Blacks Law Dict. 1st ed

1181

TRADE

TRADITIO

lawful men of the county who would be mainpernors for him, he should deliver him in bail to those twelve, until the next assize. Bract, fol. 123; 1 Reeve, Eng. Law, 252. TRADE. The act or business of exchang ing commodities by barter; or the business of buying and selling for money; traffic; bar ter. Webster. The business which a person has learned and which he carries on for procuring sub sistence, or for profit; occupation, particu larly mechanical employment; distinguished from the liberal arts and learned professions, and from agriculture. Id. Traffic; commerce, exchange of goods for other goods, or for money. All wholesale trade, all buying in order to sell again by wholesale, may be reduced to three sorts: The home trade, the foreign trade of consumption, and the carrying trade. 2 Smith, Wealth Nat. b. 2, c 5. TRADE DOLLAR. A silver coin of the United States, of the weight of four hundred and twenty grains, troy. Rev. St. § 3513. TRADE-MARE. A distinctive mark, motto, device, or emblem,which a manufact urer stamps, prints, or otherwise affixes to the goods he produces, so that they may be identified in the market, and their origin be Touched for. TRADE - MARES REGISTRATION ACT, 1875. This is the statute 38 & 39 Viet. c. 91, amended by the acts of 1876 and 1877. It provides for the establishment of a register of trade-marks under the superin tendence of the commissioners of patents, and for the registration of trade-marks as be longing to particular classes of goods, and for their assignment in connection with the good will of the business in which they are used. Sweet. TRADE-NAME. A trade-name is a name which by user and reputation has acquired the property of indicating that a certain trade or occupation is carried on by a particular V«rson. The name may be that of a per son, place, or thing, or it may be what is called a "fancy name," (i. e.,a name having DO sense as applied to the particular trade,) or word invented for the occasion, and hav ing no sense at all. Seb. Trade-Marks, 37. Sweet. TRADE UNION. A combination or as sociation of men employed in the same trade, (usually a manual or mechanical trade,) unit ed for the purpose of regulating the customs

and standards of their trade, fixing prices or hours of labor, influencing the relations of employer and employed, enlarging or main taining their rights and privileges, and other similar objects. TRADE-UNION ACT. The statute 34 & 35 Viet. c. 31, passed in 1871, for the pur pose of giving legal recognition to trade unions, is known as the "trade-union act," or "trade-union funds protection act." It provides that the members of a trade union shall not be prosecuted for conspiracy merely by reason that the rules of such union are in restraint of trade; and that the agreements of trade unions shall not on that account be void or voidable. Provisions are also made with reference to the registration and regis tered offices of trade unions, and other pur poses connected therewith. Mozley & Whit ley. TRADE USAGE. The usage or customs commonly observed by persons conversant in, or connected with, a particular trade. TRADER. A person engaged in trade; one whose business is to buy and sell merchan dise, or any class of goods, deriving a profit from his dealings. 2 Kent, Comm. 389; 80 N. C. 481. TRADESMAN. In England, a shop keeper; a small shop-keeper. In the United States, a mechanic or arti ficer of any kind, whose livelihood depends upon the labor of his hands. 4 Fa. St. 472. "Primarily the words ' trader' and 'tradesman' mean one who trades, and they have been treated by the courts in many instances as synonymous. But, in their general application and usage, I think they describe different vocations. By 'trades man ' is usually meant a shop-keeper. Such is the definition given the word in Burrill's Law Dic tionary. It is used in this sense by Adam Smith. He says, (Wealth of Nations:) 'A tradesman in London is obliged to hire a whole house in that part of the town where his customers live. His shop is on the ground floor,' etc. Dr. Johnson gives it the same meaning, and quotes Prior and Goldsmith as authorities." 7 Biss. 155. TRADICION. Span. In Spanish law. Delivery. White, New Recop. b. 2, tit. 2, c.9. TRADITIO. Lat. In the civil law. Delivery; transfer of possession; a deriva tive mode of acquiring, by which the owner of a corporeal thing, having the right and the will of aliening it, transfers it for a law ful consideration to the receiver. Heinecc. Elem. lib. 2, tit. 1, § 380.

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