Nor demand or take unauthorised charges for interest, &c.... 139, 276, 309, 326 141 141, 276, 309 Time, whether computed, inclusive or exclusive of day of pawning 139 ... 143, 279, 311, 321-327 142, 143, 279, 311, 321-327 During the said three days, pawnee must not deliver pawn 142, 279, 311 Should not decide between rival claimants Onus of proof of reasonable excuse for non-delivery 142 143, 149, 276, 311 143, 276, 311, 312 ... Penalty for this offence, payable to overseers of poor 143 146, 279, 313 143, 279, 314 143, 280, 314 144, 148, 314 148 Must produce business books and documents whenever required But not (except sale book and catalogue) to pawnor And may insure to that extent 144, 278, 311, 321-326 Insurance money only payable while pawn is redeemable Liable for conversion, to true owner of stolen goods 146, 312 Criminal Courts may order summary restitution of pawns (other 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 Justices under Criminal Justice Act may order restitution ... Orders of Restitution are usually ofcourse, upon conviction for felony 151 151 151, 261 PAWNEE, STATUTORY LIABILITIES OF (continued), Semble, not, if property meant to pass by contract, and innocent Rule in Courts of Civil jurisdiction, when contract not timeously PAGE. 151, 261 151, 261 Pawnee liable to penalties for receiving certain public stores, 152, 280-284 Pawnbroker's contract formerly void, if statute not observed 153 Circumstances not constituting constructive delivery 32, 34, 35, 85, 97 Under Pawnbrokers' Act, is the person who delivers the pawn 48, 306 ... Or, in certain places, not under 16... As a party to the contract, must not be under disability 48, 274, 312 48, 286, 289 48, 286, 313 36, 50, 55 39, 49, 242, 261, 276, 313 Unless the pawn be of negotiable instruments 37, 60, 61, 62, 61, 67, Or within the Factors' Acts 68, 86, 96, 98, 233 Contract of pawn by, formerly capable of ratification by writing, at full age ... ... But not now 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 36, 52 52 Nature and extent of her authority as agent Intoxicated, contract voidable at his election when sober 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 70, 234 26 30, 70, 249 Because his right is subject to pawnee's special property therein 70, 234 Must have some interest in the pawn Or protected by Factors' Acts 13, 14, 38, 49, 56, 60, 64, 66, 71, 96, 98 Under Factors' Acts,-See FACTORS, PLEDGES by, 64, 65, 71, 291 71 But limited owner may pledge his interest Which he may exercise, subject to pawnee's special property On pawnor's attainder, Crown takes subject to pawnee's property Except by proof of fraud or eviction by title paramount ... On discharge of debt, or other obligation For Statute of Limitations does not apply On tortious breach of such obligation, Statute of Limitations is But will run from demand and refusal of redemption... PAWNOR, TITLE AND PROPERTY OF (continued), by married women ... ... unless of chattels settled to her separate use, without restraint on anticipation or under Married Women's Property Act, 1882 ... 51 50 51 36, 51, 54 33, 37, 49, 86, 104, 146, 242, 246, 259, 279, 313 Or when protected by Factors' Acts ... as for immoral, fraudulent, corrupt, or illegal purposes, 38, 39 By insolvent, within certain period, unlawful 46, 201 et seq., 350 f, g, h Not, as in mortgage, an equitable estate or indulgence only 216-289 ... 154 Right of, remains until sale, though pawnor fails to redeem at ... Reasonable time to redeem implied term of contract ... REDEMPTION OF PAWN (continued), Condition of contract making pledge irredeemable after specified PAGE 155 By Roman law, such condition a nullity 155 Though bargain to take pawn at fair price on non-redemption, good 156 156 And not acted upon or noticed in a recent case involving the 156 157, 276, 309 157, 309 Under Pawnbrokers' Act, 1872, by that statute 157, 276, 309, 321—326 Save as to pledges up to 10s. under Pawnbrokers' Act, 1872 79, 101, 157, 276, 322 Pawnor, or his representatives, may redeem... May abandon the pawn Of which long delay will be evidence For such delay might make redemption oppressive 74, 159, 237, 246 159 159 160 160, 249 On conflicting claims to redeem, best equitable right prevails. Pawnor liable for "just allowances," for keeping and preserving pawn... Pawns pledged separately are redeemable separately ... 160, 249, 250 Banker, by custom, may hold specific securities for general balance 160 But not securities bailed for safe custody only 161, 309, 322 162, 308, 321 Date of redemption to be entered in pledge book And liable on redemption for damage by neglect 138, 163, 277, 312 Redemption only claimable on tender of full sum due... |