on conviction may be enforced by imprisonment, notwithstanding a discharge in bankruptcy (a). Any person aggrieved by any conviction or order under the Pawnbrokers' Act, 1872, or by refusal of a certificate for a licence, may (b) appeal to some court of general or quarter sessions (c) for the county or place in which the cause of appeal has arisen, holden not less than 15 days and (unless by adjournment) not more than four months after the decision appealed from (d). The appellant must give notice to the other party and to the Court appealed from, of his intention to appeal and the ground thereof, within seven days after the cause of appeal has arisen (e), and must also enter into recognisances before a Justice, with two sureties, to try the appeal and pay the costs thereof, giving such security as the Court may require (ƒ), and the Court of Appeal may reverse, confirm or modify the decision appealed from, may send it back for reconsideration, and make such order for costs as may be just (g). In addition to the appeal to Quarter Sessions, a party aggrieved by magisterial decision may appeal to the Queen's Bench Division of the High Court of Justice, (a) Exp. Graves, re Prince, L.R. 3 C.A. 642. See also Middleton v. Chichester, L.R. 6 C.A. 152, 40 L.J. 237 Ch., 24 L.T. N.S. 173, 19 W.R. 299, 369. Hermitage v. Kilpin, L.R. 9 Ex. 205, 43 L.J. 127 Ex. 30, L.T. N.S. 873, 22 W.R. 661. (b) 35 & 36 Vict., cap. 93, sec. 52. (c) In Scotland, to the next circuit court, or if there be none, to the High Court of Justiciary in Edinbro'. 35 & 36 Vict., cap. 93, sec. 56, sub-sec. 7. (d) The Recorder, or Court of Quarter Sessions, has no power to allow an appeal if not made in due time; Liverpool Gas Light Coy. v. Everton, L.R. 6 C.P. 414, 40 L.J. 104 M.C., 23 L.T. N.S. 813, 19 W.R. 412. (e) 35 & 36 Vict., cap. 93, sec. 52, sub-sec. 2. The time runs from the date of the decision-not from the service of the order based thereon; Reg. v. Barnet Sanitary Authority, L.R. 1 Q.B.D. 558, 45 L.J. M.C. 105, 35 L.T. N.S. 362; Tottenham v. Rowell, L.R. 1 Ex.D. 514, 46 L.J. 432 Ex.D., 25 W.R. 135. (f) 35 & 36 Vict., cap. 93, sec. 52, sub-sec. 3. (g) Ibid, sub-sec. 5, upon a case stated for the opinion of the Court (a). Appeals from Quarter Sessions (b), and from Courts of Summary Jurisdiction in Scotland (c), may be brought in the same way. Magistrates may refuse to state a case (d), but when necessary, the Queen's Bench Division will compel them to state one (e). If the respondent's address be not known, and it is therefore impossible to serve him, the Court will hear the case on proof of service on his solicitor or other agent (ƒ). The appellant must apply in writing for a case within three days after the decision, and must transmit it to the Queen's Bench within three days after receiving it. If these conditions be not fulfilled, the Court will decline to hear the case argued, and will strike it out with costs (g), for such conditions, being imposed by statute, cannot be waived (h), unless literal compliance has been rendered impossible by the closing of the offices (i). And notice of appeal must be given to the Court of Summary Jurisdiction, as well as to the respondent (k). (a) Under 20 & 21 Vict., cap. 43. (c) 38 Vict., cap. 62. (b) 38 & 39 Vict., cap. 62. (d) 20 & 21 Vict., cap. 43, sec. 4. (e) Ibid, sec. 5. Re Ellershaw, ex parte Longbottom, L.R. 1 Q.B.D. 481, 45 L.J. 163 M.C. (f) Syred v. Carruthers, 1 E.B. & E. 469. (9) Great Northern & London & North Western Joint Committee v. Inett, L.R. 2 Q.B.D. 284., 46 L.J., 237 M.C., 25 W.R. 584. (h) Peacock v. Reg., 4 C.B. N.S. 264, 27 L.J. 224 C.P. (i) Meyer v. Harding, L.R. 2 Q.B. 410. (k) Curtis v. Buss, L.R. 3 Q.B.D. 13, 47 L.J. 35 M.C., 37 L.T. N.S. 533, 26 W.R. 210. CHAPTER XIX. OF THE EXTINCTION OF THE CONTRACT OF PAWN. The extinguishment of the contract