COMMERCIAL COURT. A court consti tuted of judges of the King's Bench Division. in England, for the trial of commercial eaucs that is, of causes arising out of the ordinary transactions of merchants and traders. such as those relating to the construction of mercantile documents, the export or import of merchandise. a ffreightment, insurance, banking, mercantile agency, and mercantile usages. [t was not estab lished by an act of Parliament, but was devised by the King's Bench Division for the conveni ence of suitors and the more expeditious deter mination of mercantile disputes. While this court has no power to dispense with the ordinary rules of evidence, or to depart from the admin istration of the law in the ordinary way. it is able, with the assistance of parties and counsel, to dispose of commercial disputes with as much promptness as an arbitrator. Commercial cases are tried by this court upon the evidence pre scribed by the orders made in chambers. with out difficulty or delay, and with a great diminu tion of the cost incidental to actions in which the ordinary modes of litigation are followed.
This court is a reminder of the Court Piepou dreux. in which the primitive law merchant (q.v.) of England was administered—time court which Lord Coke declares was "incident to every fair and market, because that for contracts, and injuries done concerning the fair or market, there shall be as speedy justice done for the advancement of trade and traffic as the dust can fall from the feet." The connection of this court with merchants of the staple is disclosed by 27 Ed. 111., c. 2, which declared that it was designed to give courage to merchant strangers to come with their wares into the realm, and that it should dispense justice according to the law of the staple, or the law merchant, and not according to the common law. Courts for the rapid settlement of trade disputes, and called Pypowder courts, were provided for in New York in 109• (vol. i., Col. Laws, eel. 1394). (See COURT.) Consult the article. "Merchants of the Staple," in 17 London Quarterly Review, 50 (London. 1901).