In trespass, where no circumstances of aggravation are shown, the action is to be regarded as one of trover, and the value of the property, with interest, furnishes the measure of damages (a); but in one case it was said (b), it was entirely a question for the jury what damages they would allow. "Juries have not much compassion for trespassers; and I do not think they were bound to weigh in golden scales how much injury a party has sustained by trespass."

In debt or in assumpsit between the parties to this contract motive is immaterial, and, indeed, will be irrelevant to the issue raised (c), and the damages should be limited to the pecuniary loss resulting from the breach of contract (d), which, when the suit is by the pawnee, prima facie, will be the precise sum stipulated to be paid, together with interest when recoverable (e).

Besides these legal remedies the parties may, if they please, go into Equity. And if a time for redemption is fixed by the contract, still the pledgor may redeem it afterwards, if he applies to the Court of Chancery within a reasonable time. If no time is specified for payment, the pledgor may redeem it at any time during his life, unless he is called upon to redeem by the pledgee; and if he fails in so redeeming it, his representatives may redeem it. But the remedy is at law, unless some special ground is shown, as if an account or

(a) Sedgwick On Damages, 530.

(b) Per Alderson, B., in Lockley v. Pye, 8 M. & W., (c) Broom's Commentaries, 3rd edit., 613.

135.

(d) Ibid.

(e) No matter what the amount of inconvenience sus. tained by the plaintiff. Per Willes, J., in Fletcher v. Tayleur, 17 C. B., 21, 29.

discovery is wanted, or there has been an assignment of the pledge (a).

On the other hand the pledgee may bring a bill in equity to foreclose and sell the pledge, but it has been also said that on due notice given to the pledgor, the pledgee may sell the pledge without any decree of sale (b). And this would seem to be true, as there would appear to be no ground of distinction between mortgages and pledges of personalty in that point of view (c).

Where the pawn has a special and peculiar value to the owner, specific delivery of it will be decreed at the suit of the pawnor, on the same principle as was recognised in the case of the Pusey horn (d); and a bill lies to compel delivery of an altar-piece, or other curiosity in specie (e). Even where there is no peculiar value, it would probably be ordered between pawnor and pawnee, on the ground of fiduciary relation, recognised in Wood v. Rowcliffe (f), where furniture was deposited in trust, and Jackson v. Butler (g), where an agent had deposited mortgage deeds.

Supplementary to these remedies at Common Law and in Equity, are a number of provisions in the Pawnbrokers' and other Acts, giving

(a) Story's Equity Jurisprudence, sec. 1032, 2 Spence's Ibid, secs. 637, 772, 773; Kemp v. Westbrook, 1 Ves. 278; Demandray v. Metcalf, Pre. Ch., 419, 420; Jones v. Smith, 2 Ves., jr., 372.

(b) Story's Equity, sec. 1033, Spence's Ibid., 637, 771. (c) Smith's Manual of Equity, 6th edit., 304. (d) Pusey v. Pusey, 1 Vern., 273, 1 White and Tudor's Leading Cases, 2nd edit., 654.

(e) Duke of Somerset v. Cookson, 3 P. Wms., 389, 1 White and Tudor's Leading Cases, 2nd edit., 655.

(f) 3 Hare, 304.

(9) 2 Atk., 306,

summary remedies by proceedings before one or more magistrates. These provisions are set forth in the following pages. Unless otherwise specified, procedure in these cases is according to Jervis's Act, 11 & 12 Vict., cap 43, and conviction may be before any one or more magistrates.

OFFENCES.

I.-BY PAWNBROKERS.

AS TO THE MANNER OF CONDUCTING BUSINESS.

Not taking out an Annual License (a) For each house, shop, or place used for taking in goods or chattels to pawn. STATUTES.-25 Geo. 3, cap. 48; 55 Geo. 3, cap. 184; 9 Geo. 4, cap. 49, sec. 12; 19 & 20 Vict., cap. 27.

PENALTY.-£50.

Mode of enforcing.-By action in any of
the Courts at Westminster, or in the
Court of Session or Justiciary, or
Exchequer in Scotland.

(a) Proceedings for this offence are excepted from the operation of 12 & 13 Vict., cap. 43, but where the information or complaint, though grounded on some matter contained in a statute relating to these excepted subjects, does not itself relate to them, the exception does not apply. Therefore a conviction under 4 & 5 Will. 4., cap. 85, sec. 8, for signing a false certificate for the purpose of obtaining a beer license, is valid, though drawn up according to the form prescribed by 11 & 12 Vict., cap. 43 (Reg. v. Bakewell, 26 L. J. (N. S.), M. C., 150). In excise prosecutions it is not enough to describe trading co-partnerships by the name of the firm (Reg. v. Harrison, 8 T. R., 508).

Not taking out an Annual License.

Application of penalty.-Plaintiff's own use, with double costs.

For offences under 19 & 20 Vict., cap. 27, justices may mitigate the penalties to

any sum not less than one-fourth of that fixed by the Act.

For offences respecting Licenses, the information need not be on oath; it may be laid at any time; must be laid by an officer of Inland Revenue; any justice may convict. There is no power to summon witnesses. The penalties go to Her Majesty, subject to appeal, as provided in sect. 35 of the Pawnbrokers' Act.

Name over Door.

Not having painted or written in large legible characters, the Pawnbroker's name, and the word Pawnbroker, over door of shop or other place of business, which shall have been made use of for the space of one week. (Proceedings for this offence not taken before a metropolitan or stipendiary magistrate must be taken before two magistrates, near to the place where it was committed.)

STATUTE.-39 & 40 Geo. 3, cap. 99, sec. 23.
PENALTY.-£10 for every shop.

Mode of enforcing.-By distress, or imprison

ment for not more than three months, nor less than fourteen days, unless sooner paid.

Application of penalty.-Moiety to complainant, and remainder to poor of parish where offence committed (sec. 26.)

Time of carrying on business.

Exercising or carrying on trade on a Sunday, Good Friday, Christmas Day, or any Fast or Thanksgiving Day by procla

mation.

Buying goods in the course of trade before 8 a.m., or after 7 p.m., throughout the year.

STATUTE. -39 & 40 Geo. 3, cap. 99, sec. 21. PENALTY. (By sec. 26) not more than £10. Mode of enforcing.-Distress, or imprisonment for not more than three months, unless sooner paid (11 & 12 Vict., cap. 43, sec. 22).

of

Application of penalty.-Moiety to complainant, and remainder to poor parish where offence committed.

Receiving or taking in pawn, or permitting or suffering to be received or taken in pawn, any goods before 8 a.m., or after 7 p.m., between September 29th and March 25th following.

Or before 7 a.m., or after 8 p.m., during the remainder of the year. (Except only in both cases until 11 o'clock on the evenings of Saturday during the year, and the evenings next preceding Christmas Day, Good Friday, and a public Fast or Thanksgiving day.)

STATUTE.-39 & 40 Geo. 3, cap. 99, sec. 21; amended by 9 & 10 Vict., 98.

PENALTY. Not more than £5.

Mode of enforcing.-Distress, or imprisonment for not more than three months, unless sooner paid (11 & 12 Vict., cap. 43, sec. 22).

M