The Science of Law And Lawmaking, Being An Introduction to Law, a General View of Its Forms And Substance, And a Discussion of the Question of Codification
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C, Leather Cloth Co. vs.
Lorsont, 9 Eq. 845, 353.) 144 THE ENGLISH LAW AS IT IS " It has been suggested by a learned American writer that in its origin the doctrine was founded on a much more obvious and immediate inconvenience than can be now assigned as the consequence of allowing these con- tracts. It dates from the time when a man could not lawfully exercise any trade to which he had not been duly apprenticed and admitted ; so that if he covenanted not to exercise his own trade he practical...ly covenanted to . . . exercise none — in other words, not to earn his living at all. (Parsons on Contracts, II, 255.) One might even go a step farther; for by the statute 5 Eliz.
c. 4 (now wholly repealed by the Conspiracy and Pro- tection of Property Act, 1875, 38 & 39 Vict. c. 86), which consolidated earlier Acts of the same kind, not only the common laborer, but the artificer in any one of various trades, was compellable to serve in his trade if unmarried or under the age of thirty years, and not a forty-shilling freeholder, or copyholder, or 'worth of his own goods the clear value of ten pounds.' An agree- ment by a person within the statute not to exercise his own trade might therefore be deemed, at any rate if unlimited, to amount to an agreement to omit a legal duty — which of course is positively illegal.
What to read after The Science of Law And Lawmaking, Being An Introduction to Law, a General View of Its Forms And Substance, And a Discussion of the Question of Codification?
You can find similar books in the "Read Also" column, or choose other free books by Clarke, R. Floyd (Richard Floyd), 1859-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
C, Leather Cloth Co. vs.
Lorsont, 9 Eq. 845, 353.) 144 THE ENGLISH LAW AS IT IS " It has been suggested by a learned American writer that in its origin the doctrine was founded on a much more obvious and immediate inconvenience than can be now assigned as the consequence of allowing these con- tracts. It dates from the time when a man could not lawfully exercise any trade to which he had not been duly apprenticed and admitted ; so that if he covenanted not to exercise his own trade he practical...ly covenanted to . . . exercise none — in other words, not to earn his living at all. (Parsons on Contracts, II, 255.) One might even go a step farther; for by the statute 5 Eliz.
c. 4 (now wholly repealed by the Conspiracy and Pro- tection of Property Act, 1875, 38 & 39 Vict. c. 86), which consolidated earlier Acts of the same kind, not only the common laborer, but the artificer in any one of various trades, was compellable to serve in his trade if unmarried or under the age of thirty years, and not a forty-shilling freeholder, or copyholder, or 'worth of his own goods the clear value of ten pounds.' An agree- ment by a person within the statute not to exercise his own trade might therefore be deemed, at any rate if unlimited, to amount to an agreement to omit a legal duty — which of course is positively illegal.
What to read after The Science of Law And Lawmaking, Being An Introduction to Law, a General View of Its Forms And Substance, And a Discussion of the Question of Codification?
You can find similar books in the "Read Also" column, or choose other free books by Clarke, R. Floyd (Richard Floyd), 1859-1921 to read onlineMoreLess
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