their best to suppress the slave-traffic
The European governments that had possessions in Africa were all doing
their best to suppress the slave-traffic. But they could not take very
salutary steps in this direction without exercising authority beyond
the territorial limits they were supposed to occupy. Gradually, for
these reasons, and also for the reason that they were all anxious to
extend their commercial dealings in Africa, they began to exercise
authority beyond their old-time territorial limits. In this way began
the establishment on the part of European nations of what are known as
’spheres of influence’ in Africa. At first England and France were the
only nations that were at all active in establishing these spheres of
influence. Later on Germany and Italy and other nations began to
establish them also. Beginning, therefore, with the years 1883 and
1884 there has been a general establishment and gradual extension of
these spheres until now the whole continent has been practically
parcelled out among a few European powers.
There is another clause relating to the sale of ordinary merchandise.
The law says that _contracts for ordinary merchandise must be in
writing if the amount is over_ $50. In some States the amount is $35.
Long ago it was decided that this statute did not relate to contracts
for work, and they therefore must be carried out or fulfilled in the
same manner as though no statute existed, _for work is not
merchandise_.
and the transportation company
The parties to a bill of lading are three–the shipper, the consignee,
and the transportation company. The declaration of having received the
goods in good order and condition, and the consequent obligation,
subsequently expressed, of delivering them in like good order and
condition, is sensibly lessened in its importance by the additional
clause now adopted by almost all transportation companies–namely:
‘Contents and condition of contents of packages unknown.’ Should the
goods or part of them be shipped in a damaged condition, or in a bad
condition of packing, a note to that effect should be made by the
transportation company on the bill of lading, which ceases then to be
a _clean bill of lading_.
Another case may be briefly mentioned. A offered to sell B his farm
for $1000. B offered $950, which offer was declined. Then B offered
to pay $1000. By that time A had changed his mind and declined to
accept B”s offer. Then B sued to get the farm, offering to pay the
money; but the court held that B had declined A”s offer and
consequently that, as A had not made any other offer, there was no
contract.
Commercial law relates to CONTRACTS. These are made by almost every
one. A person cannot ride in a street-car without making a contract
with the company for carrying him. If he goes into a store and buys a
cigar, a stick of candy, or a tin whistle, he has made a contract with
the man behind the counter, who owns the store or is his salesman.
Tramps and thieves are about the only persons who live without making
contracts. In that respect they are like the birds of the air, getting
whatever they desire whenever the chance is seen.
after receiving it
_First of all, a person ought to present his cheque for payment soon
after receiving it._ Some people are quite negligent in this matter
and carry cheques around in their pocket-books for several days before
presenting them for payment. It may not be convenient to take them to
a bank, and so they are carried around; perhaps their owners forget
they have them. They ought not to do so, for the reason that the maker
of a cheque really says to the holder: ‘This is an order that I give
to you on my bank for the money mentioned. If you go at once you can
get payment, but I do not promise to keep it there always for
you–only for a short time.’ Now if a person is willing to accept a
cheque at all, he ought to present it within the time the holder
intended, and if he does not and the bank fails, the loss falls on the
holder and not on the maker.
banking house upon a London banking house and payable to the order of
the firm buying the draft
The second form shows a bill of exchange drawn by a Philadelphia
banking house upon a London banking house and payable to the order of
the firm buying the draft. C. H. Bannerman & Co. will send this bill
(the original) to pay an account in Europe. The first form bears the
same relation to a commercial draft that the second does to a
cashier”s cheque.
for a period to dishonour them, the banks through which the drafts
pass naturally conclude that he is unable to meet his liabilities
If a business man who has been accustomed to honour drafts continues
for a period to dishonour them, the banks through which the drafts
pass naturally conclude that he is unable to meet his liabilities.
of a contract like a man
MARRIED WOMEN are another class of persons who cannot make every kind
of a contract like a man. Once a married woman had but very little
power to make contracts. However great might have been her wealth
before marriage, as soon as she entered into this blissful state the
law kindly relieved her of all except her real estate, giving it to
her husband. On the other hand, he was obliged to pay her bills,
which was one of his great pleasures, especially if she was a constant
traveller to the silk and diamond stores. She could still keep her
real estate in her own name, but that was about all. Her husband took
everything else; he could claim her pocket-book, if he pleased, and
was obliged to support her in sickness or health, in sweetness or in
any other ‘ness.’
paper is called A POWER OF ATTORNEY
The authority of a special agent is often stated in writing, and the
paper is called A POWER OF ATTORNEY. _In selling land an agent should
always have such a power_, because a good title to land can only be
given in writing, and this power of attorney should be copied in the
records kept for this purpose with the deed itself to show by what
authority the agent acted in selling the land. Every now and then when
a person buys a piece of land and examines the title to find out
whether it is perfect or not, he discovers that somewhere in the chain
of title a deed was made by the agent of the seller instead of the
seller himself, and the buyer had forgotten to put the power of
attorney on record with his deed. The omission to do this is often
serious. It is in truth just as important for an agent to have a
proper power of attorney in such a case as to give a proper deed for
his principal, and the one paper should be recorded quite as much as
the other, as both are parts of the same story.