Page images
PDF
EPUB

BANKRUPT LAWS, OPERATION OF (continued),

Nor will high interest or hard bargain

Formerly voluntary payment, in contemplation of Bankruptcy
sufficient

Pledge of all debtors' assets, suspicious

But if not fraudulent, not an act of bankruptcy

[ocr errors]

PAGE.

206

211, 213

205

206

206

206

Good if made and received in good faith, and for present value
Or in pursuance of contract made before insolvency imminent...
But onus in such case very much on pawnee

207, 297

And actual delivery required by Bills of Sale Act, 1878
Not fraudulent, if partly for past, and partly for substantial
present advance

[ocr errors]
[ocr errors]

Or, bona fide, to enable a trader to continue trade
By trader, for past debt only, motive immaterial
Unless in pursuance of valid and absolute contract
Or for substantial present advance...
"Substantial exception" from pawn of debtor's assets
Will prevent such a pawn being an act of bankruptcy
But not a colorable exception

As of small or valueless assets

[ocr errors]

207

207, 208, 209

207, 208

205, 208

209

209

209

209

209

210

Fraudulent preference, pledge amounting to, void as against
trustee

204, 210, 350ƒ, g

205, 210

Fraud, in preference, is fraud on bankrupt laws
Pledge by way of, void as against trustee, if pawnor bankrupt
within three months

210, 350f

As a ground for invalidating contract, is peculiar to law of
bankruptcy

To constitute, debtor must be unable to pay his debts as they
become due, from his own monies

[ocr errors][merged small][merged small]

And made in contemplation of bankruptcy or voluntary liquida-
tion

[ocr errors][merged small]

Contra when consequent on, pressure by creditor

Which must be real, and actually operative on the debtor
Even if other motives concur

[merged small][ocr errors][merged small]
[merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors]

202, 214, 218, 350c

May be explained by antecedent contract or other proof of bona
fides

But onus on pawnee

Fraud must be that of pawnee

Reputed ownership, security lost if left in trader pawnor's

[blocks in formation]
[merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors]
[ocr errors]

214

214, 218, 219
34, 35, 219, 220
...32, 34, 219, 220

...

...

214, 218

[merged small][ocr errors][merged small][merged small]

Custom of trade may rebut presumption of reputed ownership...
Examples of...

So may pawnee's endeavour to obtain possession
Before actual notice of an act of bankruptcy

Onus of proving pawn valid, is on pawnee

[blocks in formation]

Pawnee of valid pawn by bankrupt pawnor may realise it as if

[ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors]

219

221

226

226

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

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
and certain value

223

223

223

224

[ocr errors]

224

[merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small]

225, 293, 297

[merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

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

[ocr errors]

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

[ocr errors]
[ocr errors][merged small]

Formerly could apply proceeds to non-provable, rather than

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors]

68, 227, 330, 333, 339
And prove or set off against factor's estate 69, 227, 330, 333, 339
Pawnee from partners, must exhaust joint, before proving
against separate estates...

And, in cases of part ownership, must credit proceeds accordingly

227

228, 298

Effect of garnishee orders, attachments, &c., as securities
Pawnee must rely on his own title against trustee in bankruptcy
Therefore, first pawnee relinquishing pawn, does not promote his
sub-pawnees

[merged small][ocr errors]

Pawn valid, if to release or redeem a similar security...
Though of post-dated cheque, and bankruptcy intervenes before
due date

[merged small][ocr errors][ocr errors]
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

But creditor accepting composition cannot impeach a secret
pledge in preference of a particular creditor

230

230

230

55

Fresh advance, with notice that previous debt is barred, or
otherwise irrecoverable, does not cure defect

Pawnee of negotiable instruments must produce before proving
But need not give up

[ocr errors]

Pawn by bankrupt, of possible surplus estate, invalid

Pawns by bankrupt to defraud creditors, when criminal 46, 230, 350h
Prosecution for, when ordered

[ocr errors][ocr errors][merged small]
[ocr errors][merged small][merged small][merged small][merged small][ocr errors]

BANKRUPT LAWS, OPERATION OF (continued),

Pawnbroker, subject to bankrupt laws
Though he has ceased to take fresh pledges ...

Discharge under, does not release from penalties on conviction
under Pawnbrokers' Act, 1872

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
True owner of, may redeem as if pawnor

BILLS OF LADING,

May be subject of pledge

If by agent " entrusted," pawnee without notice takes free from
equities

...

49, 60, 61, 62, 64, 67, 68, 87, 96, 98, 233

Transfer of, is delivery of the goods mentioned therein
When two bills of one set, pledged with equal equities, priority

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
And produce any of them to Court, when required by Court of
Summary Jurisdiction

144, 275, 316

But not, except sale book and auctioneer's catalogue, to pawnor

[blocks in formation]

Appeal to Queen's Bench Division on matters of law, upon
Court may compel Justices to state

269

268

Appellant must apply for in writing, within 3 days of decision...
And give notice of, to Justices and respondent

268

268

CERTIORARI,

Convictions or orders under Pawnbrokers' Act not removable by,
for want of form

317

Even at instance of the Crown

317

But certiorari or mandamus lies, when Justices have refused to
hear and determine an application for license certificate in
manner by law required

[merged small][merged small][ocr errors][merged small][merged small]

Pawnbroker entitled to under Act of 1872, when
Upon conviction of pawnor for unlawful pawning
On conviction for stealing goods afterwards pawned 110, 286, 312, 313
Whole or part of loan payable by owner in Court's discretion

108

105, 107, 108, 143, 149, 150, 266, 312, 313
These provisions only apply when pawns are within the Act
On conviction for felony when Pawnbroker aggrieved, payable
up to £100 out of felon's estate

[ocr errors][ocr errors][merged small]

COMPENSATION (continued),

For expenses, trouble, and loss of time in furtherance of justice
by arrest of fraudulent or felonious pawnor, reasonable com-
pensation in Court's discretion

CONSOLIDATION OF SECURITIES,

...

