LAW MERCHANT. The general bod3r of commercial usages in matters relative to commerce. Blackstone calls it the custom of merchants, and ranks it under the head of the particular customs of England, which go to make up the great body of the common law. 1 Blackstone, Comm. 75. Since, how ever, its character is not local, nor its obliga tion confined to a particular district, it can not with propriety be considered as a custom in the technical sense. 1 Stephen, Comm. 54. It is a system of law which does not rest exclusively on the positive institutions and local customs of any particular country, but consists of certain principles of equity and usages of trade which general conve nience and a common sense of justice have established, to regulate the dealings of mer chants and mariners in all the commercial countries of the civilized world. 3 Kent, Comm. 2.
These usages, being general and exten sive, partake of the character of rules and principles of law, not of matters of fact, as do usages which are local or special. They
constitute a part of the general law of the land, and, being a part of that law, their ex istence cannot be proved by witnesses, but the judges are bound to take notice of them ex ojficio, Winch, 24; and this application is not confined to merchants, but extends to all persons concerned in any mercantile transao tion. See Beawes, Lex Mercatoria Rediviva; C eines, Lex Mercatoria Americana ; Comyns, Dig. Merchant (D) ; Chitty, Com. Law ; Par dessus, Droit Commercial; Collection des Lois maritimes anterieure au dix-huitieme Siecle, par Dupin ; Capmany, Costumbres Mariti mes ; Consolato del Mare; Us et Coutumes de la Mer ; Piantandia, Della Giurisprudenze Maritima Commerciale, Antica e Moderna; Valin, Commentaire Bur l'Ordonnance de la Marine, du Mois d'Amat, 1681 ; Boulay-Paty, Droit Comm.; Boucher, Institutions au Droit Maritime ; Parsons, Merit. Law.