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PLEDGE-continued.

fraudulent pledge by bailee of negotiable documents, 9
right of pledgee to set up the jus tertii, in answer to action
against him by pledgor, ib.

of plate, to avoid execution, 10

of goods in which pledgor has only a life interest, 10
right of property in, not absolute in pledgee, 11

distinction between mortgage of land and pledge of goods, it.
if stolen, pledgee may prosecute thief, 12

delivery essential to validity of, 12

constructive delivery of, 13

by delivery of keys of warehouse containing the goods, ib.
delivery of to clerk or servant of pledgee sufficient, 14
delivery back to pledgor, with licence to use it, ib.
delivery of part of the goods sufficient, when, ib.
agreement in writing as to delivery of the pledge, ib.
general rights as to, between pawnor and pawnee, 15
a mere collateral security, ib.

as to the custody and care of, 16

duty of pawnee to return it with all the increments, ib.
but not liable at common law if pledge be lost by unavoid
able accident, ib.

burthen of proof in such cases, 17

liability of pawnee for loss or damage occasioned by his
negligence, ib.

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
pledge, 19

loss of, through a burglary, negligence of pawnee, ib.
if lost, pawnee has remedy over for the loan, when, 20
use of, by pledgee, 21

rules deducible from common law authorities as to pledgee's
right to use the pledge, 22

profits and increase of, as lambs, calves, milk, &c., 23
expenses of keeping and feeding the things pledged, 24
redemption (at common law) and delivery up of, ib.
for time certain, and where no time agreed, 25
redemption of, by assignee of bankrupt, ib.

of bonds to bankers for a sum certain, cannot be detained
against executors of pledgor for further advances, 26
right of property in on tender of the debt by executors of
pawnor, 27

cannot be redeemed by payment of part only of the loan, ib.

PLEDGE-continued.

cannot be detained for other debts beyond that for which
deposited, 28

but in equity negotiable securities available for general
lien, ib.

of several things, each liable for whole debt, ib.

delivery up cannot be enforced until payment or tender of
the loan, ib.

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
loan of to pawnor, with licence to use it, 37

equity of redemption in may be sold by pledgor, 39

of policies of life assurance, 40

by factors and agents (see FACTORS and AGENTS)
within Pawnbrokers' Act, 1872, 75

if made before commencement of Act, not affected thereby,
76, 84

to what pledges the Act applies, 79, 84

if for loan above 10%., no restrictions on pawnbroker as to
rate of interest, &c., 80

inquiries and entries to be made by pawnbroker before
advancing money on, 85

pawn-tickets must always be given for, 91

not to be taken of children or persons intoxicated, 92
profits and charges allowed to pawnbrokers, 93

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
liability of pawnbroker for loss or damage to, by fire, ib.
compensation to owner for other damage to, or depreciation
of, 112

loss of, through a burglary caused by pawnbroker's negli-
gence, 113

summary order for delivery of, to person entitled, 118
general restrictions on pawnbrokers as to taking, 119
pawnbroker has a lien on, although fraudulently obtained, 122
of stolen goods, no lien on, 124

P

PLEDGE-continued.

market overt, no application to pawns, 125

contracts of not void, although pawnbroker guilty of offer
against Act, 141

in custody of pawnbroker cannot be taken in execution, 14 |
nor distrained for rent, 147

PLEDGEE (or PAWNEE)

of goods fraudulently obtained, rights of where without
notice of the fraud, 8

right of, to set up the jus tertii in answer to action by
pledgor, 9

right of property in the goods pledged, 11

returning pledge to pledgor, with licence to use it, 14
general rights and obligations of, 15

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.
burthen of proof in such cases, 17

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
purloined, 18

effect of taking more care of his own goods than of the
pledge, ib.

loss of pledge through a burglary on his premises, 19
his right to loan, although pawn lost, 20

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
profits and increase of ditto, 23

as to delivery up of pledge on redemption, 24

consequences of refusal to deliver up pledge on tender of the
debt, 24 and 29

cannot compel payment of the loan until time appointed for
redemption has arrived, 25

rights as to redemption on death of, 26

right to retain pledge until the whole amount of the loan is
paid, 27

but not for further or other debts, 28

but in equity negotiable securities may be made available
for general lien, ib.

cannot be compelled to deliver up pledge until payment or
tender of the loan, 28

PLEDGEE (or PAWNEE)-continued.
right of action of debt for the loan, 29

as to power of sale of pledges at common law (see SALE OF
PLEDGE)

as to right of to sub-pawn, assign, or transfer the pledge, 34
breach of contract to do so, ib.

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
FACTORS AND AGENTS)

of goods to pawnbrokers (see PAWNBROKER)

PLEDGER, PLEDGOR (or PAWNER),

right of property in goods how affected by pledge, 11
general rights and obligations of, 15

effect of default in payment by, ib.

rights of against pledgee on loss of pawn by theft or robbery, 17
effect of tendering the loan before loss of pawn, ib.

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
debt, 24

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
loan paid or tendered, ib.

although the pledge be in the hands of a sub-pawnee, 28
having borrowed pledge of pledgee has no right to re-pledge, 37
right to sell equity of redemption in pledge, 39

liable to an action of debt for the loan, although pledge re-
maining in pledgee's hands, 41

where a factor or agent (see FACTOR, also AGENT)

rights under Pawnbrokers' Act reserved to assigns and exe-
cutors, 79

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
profits and charges allowed to pawnbrokers, 93
intermediate loans, 94

1

PLEDGER, PLEDGOR (or PAWNER)—continued.
redemption of pledges (see REDEMPTION)
days of grace allowed to, 95

liability to pawnbroker for deficiency on sale of pledge, 98
may inspect pawnbroker's sale-book and filled-up catalogue
as to amount realized on sale of unredeemed pledge, 104
right to surplus of sale monies, 105

liability on deficit as to sale of other pledges, ib.

special contract as to loans above forty shillings, 109
right to delivery up of pledge on payment of loan and profit.

110

pawnbroker's liability to, if pledge lost or damaged by fire, 111
right to compensation for damage to or depreciation of pledge.
112 (and see NEGLIGENCE)

protection to, if pledge lost or stolen, 114

unlawful pawning of goods not his own property, 121
offering articles in pawn and not giving a good account thereof,

125

wilfully giving false information to a pawnbroker, ib.

not being entitled to redeem and attempting to do so, ib.
offering forged pawn-tickets, 139

PLEDGE-BOOK (PAWNBROKER'S)

form of, 208

POLICIES OF ASSURANCE,
pledge of, 40

POSSESSION

or pledge, validity of pledge not destroyed by allowing pledgor
to keep, and use it, 14, 37

by agent, prima facie evidence of intrusting within meaning
of Factors' Acts, 68

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
could not be acquired in pledge by Roman law, ib.

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
transfer of, on sale of equity of redemption, 39

right of, cannot be acquired by pawnbroker who disregards
provisions of statute, 86

in forfeited pledges, 95, 96

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