LICENSE (continued), And to their executors, administrators, assigns, or successors... PAGE. 111, 135, 315 Pawnbrokers subsequently commencing trade, must obtain But every partner's name must appear in, or all contracts will May be cancelled on conviction for fraud in business, or for 132 153 134, 272, 314 If granted by competent authority, not void for irregularity 265 111, 264, 316 So that Pawnbroker acquires no rights thereunder 111, 112, 264, 316 LIEN, Gives right to retain chattels till claim for work done or money Transfer of factors', now valid by statute Was formerly deemed personal only, and therefore not transferable 71 But not, usually, power of sale 49, 62, 72, 96, 227 In this respect, differs from pawn 167 Exception, as to innkeepers, by statute 167 Goods subject to, cannot be taken in execution Nor distrained upon, if on the land for a particular purpose If wrongfully distrained, distrainor liable for full value LIMITATION, Statutes of, do not run against a pawn 76 But after long lapse of time, intent to abandon may be presumed 77,78 Until conviction, whereby purchaser's title divested 190, 261, 262, 301 MARKET OVERT (continued), Elsewhere than in London, market overt only at time and place New market under modern local authority, not market overt No market overt for pawns PAGE. 192 ... 192 192 147, 192 Market overt, since 1 Jac. I., cap. 21, did not change property MONTS DE PIETE, 193, 306, 319 But not for loss or damage without his default Unless delivery previously refused Rules substantially similar in Mosaic, Gentoo, and Roman law And see PAWN,-PAWNOR,-PAWNEE, REMEDIES OF PARTIES. $4445 NEGOTIABLE INSTRUMENTS, May be subject of pledge... 16, 24, 32 Bona fide pawnee without notice, takes, free from equities affecting Or from liability to restitution on pawnor's conviction for crime Trading with license not granted on magisterial certificate, 129, 131-4, 271, 314, 315 Not duly exhibiting table of profits, &c. Taking pawn from person under 12-or, in metropolis, under 16 312 OFFENCES, &c. (continued), Making excessive charges for pawn-ticket PAGE. 139, 275, 309, 326 Failing to give receipt for loan and profit when required by Non-production of books when required by court 136, 275, 325 144, 275, 316 Non-production of auctioneer's sale catalogue on demand within three years, by person entitled due time Or to other person entitled thereto... Or otherwise than by auction 137, 275, 309 redeeming pawnor in 135, 276, 310, 311 276, 310, 311 Or pictures, china, &c., otherwise than as prescribed 277, 307, 310, 312, 316, 327 277-279, 312, 316 Purchasing, or taking in pawn or exchange, another Pawn- 277, 312, 316 277, 312, 316 277, 312, 316 277, 278, 308, 316, 321 Refusing production thereof to pawnor within three years 278, 309, 316 on due application ... Delivering pledge on redemption, damaged by neglect 278, 311, 316 278, 311 Failing to deliver form of declaration to applicant 279, 311, 316, 324, 325 279, 311 Delivering pledge to holder of ticket within three days after Delivering pledge to declarant with notice of fraud or falsehood 279,311 Of stores which court reasonably believes to be property of the OFFENCES, &c. (continued), Selling china, &c., at unauthorized times 285, 309, 316, 327 or with other goods 285, 309, 316, 328 Failing to deliver Pawnbroker a duly filled up and signed sale- Pawning other persons' property without owner's authority 286,313,316 Attempting to redeem without colour of title Making false declaration as to ownership of pawn ... ... 286, 313, 316 pawn-ticket ... ... 287, 313, 316 or identity of claimant OWNER, TRUE, OF PAWN, Rights of, not affected by pledges made without his authority... ... Or in excess of pawnor's limited interest 37, 60, 61, 62, 64, 67, 68, 86, 96, 98, 233, 260 Parties to, must be sui juris, and of capacity to contract And in general, have some property in the pawn Invalid, if purpose immoral, corrupt, illegal, or against public policy ... 28 ... 25, 26, 30, 31 ... 30, 306 25 27 36 36 38-47 3 5 6 7,9 9 ...30, 306 PAWNBROKERS' ACT, 1800 (39 & 40 GEO. 3, CAP. 98), Superseded previous temporary Acts Some of its provisions complex and unworkable PAWNBROKERS' ACT, 1872, Founded upon report of Parliamentary Committee Applies to loans up to £10 only PAGE. 9 11 11 11, 306, 319 11, 48, 308 Certain provisions of, may be excluded by special contract in Makes Pawnbroker a limited insurer of pawn Allows increased rates of profit 11, 308, 310, 325 16, 19, 20 In France and other countries, by Monts de Piété May repledge to extent of his interest as belonging to him ... Therefore, in pleading, pawn must formerly have been described And before Judicature Act, could sue in trover or trespass 70, 80, 291, 293, 294 Pawnee may stand in place of tradesman supplying, when But not if he has, though unknown to pawnee, forbidden pledge 52 May pledge, as agent for her husband Common Law rules greatly modified by modern legislation ...54, 291 |