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RECEIPTS

on redemption of pledges under Pawnbrokers' Act, 97

form of, 214

when liable to stamp duty, 97
REDEMPTION

and delivery up of pledges, 24

consequences of refusal to deliver up pledge on tender of the
debt, ib.

by assignee of bankrupt, 25

statute of limitations no bar if no time agreed, ib.

on death of pawnor or pawnee, 26

if no time agreed pawnor may redeem during his life, ib.
of bonds and securities after death of pawnor, 26

if time agreed executors may redeem, 27

cannot be by payment of part only of the loan, ib.
the pledge cannot be detained for other debts, 28

cannot be enforced until payment or tender of the debt, ib.
effect of tender and refusal, 29

as to power of sale in default of (see SALE OF PLEDGES)
when right of, must be barred by a decree of foreclosure, 31
when day of, lapsed, pawnor's liabilities in equity, 37
equity of, in pledge, pledgor's right to sell, 39

right of, by person in possession of pawnbroker's duplicates, 41
owner's right under Factors' Acts to redeem before sale, 68
of pledges under Pawnbrokers' Act, 95

within what time redeemable, ib.

days of grace as to, ib.

persons entitled to redeem, 96

possession of pawnbroker's duplicates, ib.

if pawnor dead, his executors or administrators may redeem, 97
persons without authority attempting to redeem, ib.

receipts on redemption of pledges, ib.

form of, 214

when liable to stamp duty, 97

indemnities to pawnbrokers on delivery up of pledges, ib.
RENEWALS

of loans on pledges to pawnbrokers, 98

RENT,

pledges in custody of pawnbrokers cannot be distrained for,147
RE-PAWN, 34 (and see PLEDGEE).

REPEAL

of prior enactments relating to pawnbrokers, 75, 205
not to interfere with proceedings for offences incurred prior
to repeal, 76

ROBBERY

of pawnee, of the pawn, who responsible for loss, 17
by burglary on pawnbroker's premises, 19

ROMAN LAW,

distinction of, between pignus and hypotheca, 5
what might be pledged by, 6 (note e)

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absolute property in pledge could not be acquired by mere
length of possession, 11

degree of diligence required of creditor in his care of the
thing pledged, 16 (note x)

creditor not prohibited from suing for loan if pawn lost, 20
(note m)

if cows pledged, creditor required to account for milk and
calves, 23

creditor entitled to fruits of thing pledged, but always re-
quired to render account, 24 (note y)

right to retain the thing pledged until the debt and interest
entirely discharged, 27 (note f).

as to creditor's power to sell the pledge in default, 30 (notep)
as to creditor's right of sub-pignus and alienation of the pledge,
34 (note a)

SALE BOOK

of pledges, form of, 212

right to inspection of, by holder of pawn-ticket, 104

charge on inspection of, 93, 104

refusal by pawnbroker to allow inspection, 104
pawnbroker making false entries in, 107

SALE OF PLEDGE

in default of payment, general rights as to, 15
surplus monies belong to pawnor, 15

if live animals, pledgee may sell the increase as well as

original pledge, 24

power of, at common law, 29

where a day certain agreed for redemption, ib.

if no day named for redemption, ib.

necessity of notice of intention to sell, 30

where stipulated time rendered indefinite by a subsequent

agreement, 31

before day appointed, a wrongful conversion, 32

so also if sale on the day appointed for payment, ib.

result of authorities as to, ib.

without demand of payment or notice of intention to sell, 33
power of, not implied on every pawning, ib.

of a lease a wrongful conversion, ib.

SALE OF PLEDGE-continued.

pawnbrokers' unredeemed pledges by public auction, 98
deficiency on sale, a personal charge on pawnor, ib.
pawnbrokers not liable for defect of title to, 99

nor where purchaser compelled to restore the pledge to the
true owner, ib.

regulations as to auctions of pledges, 100

pawnbrokers may bid for and purchase pledges, 101

offences by auctioneers as to, 102

form of auctioneer's catalogue, 103

what articles must be sold at an auction by themselves, 104
inspection of pawnbroker's sale-book or catalogue by holders
of pawn-tickets, ib.

pawnor's rights as to surplus of sale monies, 105

pawnbroker's rights where a deficit on sale of pledge, ib.
offences by pawnbrokers as to sale of pledges, 107

