Page images
PDF
EPUB
[blocks in formation]

Nor demand or take unauthorised charges for interest, &c....

139, 276, 309, 326

141

141, 276, 309
142, 279, 311, 321-327

Time, whether computed, inclusive or exclusive of day of pawning 139
Semble, should exclude day of pawning
Must deliver pawn to holder of pawn-ticket...
Unless form of declaration applied for
Which pawnee must furnish to applicant
Who must return within three days
When he will have all rights of ticket-holder

...

[ocr errors]

143, 279, 311, 321-327
142, 143, 279, 311, 321-327

142, 143, 279, 311, 321-327

During the said three days, pawnee must not deliver pawn
to ticket holder
142, 279, 311, 321–327
Nor to declarant, if has notice of fraud or falsehood in
declaration ...

142, 279, 311

Should not decide between rival claimants
May be ordered to deliver pawn to real owner, on pawnor's con-
viction for unlawful pawning, or felony
Liable to penalty for refusal to deliver pawn to person entitled

[ocr errors]

Onus of proof of reasonable excuse for non-delivery
Must not take unfinished, &c., goods in pawn
Or may be fined twice amount of loan

142

143, 149, 276, 311

143, 276, 311, 312
lies on him

...

Penalty for this offence, payable to overseers of poor
Premises may be searched under warrant...
Which may be issued on Sunday...

143

146, 279, 313

143, 279, 314

143, 280, 314

144, 148, 314

148

[ocr errors][merged small]

Must produce business books and documents whenever required
by Justices...

But not (except sale book and catalogue) to pawnor
Is insurer of pawn for 25 per cent. more than advance

And may insure to that extent

[ocr errors]

144, 278, 311, 321-326

Insurance money only payable while pawn is redeemable
Liable to pay compensation for damage to pawn by his neglect
Liable for his servants' acts and defaults
Hours of business not now fixed by statute

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

Liable for conversion, to true owner of stolen goods
Unless meanwhile sold in Market Overt

146, 312
147, 192, 260

Criminal Courts may order summary restitution of pawns (other
than negotiable instruments), on conviction for felony or mis-
demeanour under Larceny Act ...

Metropolitan magistrates may make similar orders

Either with or without payment...

147, 259

149

...

149

As to goods charged to have been stolen or fraudulently obtained 149
Even without prosecution, or after acquittal, of defendant
Or if owner cannot be found

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

Justices under Criminal Justice Act may order restitution
Pawnbroker required to seize and detain pawn or pawnor, on
reasonable suspicion

...

Orders of Restitution are usually ofcourse, upon conviction for felony 151
Because property never passed or meant to pass
Whether same rule should apply if goods obtained by fraud, quære

151

151, 261

PAWNEE, STATUTORY LIABILITIES OF (continued),

Semble, not, if property meant to pass by contract, and innocent
purchaser or pawnee will be thereby prejudiced

Rule in Courts of Civil jurisdiction, when contract not timeously
repudiated

PAGE.

151, 261

151, 261

Pawnee liable to penalties for receiving certain public stores,
clothing, &c.

152, 280-284

Pawnbroker's contract formerly void, if statute not observed 153

[blocks in formation]

Circumstances not constituting constructive delivery 32, 34, 35, 85, 97
Test of, is whether pawnor is entitled to return of the same thing 35

[blocks in formation]

Under Pawnbrokers' Act, is the person who delivers the pawn 48, 306
Who must not be under 12
44, 48, 274, 312, 319, et corrigenda

...

Or, in certain places, not under 16...
Penalties for unlawful pawning by...
For false representations by

As a party to the contract, must not be under disability
And in general, must have property in the pawn
Or will not bind the true owner

48, 274, 312

48, 286, 289

48, 286, 313

36, 50, 55
37, 49, 313

39, 49, 242, 261, 276, 313

Unless the pawn be of negotiable instruments 37, 60, 61, 62, 61, 67,

Or within the Factors' Acts
Infant pawnor, not bound...

68, 86, 96, 98, 233
49, 56-69, 329, 342
36, 46, 50

Contract of pawn by, formerly capable of ratification by

writing, at full age

[ocr errors]
[ocr errors]

...

[ocr errors]

...

But not now
Therefore, semble, pawn may be recovered without repayment
But a pledge of negotiable instrument, given at full age, for
debts incurred in infancy, may be good

50

50

51

51

And pledge to secure payment for necessaries

51

...

Fraudulently representing herself as a feme sole, immaterial in

contract

May be, as agent for her husband...

But only for amount advanced, and reasonable interest
Fraudulent representation as to age, immaterial in contract
Married woman, at Common Law, cannot contract as pawnor... 36, 51
Pledge by her, gives no title

[blocks in formation]

36, 52

52
52

Nature and extent of her authority as agent

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

Intoxicated, contract voidable at his election when sober
Lunatic, cannot be in general

May be, under what circumstances

Bankrupt cannot be, of possible surplus

PAGE.

53

53, 54

54

291

36

36

55

...

55

36

Without title to pawn, gives title against himself only

PAWNOR, TITLE AND PROPERTY OF,

Pawnor retains his general ownership of the pawn
But may commit larceny thereof...

70, 234

26

30, 70, 249

Because his right is subject to pawnee's special property therein 70, 234
In this respect, differs from mortgagor
Therefore, on tender of debt due, pawn is reduced into pawnor's
possession

Must have some interest in the pawn
Unless pawn be of negotiable instruments

[blocks in formation]

Or protected by Factors' Acts 13, 14, 38, 49, 56, 60, 64, 66, 71, 96, 98
Mere naked bailment will not suffice even under Factors' Acts ...

