The prosecutor, public or private,

And the defender or person accused, who is styled the pannel in the higher courts. See Process.

2. Civil.

In a civil suit, the parties are called
The pursuer, he who claims or complains,

And the defender, he who opposes the prayer of the other. See Process.

3. Who may Act. Parties may act either by themselves, or by procurators duly admitted to practise before the court: See Procurator.

Except in cases under the Small Debt Act, in which parties must generally appear for themselves. See Small Debt Act.

PAWN OR PLEDGE.

1. PLEDGE IN GENERAL.

1. Definition. The contract of Pawn or Pledge, is that sort of loan in which the creditor receives, as security for the debt, a special moveable subject, to be redelivered to the debtor upon payment.'

2. What Constitutes the Contract.

To constitute this contract, nothing is required but the consent, even verbal, of parties, and delivery of the subject impledged.

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3. Creditor's Right. The creditor's right over the article pledged (called also the pledge or pawn) lasts only while he retains possession of it,' but he may recover it from any one who has obtained it accidentally or improperly.

4. To whom Pledge is Lost. The pledge perishes to the debtor who is still proprietor.

5. Creditor's Care of Pledge. The creditor is bound to take reasonable care of it, but is entitled to reimbursement of necessary expenses laid out upon

it. 3 The creditor may not use the pledge, but may take any fruits or profits it yields, (as a sheep's wool, &c.), setting their value against the debt.

6. How Pledge to be Sold. The creditor wishing to dispose of the pledge, must apply to the Judge for a warrant to sell it by public roup, and must make the debtor a party to such application.4

II. RULES REGARDING PAWNBROKERS.

1. Who Accounted Pawnbrokers. Those persons who lend money on pledge at a higher profit than five per cent. are deemed pawnbrokers, and subject as such to the statutory regulations concerning their trade.s

2. Pawnbroker's Sign. Every taker of pawns must place over his door his name and the word “ pawnbroker.”

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3. Days and Hours when no Pawns to be Taken. A pawnbroker must not take pawns on Sunday, Good Friday, Christmas day, or any fast or thanksgiving appointed by the King.'

He must not buy goods before eight o'clock in the morning, or after seven o'clock in the evening throughout

the year.”

Nor take goods in pawn or exchange, unless between eight o'clock forenoon and eight o'clock afternoon from Michaelmas (September 29,) to Lady-day (March 25,) or between seven o'clock forenoon and nine o'clock afternoon throughout the rest of the year; but with an extension of the time till eleven o'clock in the evening of all Saturdays, and of the days preceding Good Friday, Christmas day, and any fast or thanksgiving appointed by the King: 3

4. Age of Taker of Pawns. A pawnbroker must not employ, as a taker of

pawns, any person under sixteen years of age. 4

5. From whom Pawns not to be Taken.

He must not take a pawn from a person under twelve years of age;s s

Nor from one who is intoxicated.

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6. What Pawns not to be taken.

He must not take in pawn, exchange, or purchase, a note of another pawnbroker;'

Nor goods of manufacture in a state of preparation but unfinished.

No pawn whatever for the price of spirituous liquors may be taken.

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7. Entry of Pawns in Books

(A) For Less than 10s. The pawnbroker must enter in his books the description of each pawn, the number, the date, pawner's name, the street, and number of his residence, with the letter L for a lodger, or H a housekeeper, and the name and residence of the owner of the pawn, as stated by the pawner.2

On loans not exceeding 5s., this entry may be made within four hours after pawning ;3

But on loans exceeding 5s., it must be made before lending. 4

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(B) For Above 10s. Pawns for loans above 10s., must be entered in a separate book by themselves.S

And the entries of such pawns must be numbered seriatim from the beginning of each month.

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8. Notes to be Given at Pawning

(A) In all Cases. At pawning, the pawnbroker must give, and the pawner must receive, (otherwise the pawnbroker is not to lend), a note bearing the description of the pawn."

(B) In Pawns Above 10s. And in pawns above 10s., the number of the monthly

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entry, and always the name and residence of the pawnbroker.'

9. Charge for Note. The pawnbroker's charge for this note is on a loan under 5s., gratis ; under 10s., d.; under 20s., ld.; under L.5, 2d.; above L.5, 4d.2

10. Table of Notes to be Exposed. A table of the prices of the notes, and of those deliverable gratis, must be placed conspicuously in the pawnbroker's shop

11. Redemption of Pawns.

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(A) Time for Redeeming. The right of redeeming pawns lasts for a year from the pawning. *

But is prolonged for three months more, if notice not to sell be given, before or at the end of the year, to the pawnbroker, in writing, delivered to him, or left at his residence, or verbally in presence of one witness.5

(B) Production of Note at Redeeming. The pawnbroker is not bound to redeliver the pawn without production of the note given at pawning. 6

The producer of such note is to be held entitled to redeem the pawn, unless the pawnbroker has received notice from the true owner, or information from other quarters that the pawn was stolen, or is suspected to have been so.?

(c) What if Note be Lost. If the note given at pawning has been lost, 8

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