81 Or servant pawning, may make his master liable, when Conviction under 24 & 25 Vict., cap. 96, secs. 77 to 81, ... pawn ... ... ... See FACTOR, FACTORS' ACTS, GOODS STOLEN OR UNLAW- 888 58 58 APPEAL, Power of, is by particular statute only 269, 301 Directions in which must be strictly followed 269, 301 To give, in some cases, penalty must be of a particular On appeal, case is heard and proved de novo 270 ARRESTMENT, Law of, in Scotland ... AUCTION, PAGE. 17 Pawns to be sold by ... 156, 158, 159, 160, 162, 249, 250, 264, 292 Property of, in pledge, must be sold, and deficiency Order of the Court necessary for sale, when If pledge fail, creditor may prove for the debt 200 200, 201, 205 Or may apportion the proof as is most advantageous for 202, 204 Or abandon his pledge and prove simply 202 202 203, 204 assignees 203 Or may take the pledge at its value At the discretion of the Court Value is the market price on the day of choice of Creditors' election final But if the pledge be joint, creditor may prove against 205 205, 206, 208 Bills pledged by, may be taken at their amount without sale... Creditor may have to give security Pledge of a chose in action by, must be made equal to So as to take it out of bankrupt's order and dis- position ... ... ... Or interest will pass to assignees But the onus is on them to show that no notice was given Pass to assignees under 12 & 13 Vict., cap. 106, PAGE 208 216 208 209 209 209 Bare possession for specific purpose not sufficient ... 212 212 Factor, goods pledged by, and redeemed by principal, Bona fides of, is question for jury... ... 210 211 212 212 213 214 212, 214 215 215 Pledge may sometimes be act of ... ... Court has a discretion in matters of sale or redemp- 215 156, 217 217 218, 221 218 220 Interest allowed by 12 & 13 Vict., cap. 106, sec. 180 Pledge of, passes the property described in it BILL OF LADING (continued)— Endorsement of, gives only the endorser's rights Therefore conditions precedent which bound the con- BOOKS, PAGE. 83, 84 83 84 Pawnbroker bound to keep.-See PAWNBROKER, STATUTES. CASE, C. Power to state a, given to Justices by 20 & 21 Vict., ... 270,271 Case under 20 & 21 Vict., cap. 43, must be applied for 271 Sunday is not excluded 271 On proof of proper notice case may be heard, though CERTIORARI, 270 271 ... Remedy by, abolished in most cases When still available 269, et corrigenda 271, 272 271 Not required to remove a case stated under 20 & 21 Vict., cap. 43 CONVERSION, Tortious, of pawn, how evidenced ... 46, 62, 68, 72, 103, 106, 150, 151, 169, 192, 223, 224, 225, 227 Omnia præsumuntur contra spoliatorem applies, when 196, 234 DAMAGES (continued) — Damages, in detinue May be in the discretion of the jury PAGE. 234, 235, 236 846, 234, 235, 236, 237 But in detinue, even if only nominal, judge cannot ... Regulated by the general rule in contract ... 236 77, 237 175 175 176, 299 176, 177 95, 120, 247, 248, 291 Extent of protection to pawnbrokers by DUPLICATE. 121, 152 121, 152, 291 122, 124 125, 152 For pawn, made necessary by 30 Geo. 2, cap. 24, 17 17, 94, 116, 244, 245, 246, 281 by 23 & 24 Vict., cap. 21, 17, 94, 116, 245, 310 ... 39, 116 May be sold or pledged Real owner of goods unlawfully pawned, need not |