PAGE.

110, 150, 286, 313

Not available to pawnee, without contract to that effect 82, 226, 249
Which may be established by custom or course of dealing
CONVERSION OF PAWN,

83

Pawnee commits, by tortious refusal to deliver on tender of debt
70, 76, 78, 82, 158, 168, 177, 234, 236
Unless pawn made liable, by contract or custom, for other debts 83, 85
Conversion by wrongful alienation or misuser

73, 74, 78, 81, 93, 94, 115, 117, 234

...

[ocr errors]

After which, pawnor could sue in trover or trespass 81, 234, 239
Sub-pledge does not amount to conversion
72, 85
Nor damage or loss of pawn, without pawnee's neglect or default
93, 114, 117, 119-124, 235, 241
Pawnor of stranger commits, by tortiously taking pawn out of
pawnee's possession

.73, 81, 236, 243
Both pawnor and pawnee commit, as against real owner
37, 49, 71, 74, 86, 95, 146, 149, 236
37, 51, 60, 86, 96, 98, 233

But not pawnee of negotiable instruments
Or within Factors' Acts

Or if pawnor has title by Market Overt
Until conviction ...

Statute of Limitations runs from date of

[ocr errors]

56-69, 148
146, 190

...

190

78

None by pawnee without notice, if real owner contracted to sell
pawn to pawnor, though contract induced by fraud 151, 152, 261
By sheriff, levying on pawn for debt of pawnor or pawnee
By landlord, distraining on pawn

[ocr errors]
[ocr errors]

195

197

238, 239, 240

Specific delivery of pawn, sometimes preferable to damages for
conversion

DAMAGES,

D.

Jury may give interest as...

89, 90

Pawnee trustee for pawnor of, if in excess of his property in pawn 74, 81
Liable to pawnor for damage to pawn by his neglect or wilful
default 114, 117–124, 145, 176, 178, 235, 241, 243, 247, 292, 299, 300
Or for special damage, if contemplated by the contract

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Pawnor liable, on breach of warranty of his title to pawn

[ocr errors]

By landlord, sheriff, or stranger, full value

Or of its quality ...

Or for pawn's inherent vice

...

[ocr errors]

...

Pawnee not liable for, on failure of title, without express warranty 189
Recoverable for breach of contract to pledge
Unliquidated, cannot be set off

[merged small][ocr errors][merged small][merged small][merged small][merged small]

Pawn formerly treated as a personal contract
So that on pawnop's death, pawn became irredeemable
And on pawnee's death after sub-pawning, debt must be tendered

[merged small][merged small][merged small][ocr errors][ocr errors][merged small]

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
183

Rights of executors and other representatives recognised by
Pawnbrokers' Act, 1872
182, 265, 276, 277, 307

DECLARATION UNDER PAWNBROKERS' ACT, 1872,

Pawnor or owner of pawn, may be made by 100, 104, 141, 279, 311, 324
When pawn-ticket lost, mislaid, &c. 100, 104, 141, 279, 311, 325

When goods unlawfully pawned, are in Pawnbroker's possession

[blocks in formation]

100, 104, 163, 311, 324
100, 104, 142, 279, 311
100, 142, 279, 327
104, 311, 324

142
104, 324

Must return to Pawnbroker by third business day after application

Delivery of pawn meanwhile, forbidden
When declarant has rights of holder of pawnticket

104, 142,

[merged small][ocr errors][merged small][merged small][merged small]
[merged small][ocr errors][merged small]

162, 163, 279, 311

142, 143, 311
104, 141, 279, 311
give form of

142

108, 109, 266
104, 142, 287

91

And for entire debt, if pawn perishes without pawnee's default 92, 244

[merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][ocr errors]

Against pawnor, after tender of debt and demand of delivery
70, 76, 78, 82, 158, 168, 177, 234, 236, 240
Unless contract entitles detainer for other debts
84, 160, 249
Though pawn lost or stolen, if loss caused by pawnee's default 124, 292
Transferee of pawn by tort of pawnee, liable also
Against pawnee, if pawn tortiously taken by pawnor or stranger

[ocr errors][ocr errors][ocr errors][merged small][merged small]

Against true owner, will be, though pawnee took for value, and
without notice...
37, 49, 71, 74, 86, 95, 146, 149, 242
For pawnee takes pawnor's title
...86, 300
Unless pawn be of negotiable instruments 37, 51, 60, 86, 96, 98, 233, 290
Or within Factors' Acts

[ocr errors][ocr errors][merged small]

Or within certain provisions of the Pawnbrokers' Act, 1872
Or pawned after purchase in Market Overt, and before conviction
of offender

...

146, 190, 191, 262
Or, in Civil Courts, sold under contract, though induced by fraud

[merged small][ocr errors][merged small][merged small]
« EelmineJätka »