-laws, every person in any borough might keep any shop for the sale of all lawful wares and merchandise by wholesale or retail, and use every lawful trade, occupation, mystery, and handicraft for hire, gain, sale, or otherwise within any borough. The city oe London, however, was excepted from that act, and some of these old restrictions still flourish there. The law in Scotland and Ireland was also altered at the same time. The repeal of the navigation laws (q.v.) has also removed many restrictions on those who traded with ships.