PLEDGE-continued. fraudulent pledge by bailee of negotiable documents, 9 of plate, to avoid execution, 10 of goods in which pledgor has only a life interest, 10 distinction between mortgage of land and pledge of goods, it. delivery essential to validity of, 12 constructive delivery of, 13 by delivery of keys of warehouse containing the goods, ib. as to the custody and care of, 16 duty of pawnee to return it with all the increments, ib. burthen of proof in such cases, 17 liability of pawnee for loss or damage occasioned by his loss of, by theft or robbery, ib. effect of tendering the money before the robbery, ib. if taken clandestinely, or secretly purloined, 18 where pawnee takes more care of his own goods than of the loss of, through a burglary, negligence of pawnee, ib. rules deducible from common law authorities as to pledgee's profits and increase of, as lambs, calves, milk, &c., 23 of bonds to bankers for a sum certain, cannot be detained cannot be redeemed by payment of part only of the loan, ib. PLEDGE-continued. cannot be detained for other debts beyond that for which but in equity negotiable securities available for general of several things, each liable for whole debt, ib. delivery up cannot be enforced until payment or tender of effect of tender and refusal of the loan, 29 as to sale of at common law (see SALE OF PLEDGE) assignment and transfer of the pledge by the pledgee, 34 equity of redemption in may be sold by pledgor, 39 of policies of life assurance, 40 by factors and agents (see FACTORS and AGENTS) if made before commencement of Act, not affected thereby, to what pledges the Act applies, 79, 84 if for loan above 10%., no restrictions on pawnbroker as to inquiries and entries to be made by pawnbroker before pawn-tickets must always be given for, 91 not to be taken of children or persons intoxicated, 92 redemption of, 95 forfeit of, if not redeemed within what time, ib. unredeemed, sale of by public auction, 98 (and see SALE OF PLEDGE) where party pawning had no title to it, 99 surplus on sale of, 105 deficit on sale of, ib. offences by pawnbrokers as to sale of, 107 special contracts as to, 109 delivery up of, 110 how delivery up enforced under Pawnbrokers' Act, 111 loss of, through a burglary caused by pawnbroker's negli- summary order for delivery of, to person entitled, 118 P PLEDGE-continued. market overt, no application to pawns, 125 contracts of not void, although pawnbroker guilty of offer in custody of pawnbroker cannot be taken in execution, 14 | PLEDGEE (or PAWNEE) of goods fraudulently obtained, rights of where without right of, to set up the jus tertii in answer to action by right of property in the goods pledged, 11 returning pledge to pledgor, with licence to use it, 14 effect of default in payment by pledgor, ib. his duty as to the custody and care of pledges, 16 if pawn lost by casualty or unavoidable accident, ib. responsible if guilty of negligence, ib. loss of pawn by theft or robbery, ib. effect of tender of the loan to, before robbery, ib. responsibility of, if pawn be clandestinely taken or secretly effect of taking more care of his own goods than of the loss of pledge through a burglary on his premises, 19 his right to use the thing pledged, 21 rules deducible from common law authorities as to using the pawn, 22 liability if robbed of them whilst in use, 21 as to delivery up of pledge on redemption, 24 consequences of refusal to deliver up pledge on tender of the cannot compel payment of the loan until time appointed for rights as to redemption on death of, 26 right to retain pledge until the whole amount of the loan is but not for further or other debts, 28 but in equity negotiable securities may be made available cannot be compelled to deliver up pledge until payment or PLEDGEE (or PAWNEE)-continued. as to power of sale of pledges at common law (see SALE OF as to right of to sub-pawn, assign, or transfer the pledge, 34 the point never expressly decided, ib. authorities of American courts as to, 35 loan of pledge to pledgor with licence to use it, 37 right to sue in debt for the loan without returning the pledge, 41 of goods and documents of title from factors and agents (see of goods to pawnbrokers (see PAWNBROKER) PLEDGER, PLEDGOR (or PAWNER), right of property in goods how affected by pledge, 11 effect of default in payment by, ib. rights of against pledgee on loss of pawn by theft or robbery, 17 rights of where pawn lost through negligence of pawnee, 18 must pay the loan although pawn lost, when, 20 right of action against pledgee after payment or tender of the effect of tender and refusal of the money, 29 assignees of, right to redeem, 25 rights as to redemption of pledge on death of, 26 effect of tender by executors of, 27 cannot recover back the pledge until the whole amount of although the pledge be in the hands of a sub-pawnee, 28 liable to an action of debt for the loan, although pledge re- where a factor or agent (see FACTOR, also AGENT) rights under Pawnbrokers' Act reserved to assigns and exe- to what loans the Act applies, 79, 84 as to loans above ten pounds, 80 particulars required of on pledges to pawnbrokers, 85 giving false name and address to pawnbroker, 87 duty of to take pawn-ticket, 91 children and persons intoxicated cannot pledge, 92 1 PLEDGER, PLEDGOR (or PAWNER)—continued. liability to pawnbroker for deficiency on sale of pledge, 98 liability on deficit as to sale of other pledges, ib. special contract as to loans above forty shillings, 109 110 pawnbroker's liability to, if pledge lost or damaged by fire, 111 protection to, if pledge lost or stolen, 114 unlawful pawning of goods not his own property, 121 125 wilfully giving false information to a pawnbroker, ib. not being entitled to redeem and attempting to do so, ib. PLEDGE-BOOK (PAWNBROKER'S) form of, 208 POLICIES OF ASSURANCE, POSSESSION or pledge, validity of pledge not destroyed by allowing pledgor by agent, prima facie evidence of intrusting within meaning PROFITS AND CHARGES allowed to pawnbrokers, 92, 215 PROMISSORY NOTES may be pledged, 6 PROPERTY, right of, not absolutely transferred on pledge of goods, 11 may be acquired by decree of foreclosure, 12 pledgee's right of, against strangers and thieves, ib. change of, on tender of the debt by pawnor, or his executor, 27 right of, cannot be acquired by pawnbroker who disregards in forfeited pledges, 95, 96 |