Under Factors' Acts,-See FACTORS, PLEDGES by,

64, 65, 71, 291

71

But limited owner may pledge his interest
Even if that interest be a lien, by giving pawnee notice thereof 72, 254
Pawnee may become, to extent of his special property
But, in general, can give no greater title than his own
Retains the jus disponendi

[ocr errors][ocr errors]

Which he may exercise, subject to pawnee's special property
May assign under Judicature Act

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

On pawnor's attainder, Crown takes subject to pawnee's property
After alienation by, pawnee may refuse delivery to
Paw nor may sue pawnee for damage to pawn
Or stranger, for damage or conversion while in pawnee's possession 73,74
But cannot have double satisfaction

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

Except by proof of fraud or eviction by title paramount
Nor even then, if pawn received with notice of conflicting claims
Joint pawnors must concur in demand
Contra, when no notice of joint ownership
Right of redemption incident to

...

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

On discharge of debt, or other obligation
If no time fixed by contract, or notice, may redeem at any time 76, 154

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

For Statute of Limitations does not apply
Therefore may redeem on reasonable demand
Unless circumstances show intent to abandon
Such as long delay, change in value, or evidence of release 77,78
For pawnee is only pawnor's trustee by, and to extent of, contract

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

On tortious breach of such obligation, Statute of Limitations is
no bar

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

But will run from demand and refusal of redemption...
Or receipt of surplus

[ocr errors]

PAWNOR, TITLE AND PROPERTY OF (continued),

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

by married women

[ocr errors]

...

...

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

unless of chattels settled to her separate use, without

restraint on anticipation

or under Married Women's Property Act, 1882
Valid, but voidable, if by intoxicated pawnor
If by person without title, good against him
But in general, not against true owner

...

51

50

51

36, 51, 54

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

33, 37, 49, 86, 104, 146, 242, 246, 259, 279, 313
Contra, when of negotiable instruments, 37, 60, 61, 63, 64, 67, 68, 86,

[blocks in formation]

Or when protected by Factors' Acts
Or, to some extent, by Pawnbrokers' Act
By pawnor, with limited interest, good pro tanto
But invalid against reversioner
Invalid, when against public policy

[ocr errors]

...

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

as for immoral, fraudulent, corrupt, or illegal purposes, 38, 39
for gaming or wagering

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

By insolvent, within certain period, unlawful 46, 201 et seq., 350 f, g, h
But bona fide pawnee protected
46, 201-230, 350 ƒ, g
By foreign government, not enforceable here
47
By persons under certain ages, unlawful

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

Not, as in mortgage, an equitable estate or indulgence only
Is exercisable by pawnor, or those claiming through him
Crown may redeem on pawnor's attainder

216-289

...

154

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

Right of, remains until sale, though pawnor fails to redeem at
contract time ...

...

Reasonable time to redeem implied term of contract ...

REDEMPTION OF PAWN (continued),

Condition of contract making pledge irredeemable after specified
time, said to be of no avail

PAGE

155

By Roman law, such condition a nullity

155

[blocks in formation]

Though bargain to take pawn at fair price on non-redemption, good 156
Same doctrine erroneously attributed to Glanville

156

And not acted upon or noticed in a recent case involving the
same principle

156

[blocks in formation]
[ocr errors]

157, 276, 309

157, 309

Under Pawnbrokers' Act, 1872, by that statute 157, 276, 309, 321—326
But pawnor may redeem before time expired
And after, until sale by pawnee

Save as to pledges up to 10s. under Pawnbrokers' Act, 1872

79, 101, 157, 276, 322
157, 159, 181, 307

Pawnor, or his representatives, may redeem...
Unless right to redeem waived or released for value...
Pawnor may be required to redeem by notice
Or by action

May abandon the pawn

Of which long delay will be evidence

For such delay might make redemption oppressive
Interest after contract time recoverable as damages...
All joint pawnors must claim

[blocks in formation]

74, 159, 237, 246

159

159

160

160, 249

On conflicting claims to redeem, best equitable right prevails.
Therefore affected by notice of fraud or prior charge

Pawnor liable for "just allowances," for keeping and preserving

pawn...

Pawns pledged separately are redeemable separately
Unless by contract or custom

...

160, 249, 250

Banker, by custom, may hold specific securities for general balance 160
Right of, as to negotiable securities, not affected by equities
against pawnor... ... 37, 60, 61, 62, 64, 67, 68, 86, 96, 98, 160,

[blocks in formation]

But not securities bailed for safe custody only
Mortgages not consolidated after equity of redemption assigned 161, 249
Nor when deeds bailed for one of several debts
Nor can grantee of bill of sale tack a prior mortgage
Time for, under Pawnbrokers' Act, 1872, twelve months and
seven days of day of pawning, exclusive of that day 161,309, 322—326
After which pledges up to 10s. not redeemable
Other pledges redeemable till sale ...

161, 309, 322
162, 309, 323–326

162, 308, 321
162, 310

Date of redemption to be entered in pledge book
Title of holder of ticket to redeem presumed.
Pawnbroker an insurer against fire during period for redemption

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

And liable on redemption for damage by neglect
Declarant under act entitled to redeem
Unless Pawnbroker has notice of falsehood or fraud ...
Real owner of goods unlawfully pawned may, on making declara-
tion redeem as pawnor
Redeeming without color of title, an offence under act 163, 286, 313
Person attempting may be detained and given into custody 163, 313
Refusal of redemption by Pawnbroker, an offence 129, 136, 163, 276, 310
Or permitting redemption with view to purchase
Or contracting to purchase redeemable pawn

138, 163, 277, 312
138, 163, 277, 312
163

Redemption only claimable on tender of full sum due...

« EelmineJätka »