may occur in various ways (a). (1) By the payment of the debt, or the discharge of the other engagements for which the pledge was given. Si dominus solverit pecuniam, pignus quoque perimitur (b). (2) By a satisfaction of the debt, in any other mode, either in fact or by operation of law. Item liberatur pignus, sive solutum est debitum, sive eo nomine satisfactum est (c). (3) By taking a higher or different security for the debt, as a bond or obligation for a promissory note, without any agreement that the pledge shall be retained therefor; which, in Roman law, is called a Novation. But mere change of security will not extinguish the right to the pledge, without the express or implied intention of both parties. Any thing which, by operation of law, extinguishes the debt, extinguishes the right to the pledge also, as judgment for the pledgor in a suit brought by the pledgee for the debt. (4) By the bar by prescription, when from length of time there arises a presumption of the payment or discharge of the debt. But the Statute of Limitations, it (a) Story On Bailments, secs. 359, 360, 361, 362, 363, 364. has been already shown, is not of itself such a bar as would destroy the rights of parties in the pawn and in the sum secured by it. And if the pledgor admits the debt, and brings a bill to redeem, he can do so only on payment of the debt, although the statute might otherwise be pleaded as a bar to it. (5) The right to the pledge is also gone, when the pawn perishes. Sicut re corporali extincta, ita et usufructu extincto, pignue hypothecave perit, is the language of the Roman law (a). And that law held that the contract might be extinguished by any permanent and essential transmutation of the pawn. But by the Common Law it will still be held a pledge, as far as it can be traced, whatever transmutations it may have undergone without the assent of the pledgee (b). (6) By release or waiver by the pledgee. If the pledgee yields up possession of the pledge to the pledgor, or consents that the latter shall alienate it, or pledge it to another person, either of these acts will amount to a waiver of his right to the pledge. Indeed, the whole doctrine of extinguishment is resolvable into the very first elements of justice, and is founded upon the express or implied intention of the parties to extinguish the pledge, or upon a virtual extinguishment by the necessary operation of law. (a) Dig. Lib. 20, tit. 6, 1. 8. Pothier Pand, Lib. 20, tit. 6, n. 12. OFFENCES UNDER THE PAWNBROKERS' ACT, 1872 (a). I.-BY PAWNBROKERS. AS TO THE MANNER OF CONDUCTING BUSINESS. Acting as Pawnbroker without having in force a proper licence for each Pawnbroker's shop kept by the licencee (b). STATUTE.-35 & 36 Vict., cap. 93, secs. 5, 6, 7, and 37. Mode of Enforcing.-By order of a Court of Summary Acting as Pawnbroker without having in force a licence granted in pursuance of the authority of a certificate, granted by magistrates in manner prescribed by the Act. STATUTE.-35 & 36 Vict., cap. 93, secs. 5, 6, 7, 37, 39, 40, 41, 42, 43, 56 (8). PENALTY.-Same as for trading without licence, as a licence granted without a magisterial certificate, where such is required by the Act, is void (sec. 39). Pawn (a) Where not otherwise specifically mentioned, penalties under the Act are to be applied :-When the complainant is the party grieved, one half of the penalty may be paid to him; when he is not the party grieved, no part, or such part only as the Court may think fit. 35 & 36 Vict., cap. 93, sec. 46. (b) If a defendant be summoned for breach of the Revenue laws by not taking out a [dog or other] licence in the early part of a particular day, he should be convicted of the offence, though later in the day he obtained a licence bearing that date. Campbell v. Strangeways, L.R. 3 C.P.D. 105., 47 L.J. 6 M.C., 37 L.T. N.S. 672. |