work, with its maps and prints, to each of the following repofitories of learning. The British Museum, Sion College, the Bodleian Library, the public library at Cambridge, the library of the Faculty of Advocates at Edinburgh, the libraries of the four Universities of Scotland, and Trinity College, and the King's Inns libraries in Dublin.

It was determined by the court of King's Bench in the great cafe of Millar v. Taylor, that an exclufive right in authors exifted by the common law. But afterwards in the cafe of Donaldson v. Becket, before the Houfe of Lords, which was finally determined 12th February 1774, it was holden, that no copy-right fubfifts in authors after the expiration of the several terms created by the above statute of Queen Anne. In confequence of this decifion an act was paffed in the following year for enabling the two universities in England, the four univerfities in Scotland, and the colleges of Eton, Westminster, and Winchester, to hold in perpetuity their copy-right in books given or bequeathed to them by authors, or their reprefentatives, upon trust that the profits arifing from the printing or reprinting of fuch books fhall be applied as a fund for the advancement of learning, and other beneficial purposes of education.

If an author or his affignee feeks for penalties under the above ftatute, he will not recover them, unless he has complied with its directions, by entering the title of his work in the books of the Stationers' Company at Stationers' Hall, London, and delivering the copies as in the act directed. But, in any cafe, the court of Chancery will grant an injunction to restrain a piratical publisher from continuing to fell a work purloined from another, and will oblige him to account for the profits, and that, in fome cafes, with cofts,

It has been adjudged that musical publications are within the protection of the ftatute; and the privileges granted to authors are extended to the inventors of prints and engravings, for the term of eight-and-twenty years, by the ftatutes 8 Geo. II. c.13. and 7 Geo. III. c. 38., befides an action for damages, with double cofts, by ftat. 17 Geo. III. c. 57. Also by 38 Geo.III. c. 71. artists employed in making models and cafts of bufts and other figures in alto and baffo relievo, have obtained for themfelves and their affigns the exclufive property for fourteen years of all original models and cafts, which must be marked with the name of the proprietor and the date of their publication.

PATENTS. As the compofers of good books are protected in the enjoyment of their fair profits for a reasonable time, so alfo, they who, by mechanical or other inventions, benefit the community, and facilitate the progrefs of the arts, manufactures, or trade, are allowed the fole privilege of making the things they have invented for the term of fourteen years. The privilege of

granting

granting letters patent to this effect is referved to the king in the ftatute against monopolies, and the obtaining of it is confidered as mere matter of right, not of favour, fince it is never refused on a proper application, and on payment of the fees, which amount to about 100%.

Hence

The patent is granted upon condition that the invention is new, or new in this country; and that the patentee shall deliver a fpecification of his invention, containing such a defcription, plan, or model of the machine or article, as to be intelligible to every artist converfant in the fame trade or manufactory, Or the invention must be fo defcribed that the public may, at the end of fourteen years, have the use of it in as cheap and beneficial a manner as the patentee himself uses it. if the specification be in any part materially false, defective, obfcure, or give directions which tend to mislead the public, the patent is against law and cannot be fupported. The fpecifications are preferved in an office for public infpection; and fome patents, in very valuable manufactures, have been declared void, on account of the defigned obfcurity of the fpecification. In fome extraordinary cafes, parliament has granted to the patentee an additional term, after the expiration of the first fourteen years.

TRADE.

In confidering of the political ftate of the British Empire, its commerce forms a topic of the highest importance. The local pofition of the country, the wife and philofophical views both of its government and people, the cafe, independence and fecurity arifing from experienced fuccefs, and the clamorous envy of rival nations have concurred to point out the trade of the British nation as the furcft fource of its grandeur, fafety, and happiness. A detailed hiftory of the rife and progrefs of trade in Great Britain would occupy a very large fpace, and lead to difcuffions too extenfive for this work. The detached notices intended to be given, and which are selected from various authors, will be found to contain a general outline of the particulars moft effential to be understood, and some account of various circumstances incident to British commerce. In the first place, fome general notions will be ftated, and in fubfequent divifions, the particulars of greatest moment, as refpectively relating to foreign and domestic commerce.

Trade or commerce arifes out of the neceffity or inclination which impels men to defire thofe articles of property which they imagine will conduce to their comfort or happiness, and

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which

which are in the poffeffion of others. To obtain these by force or rapine would be not only a vicious, but a precarious recourfe, and therefore, in all ages, it has been ufual for those who poffeffed a fuperfluity of one commodity, to give it in exchange for the fuperfluity which others poffeffed of fome other commodity. This traffic most probably began in the most grofs and fimple of neceffaries, corn and cattle; but as industry produced greater accumulations of difpofeable effects, and the facility of procuring various objects led to increased defires, the objects of commerce advanced, and manufactured goods, as inftruments of war, articles of cloathing, and pieces of household furniture, were procured from the hands of the industrious by means of barter. In procefs of time, those who could manufacture thefe articles with correctnefs and dexterity, were encouraged to feparate themselves from every other pursuit, and to devote their whole attention to the production of thofe things for which there was an ample demand, and found that by their labour they could procure from the hands of others a fufficiency of all the neceffaries of life. Perpetual barter be coming intricate and tedious, money was invented as an arbitrary fign, to reprefent, by an underflood valuation, the various neceffaries and luxuries, which are the objects of commerce. It was even fo commodious a pofleflion, and fo highly valued in very early ages of the world, that it became the caufe of tranfferring from one poffeffor to another, many things which in a more fimple state of fociety would have been deemed inalienable; not only corn and cattle, but land and dwellings were fold; not only manufactures and labour were the objects of pay and purchase, but for money, the artizan himself, his wife and children, and even whole districts with their inhabitants were procured. Commerce foon aflumed a greater extent and more complicated form; the produce and manufactures of one country were tranfported into others, and man, learning luxury from indulgence, ceafed to be happy, unless he could obtain fome portion of whatever he confidered to be defireable in the productions of every other part of the globe, befide thofe things which grew or were manufactured in that where he inhabited. Trade becoming then the occupation of whole communities, large portions of property, generally called capital, were fet apart for the profecution of it; laws were framed, fome according to recent nceflity, and fome founded on ancient usage, for protecting and regulating it; and a fyftem of mutual confidence, mutual honour, punctuality and regularity prevailed throughout all civilized nations. In Great Britain, commerce has been carried to a greater extent, cultivated with more circumstances of honourable preference, and made productive of a greater

