LAW MERCHANT. The general body 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 com mon law. 1 Bla. Com. 75. Since, however, its character is not local, nor its obligation confined to a particular district, it cannot with propriety be considered as a custom in the technical sense ; 1 Steph. Com. 54. It is a system of law which does not rest ex clusively on the positive institutions and local customs of any particular country, but consists of certain principles of equity and usages of trade which general convenience and a common sense of justice have estab lished, to regulate the dealings of merchants and mariners in all the commercial coun tries of the civilized world. 3 Kent 2.
These usages, being general and extensive, partake of the character of rules and prin ciples of law, not of matters of fact, as do usages which are local or special. They con stitute a part of the general law of the land, and, being a part of that law, their existence cannot be proved by witnesses, but the judg es are bound to take notice of them ex offi cio; Winch. 24; and this application is not confined to merchants, but extends to all persons concerned in any mercantile transac tion.
In the Middle Ages "the custom of mer chants" meant the actual usage of the Eu ropean commercial world. When it came before the ordinary tribunals, it had to be proved ; but in the 18th century the courts took judicial notice of it. The development
of the law merchant as part of the common law has continued without ceasing. Evi dence of living general usage is still admis sible to add new incidents to its contents, provided they do not contradict any rule already received. Pollock, First Book of Jurispr. 282, citing, as to the last statement, L. R. 10 Ex. 337.
Many of the rules of the law merchant have come into the English law through the Courts of Chancery. Burdick, Law Mer chant, in 3 Sel. Essays in Anglo-Amer. L H. 50.
See Beawes, Lex Mercatoria Rec14/viva; Caines, Lex Mercatoria Americana; Comyns. Dig. Merchant (D); Chitty, Cora. Law; Par dessus, Droit Commercial; Collection des Lois maritimes antdrieure au dim-lnvitieme Sidcle, par Dupin; Capmany, Costumbres Maritimas; Il Consolato del Moire; Us et Coutumes de la Mer; Piantandia, Della ciao risprudenze Maritima Commerciale, Antica e Moderna; Valin, Com'mentaire sur l'Ordon nance de la Marine, du moil d'Aolit, 1681; Boulay-Paty, Droit Comm.; Boucher, Insti tutions au Droit Maritime; Parsons, Marit. Law ; Smith, Mere. Law ; Law Merchant, by Mitchell; Pollock, Expr. of C. L. 117; Early History of Law Merchant in England, in 17 L. Q. R. 232 ; id. 56 ; also, Burdick, Law Merchant, in 3 Sel. Essays in Anglo-Amer. Leg. Hist. 35 ; Holdsworth, in 1 id. 289.