SCOTLAND,

by law of a judicial sentence required to warrant sale of
pledge, 30 (note p)

extension of Pawnbrokers' Act to, 75

summary jurisdiction, court of, under Pawnbrokers' Act, 108
application of Act to, 203

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pledging master's property without authority, 8
loss of pledge by theft of; master's liability for, 18

SET-OFF,

by purchaser of goods, payments made to factor, 46

by pawnbroker of deficit on sale of one pledge against surplus
on other, 106

SHARES

in companies, pledge of certificates of, 33, 42

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certificates of registry of, may not be pledged, 7

SHOP,

person keeping such for taking in goods as security for money
lent to be deemed a pawnbroker, 77

pawnbroker's name must be kept up over outer-door of, 87

SPECIAL CONTRACTS

of pawnbrokers as to loans above forty shillings, 109
instructions as to terms and advantages of, ib.
form and requisites of, 214

pawn-ticket as to, not liable to stamp duty, 110

SPLITTING LOANS

into small sums to evade laws against usury (now repealed), 83
STATUTES,

the Factors' Acts, 4 Geo. 4, c. 83, Appendix, 149

6 Geo. 4, c. 94, Appendix, 163

5 & 6 Vict. c. 39, Appendix, 161

as to frauds by factors and agents intrusted, 24 & 25 Vict.
c. 96, ss. 1, 3, 75, 76, 77, 78, 79, 86, 87, 103—
Appendix, 168

as to unlawful pawning, 55 Geo. 3, c. 137, s. 2, Appendix, 175
7 Geo. 4, c. 16, s. 34, Appendix, ib.
10 Geo. 4, c. 25, s. 40, Appendix, 178
2 & 3 Vict. c. 47, ss. 50, 66, Ap-
pendix, 179

2 & 3 Vict. c. 71, s. 28, Appendix, 180
6 & 7 Vict. c. 40, ss. 2, 4, 5, 6, 8, 11,
Appendix, ib.

32 & 33 Vict. c. 62, s. 11, Appendix,

183

the Pawnbrokers' Act, 1872, 35 & 36 Vict. c. 93, Appendix, 184
relating to criminal procedure, incorporated with the Pawn-
brokers' Act, 7 Geo. 4, c. 64, Appendix, 219

relating to summary procedure, incorporated with the Pawn-
brokers' Act, 11 & 12 Vict. c. 43, Appendix, 231

STEALING (see THEFT)

STOLEN GOODS,

pledge of, confers no right on pledgee, 8, 124

pawnbroker receiving such with a guilty knowledge, 124

STOPPAGE IN TRANSITU,

owner's rights as to, how far affected by agent's pledge of the
goods, 69

SUB-PAWNEE, 34 (and see PAWNEE)

SUMMARY JURISDICTION,

court of, for carrying out provisions of Pawnbrokers' Act, 107
the like as to Scotland, 108

SUMMARY PROCEDURE ACT,

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incorporated with Pawnbrokers' Act, 231

SURPLUS OF SALE,]

monies on unredeemed pledges, pawnor's right to, 105

SUSPECTED PERSONS

offering goods supposed to be stolen, may be seized and
detained, 126

SYMBOLS OF GOODS,

delivery of, sufficient to constitute pledge of the goods,
when, 13

I TENANT FOR LIFE

of chattels, power to pledge, 10

TENDER

of the money due on the pledge, effect of, if pawn afterwards
stolen or lost, 17

must be of precise sum due, 25

right to discovery in equity as to amount due so as to make
a valid tender, ib.

effect of tender by pawnor or his executors, 27,

29

necessity of tendering the whole amount of loan, 27
effect of refusal of the tender, 29

must be made by assignee in bankruptcy before action of
trover for pledge, 33

action of detinue cannot be supported until after tender of
the loan, 37

not even if pledge be in the hands of a stranger, ib.

of loan by purchaser of equity of redemption in pledge, 39

THEFT OF PLEDGE,

pledgee may prosecute in his own name, 12

who responsible for loss of pledge by, 17

if taken clandestinely or secretly purloined, 18

presumptive evidence of ordinary negligence, 19 (and see
NEGLIGENCE)

of pawn-tickets, 114, 116

TICKET

(see PAWN-TICKET)

TITLE

to unredeemed pledges, pawnbroker not liable for defects of, 99
nor where purchaser compelled to restore the pledge to true
owner, ib.

TRANSFER

and assignment, of the pledge by pledgee, 34

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