KFLCC Kingdom Law 2nd Ed.

773

MERCIMONIATUS ANGLLB

MERCANTILE

rarely applied to provisions such as are pur chased day by day, or to such other articles as are required for immediate consumption. See Passaic Mfg. Co. v. Hoffman, 3 Daly (N. Y.) 512; Hein v. O'Connor (Tex. App.) 15 S. W. 414; Elliott v. Swartwout, 10 Pet. 137, 9 L. Ed. 373; Pickett v. State, 60 Ala. 78; The Marine City (D. C.) 6 Fed. 415. —Merchandise marks act, 1862. The stat ute 25 & 26 Vict. c. 88, designed to prevent the fraudulent marking of merchandise and the fraudulent sale of merchandise falsely marked. MERCHANT. A man who traffics or car ries on trade with foreign countries, or who exports and imports goods and sells them by wholesale. Webster. Merchants of this de scription are commonly known by the name of "shipping merchants." A trader; one who, as a business, buys and sells wares and merchandise. See White v. Com., 78 Va. 485; Rosenbaum v. Newbern, 118 N. C. 83, 24 S. E. 1, 32 L. R. A. 123; Gal veston County v. Gorham, 49 Tex. 285; In re Cameron, etc., Ins. Co. (D. C.) 96 Fed. 757; State v. Smith, 5 Humph. (Tenn.) 395; U. S. v. Wong Ah Gah (D. C.) 94 Fed. 832. —Commission merchant. See COMMISSION. —Law merchant. See MEBCANTILE.—Mer chant appraisers. See APPRAISER.—Mer chant seaman. A sailor employed in a pri vate vessel, as distinguished from one employ ed in the navy or public ships. U. S. v. Sulli van (C. C.) 43 Fed. 604; The Ben Flint, 3 Fed. Cas. 184.—Merchant shipping acts* Certain English statutes, beginning with the St. 16 & 17 Vict. c. 131, whereby a general superintendence of merchant shipping is vested in the board of trade —Merchants' accounts. Accounts between merchant and merchant, which must be current, mutual, and unsettled, consisting of debts and credits for merchan dise. Fox v. Fisk, 6 How. (Miss.) 328.—Mer chants, statnte of. The English statute 13 Edw. I. St. 3, repealed by 26 & 27 Vict. c. 125. —Statnte merchant. See STATUTE. MERCHANTABLE. Fit for sale; vend ible in market; of a quality such as will bring the ordinary market price. Riggs v. Armstrong, 23 W. Va. 773; Pacific Coast Elevator Co. v. Bravinder, 14 Wash. 315, 44 Pac. 544. MERCHANTMAN. A ship or vessel em ployed in foreign or domestic commerce or in the merchant service. MERCHET. In feudal law. A fine or composition paid by inferior tenants to the lord for liberty to dispose of their daughters in marriage. Cowell. The same as mar cheta (q. v.) MERCIAMENT. An amerciament, pen alty, or fine, (g. v.) MERCIMONIA. In old writs. Wares. A^ercimonia et merchandizas, wares and mer chandises. Reg. Brev. Append. 10. MERCIMONIATUS ANGLIJE. In old records. The impost of England upon mer chandise. Cowell.

and commerce or the buying and selling of commodities. See In re San Gabriel Sana torium (D. C.) 95 Fed. 273; In re Pacific Coast Warehouse Co. (C. C.) 123 Fed. 750; Graham v. Hendricks, 22 La. Ann. 524. —Mercantile agencies. Establishments which make a business of collecting information relating to the credit, character, responsibility, and reputation of merchants, for the purpose of furnishing the information to subscribers. Brookfield v. Kitchen, 163 Mo. 546, 63 S. W. 825; State v. Morgan, 2 S. D. 32. 48 N. W. 314; Baton, etc., Co. v. Avery, 83 N. Y. 34, 38 Am. Rep. 389; Genesee Sav. Bank v. Mich igan Barge Co., 52 Mich. 164, 17 N. W. 790. —Mercantile law. An expression substan tially equivalent to the law-merchant or com mercial law. It designates the system of rules, customs, and usages generally recognized and adopted by merchants and traders, and which, either in its simplicity or as modified by com mon law or statutes, constitutes the law for the regulation of their transactions and the solution of their controversies —Mercantile law amendment acts. The statutes 19 & 20 Vict. cc. 60, 97, passed mainly for the pur pose of assimilating the mercantile law of Eng land, Scotland, and Ireland.—Mercantile paper. Commercial paper; such negotiable paper (bills, notes, checks, etc.) as is made or transferred by and between merchants or trad ers, and is governed by the usages of the busi ness world and the law-merchant.—Mercantile partnership. One which habitually buys and sells; one which buys for the purpose of after wards selling. Com. v. Natural Gas Co., 32 Pittsb. Leg. J. (O. S.) 310. MERCAT. A market. An old form of the latter word common in Scotch law, form ed from the Latin "mercatum."

MERC ATIVE. Belonging to trade.

MERCATUM. Lat. A market. A con tract of sale. Supplies for an army, (com meatus.)

MERCATURE. The practice of buying and selling.

MERCEDARY. A hirer; one that hires.

MERCEN-LAGE. The law of the Mer cians. One of the three principal systems of laws which prevailed in England about the beginning of the eleventh century. It was observed In many of the midland counties, and those 'bordering on the principality of Wales. 1 Bl. Comm. 65. MERCENARIUS. A hireling or servant. Jacob. MERCES. Lat. In the civil law. Re ward of labor in money or other things. As distinguished from "pensio," it means the rent of farms, (prcedia rustici.) Calvin. MERCHANDISE. All commodities which merchants usually buy and sell, whether at wholesale or retail; wares and commodities such as are ordinarily the objects of trade and commerce. But the term is never un derstood as including real estate, and is