BANKRUPT LAWS, OPERATION OF (continued), Nor will high interest or hard bargain Formerly voluntary payment, in contemplation of Bankruptcy Pledge of all debtors' assets, suspicious But if not fraudulent, not an act of bankruptcy PAGE. 206 211, 213 205 206 206 206 Good if made and received in good faith, and for present value 207, 297 And actual delivery required by Bills of Sale Act, 1878 Or, bona fide, to enable a trader to continue trade As of small or valueless assets 207 207, 208, 209 207, 208 205, 208 209 209 209 209 209 210 Fraudulent preference, pledge amounting to, void as against 204, 210, 350ƒ, g 205, 210 Fraud, in preference, is fraud on bankrupt laws 210, 350f As a ground for invalidating contract, is peculiar to law of To constitute, debtor must be unable to pay his debts as they And made in contemplation of bankruptcy or voluntary liquida- Contra when consequent on, pressure by creditor Which must be real, and actually operative on the debtor 202, 214, 218, 350c May be explained by antecedent contract or other proof of bona But onus on pawnee Fraud must be that of pawnee Reputed ownership, security lost if left in trader pawnor's 214 214, 218, 219 ... ... 214, 218 Custom of trade may rebut presumption of reputed ownership... So may pawnee's endeavour to obtain possession Onus of proving pawn valid, is on pawnee Pawnee of valid pawn by bankrupt pawnor may realise it as if 219 221 226 226 And sell, by sanction of court or consent of trustee May charge interest, if sale delayed at trustee's request Application of proceeds Court sometimes sets value on security But rarely, unless pawnee willing to take bills, &c., at maximum 223 223 223 224 224 225, 293, 297 Valuation conclusive against pawnee in Bankruptcy and in Chancery Trustee or compounding debtor may adopt, but not bound by May redeem at pawnee's valuation Or require sale Which pawnee may attend But can only purchase at, by Court's leave Court may fix reserve or open biddings Surplus on sale belongs to trustee Pawnee cannot usually tack or consolidate But may by express contract Formerly could apply proceeds to non-provable, rather than 68, 227, 330, 333, 339 And, in cases of part ownership, must credit proceeds accordingly 227 228, 298 Effect of garnishee orders, attachments, &c., as securities Pawn valid, if to release or redeem a similar security... But creditor accepting composition cannot impeach a secret 230 230 230 55 Fresh advance, with notice that previous debt is barred, or Pawnee of negotiable instruments must produce before proving Pawn by bankrupt, of possible surplus estate, invalid Pawns by bankrupt to defraud creditors, when criminal 46, 230, 350h BANKRUPT LAWS, OPERATION OF (continued), Pawnbroker, subject to bankrupt laws Discharge under, does not release from penalties on conviction Which may be enforced by imprisonment after discharge BILL OF EXCHANGE, May be subject of pledge ... Bona fide pawnee takes, free from equities affecting Unless altered after issue... PAGE. 230 230 267 267 16, 24, 33, 38 ... 37, 51, 60, 86, 96, 98, 233 38 260 68, 96 24, 299 Not subject to restitution, if pawnor convicted of crime BILLS OF LADING, May be subject of pledge If by agent " entrusted," pawnee without notice takes free from ... 49, 60, 61, 62, 64, 67, 68, 87, 96, 98, 233 Transfer of, is delivery of the goods mentioned therein of presentation gives better title... True owner may redeem, as if pawnor Not subject to restitution on pawnor's conviction BOOKS AND DOCUMENTS, 32, 220 299 68, 96, 227 260 Pawnbroker must keep 9, 11, 136, 162, 273, 274, 277, 279, 308, 321-326 144, 275, 316 But not, except sale book and auctioneer's catalogue, to pawnor Appeal to Queen's Bench Division on matters of law, upon 269 268 Appellant must apply for in writing, within 3 days of decision... 268 268 CERTIORARI, Convictions or orders under Pawnbrokers' Act not removable by, 317 Even at instance of the Crown 317 But certiorari or mandamus lies, when Justices have refused to Pawnbroker entitled to under Act of 1872, when 108 105, 107, 108, 143, 149, 150, 266, 312, 313 COMPENSATION (continued), For expenses, trouble, and loss of time in furtherance of justice CONSOLIDATION OF SECURITIES, ... PAGE. 110, 150, 286, 313 Not available to pawnee, without contract to that effect 82, 226, 249 83 Pawnee commits, by tortious refusal to deliver on tender of debt 73, 74, 78, 81, 93, 94, 115, 117, 234 ... After which, pawnor could sue in trover or trespass 81, 234, 239 .73, 81, 236, 243 But not pawnee of negotiable instruments Or if pawnor has title by Market Overt Statute of Limitations runs from date of 56-69, 148 ... 190 78 None by pawnee without notice, if real owner contracted to sell 195 197 238, 239, 240 Specific delivery of pawn, sometimes preferable to damages for DAMAGES, D. Jury may give interest as... 89, 90 Pawnee trustee for pawnor of, if in excess of his property in pawn 74, 81 Pawnor liable, on breach of warranty of his title to pawn By landlord, sheriff, or stranger, full value Or of its quality ... Or for pawn's inherent vice ... ... Pawnee not liable for, on failure of title, without express warranty 189 Pawn formerly treated as a personal contract DEATH OF PAWNOR OR PAWNEE, EFFECT OF (continued), These decisions not now law Pawnor's representatives may redeem Or sue, or be sued in that capacity, on the contract PAGE. 181 181, 246, 307 182, 246, 307 Pawnee's representatives have all his rights to the pawn and on the contract And can bind estate by pledge of chattels 182, 307 Rights of executors and other representatives recognised by DECLARATION UNDER PAWNBROKERS' ACT, 1872, Pawnor or owner of pawn, may be made by 100, 104, 141, 279, 311, 324 When goods unlawfully pawned, are in Pawnbroker's possession 100, 104, 163, 311, 324 142 Must return to Pawnbroker by third business day after application Delivery of pawn meanwhile, forbidden 104, 142, 162, 163, 279, 311 142, 143, 311 142 108, 109, 266 91 And for entire debt, if pawn perishes without pawnee's default 92, 244 Against pawnor, after tender of debt and demand of delivery Against true owner, will be, though pawnee took for value, and Or within certain provisions of the Pawnbrokers' Act, 1872 ... 146, 190, 191, 262 |