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APPENDIX X.
Codification of Commercial Law.
At their Conference at Hobart in February last the Australian Premiers, having been invited to take into consideration certain suggestions for the codification of the commer- cial law of the United Kingdom and all Colonies, passed the following resolution :-
"That, in the opinion of this Conference, the best course to adopt is to deal with each subject of commercial law by separate Bill, as this will expedite the work, and enable the Colonies to adopt the portions of the code as passed, with such modifications as the circumstances of the different Colonies may require."
These conclusions are in complete accordance with the results of English experience. Parliament will not entertain large schemes of general codification, but is disposed to give a favourable consideration to measures for codification of special branches of the commercial law, if carefully prepared, and effectively supported by mercantile opinion.
Three measures of this kind have already been passed-the Partnership Act drawn by Sir Frederick Pollock, and the Bills of Exchange Act and the Sale of Goods Act, both drawn by Mr. Chalmers, now legal member of the Council of the Governor-General of India. Several of the British Colonies have shown their appreciation of these measures A fourth measure, for codifying the law by incorporating them in their statute books.
of marine insurance, also drafted by Mr. Chalmers, is now before Parliament, and there is reasonable prospect of its becoming law at an early date.
If these measures were supplemented by others relating to such subjects as agency, guarantee, bailment, carriers, and the general principles of contract, they would consti- tute materials for a commercial code suitable to the requirements both of the United Kingdom and of the different Colonies.
Such a code would be of great advantage, both to the British Empire as a whole, and to its several parts. It would tend to make the legal rules by which Englishmen are guided in their commercial transactions more simple and more uniform, and would be of especial value in the less highly organised colonies.
English commercial law is more comprehensive and elastic in its principles than the commercial law of any other country. But it has to be sought for in a multitude of undigested text-books, statutes, and reports.
If its leading principles could be disentangled, and presented in a simple and harmonious form, it might play the same part in the future of the world as Roman law has played in the past. Such a result could only be achieved gradually, by means of Its achievement would involve much labour and much cautious and tentative efforts. knowledge of the conditions under which legislation is possible, both in the United But the magnitude of the work is no sufficient reason for Kingdom and the Colonies.
its indefinite postponement.
If the leading representatives of the Colonies were to express their sense of the im- portance of the task from the Imperial and colonial point of view, and could see their way to practical and effective co-operation, they would give material aid towards the accomplishment of a work which would both symbolise and strengthen the unity of the British Empire.
June 21, 1897.
H. JENKYNS. C. P. ILBERT.
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