THE CONTRACT OF PAWN, AS IT EXISTS AT COMMON LAW, BY FRANCIS TURNER, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, LATE HOLDER OF THE EXHIBITION AWARDED BY THE COUNCIL OF LONDON: JACKSON & KEESON, EAGLE COURT, DEAN STREET, STEVENS & SONS, BELL YARD, LINCOLN'S INN. 1866. A CONSIDERABLE time has now elapsed since the publication of any work specially treating of the Contract of Pawn. During the interval several statutes have been passed, and many decisions pronounced, more or less directly bearing upon the subject. These circumstances having been represented to the author as sufficient to justify an attempt to fill a vacant place in the Lawyer's Library, he was induced to undertake the task. In many parts of the work, considerable use has been made of the admirable treatises of Sir William Jones and Mr. Justice Story, on the Law of Bailments, wherein the principles of that law are laid down in terms upon whose clearness and conciseness it would be hopeless to attempt to improve, and which have, in consequence, taken rank among the recognized and authoritative definitions of legal doctrine. When thus availing himself of the labours of others, the author has almost invariably adopted the language in which other and abler writers than himself have expressed their thoughts, and he has never intentionally omitted to acknowledge the source to which he was indebted, or to verify references to authorities cited in support of the propositions quoted. His endeavour has been to produce a book which may be useful to the members of both branches of his own profession, and which may also so deal with every-day questions on this important branch of the law of contracts, that both pawnors and pawnees may be able to consult it with advantantage. 5, Pump Court, Temple, Sept. 1866. FRAS. TURNER. CONTENTS. A Historical Sketch of the Contract of Pawn Sect. 1.-The Contract Defined 40 44 71 9. Of the Statutory liabilities of the Pawnee, and herein of Stolen Property |