a greater fhate of public glory and general utility than in any other nation recorded in hiftory. The merchants exceed in wealth, and vie in state and patronage with the nobles of other countries; chartered companies wield in their hands the profperity and peace of whole nations, and even at home, private undertakers of commercial projects change the face of nature, level mountains, perforate rocks, turn the course of rivers, convert dry plains into magnificent lakes, and introduce into the receffes of folitude, the din and bustle of traffic and manufacture.

MERCHANTS. The protection of trade was very early a favourite object of the laws of this country. In the time of Athelstan we find a very remarkable law, which fays, that any merchant who has made three voyages upon his own account beyond the British channel, or narrow feas, fhall be intitled to the privilege of a Thane. It feems agreed too, from the fundamental principles of our government, that the king cannot regularly prohibit trade, nor lay a penny impofition on it; but that every man may ufe the fea, and trade with other nations, as freely as he may use the air. But notwithstanding this freedom of trade, it is agreed, that the king may in time of war, and for the public fervice and fafety, lay an embargo on fhips, and employ the fhips of his fubjects in the public service; but this, fays Lord Chief Juftice Holt, ought to be upon great emergencies, and for the public benefit, and not for the private intereft of any perfon or fociety. And as the freedom of trade and merchandize is fupported by the common law, so likewife are there certain cuftoms and privileges annexed thereto by the common law, of which the judges will take notice ex officio. These customs were first established to fupply the want of laws, and afterwards admitted as laws. But the privileges of a merchant are not extended to every one who buys and fells; nor is he from thence to be denominated a merchant, which appellation peculiarly belongs to him who traffics in the way of commerce by importation or exportation; or otherwife in the way of emption, vendition, barter, permutation, or exchange; and who makes it his living to buy and fell, and that by a continued affiduity, or frequent negotiation in the mystery of merchandizing; but thofe, who buy goods to reduce them by their own art or induftry into other forms than formerly they were of, are properly called artificers, not merchants.

ALIEN MERCHANTS. Although by the policy of our conftitution, aliens lie under feveral difabilities, and are denied in many inftances the benefits of our laws; yet are they here, as in most other countries, allowed to trade and merchandize, which privilege is confirmed to them by magna charta, aud

divers acts of parliament. And as foreigners and aliens are allowed to trade amongst us, fo are they allowed to maintain personal actions; because otherwise they would be incapacitated to merchandize: but they cannot maintain any real action, because it is not neceflary that they fhould purchase lands, or fettle amongst us. As to merchant ftrangers, whose prince is at war with the crown of England, if they are found within the realm at the beginning of the war, they may be attached with a privilege and limitation without harm of body or goods, until it be known to the king, how merchants of England are used and entreated in their country, and accordingly they must be used in England, the fame being jus belli; but for merchant ftrangers that come into the realm after war begun, they may be dealt with as open enemies. And no action can be maintained by or in favour of an alien enemy.

FACTORS. AS no one person whofe trade is extensive can tranfact all his own affairs; fo it is neceflary for him to depute another in his place, on whofe ability and honefty he can rely; and fuch person so deputed is called a factor, who is in nature of a fervant, whofe act binds his mafter or principal, fo far as he acts pursuant to the authority given him. If the commiffion be general, as to difpofe, do, and deal therein as if it were your own, the factor is excufed if a lofs happens; but if the commifhon be to fell and difpofe, hereby the factor is not enabled to fell upon tick, nor can he fell for an unreafonable time as ten or twenty years, though there be words as if it guere your own, but he muft fell according to the ufual time, for which credit is given for the commodities he difpofes of.

PARTNERS. Partners are joint-tenants in all the stock and partnership effects; and they are so not only of the particular ftock in being at the time of entering into the partnership, but they continue joint-tenants throughout whatever changes may take place in the courfe of trade; for if it were otherwife, it would be impoffible to carry on partnership trade. Hence affignees under a commiffion of bankrupt against one partner, can only be tenants in common of an undivided share, subject to all the rights of the other partner. And if a creditor of one partner takes out execution against the partnership effects, he can only have the undivided fhare of his debtor; and must take it in the fame manner the debtor himself had it, and subject to the rights of the other partner. So that one partner can have no right against the other, in his capacity of partner, but to what is due to him out of the joint stock, after making all just allowances, let the fluctuations of trade be what they may, The whole of this doctrine seems to arise out of the very principle upon which partnership is founded, namely, probable profit,