81

Or servant pawning, may make his master liable, when
Fraudulently pawning, guilty of misdemeanor 58, 315, 321
Consent of Attorney-General necessary to prosecution
under Fraudulent Trustees' Acts

Conviction under 24 & 25 Vict., cap. 96, secs. 77 to 81,
must be in respect of the very same property as that
bailed
But the statute would generally apply in cases of

...

pawn
Fraudulent, liable to civil action, even after criminal
conviction

...

...

...

See FACTOR, FACTORS' ACTS, GOODS STOLEN OR UNLAW-
FULLY PAWNED.

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
him

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
the separate estates
And agent of bankrupt attorney may prove for his en-
tire debt, though holding security by virtue of his lien
Transactions of, may be held to be pledge or sale,
according to apparent intention

205

205, 206, 208

Bills pledged by, may be taken at their amount without

sale...
Creditor of, may prove, though he holds pledge 202, 204, 206
And though bankrupt was his agent

Creditor may have to give security

Pledge of a chose in action by, must be made equal to
delivery of a chattel

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
Unless there be laches by creditor

...

212
210, 213

212

Factor, goods pledged by, and redeemed by principal,
may be proved for against Factor's estate 210, 315, 322, 323
Title of assignees in, relates back...
But bond fide pledges now protected
Unless they are themselves acts of bankruptcy
Pledges by, provisions of 12 & 13 Vict., cap. 106, sec.
133, respecting

Bona fides of, is question for jury...
Pledges by, with intent to defraud

...

210
213, 214

211

212

212

213

214

212, 214

215

215

Pledge may sometimes be act of
According to extent, effect, or intent
Bona fide transactions are protected
But only when completed before bankruptcy
Assignee's title generally dates from act of
Unless bankruptcy is on debtor's own petition
And semble, under deed of arrangement
Unless there is intermediate act, as commitment or
detainer

...

...

Court has a discretion in matters of sale or redemp-

215

156, 217

217

218, 221
218

218

220

Interest allowed by 12 & 13 Vict., cap. 106, sec. 180
Assignees under, may pledge bankrupt's property in

Pledge of, passes the property described in it
Subject to vendor's right to stop in transitu
But it is not a security for the general balance

BILL OF LADING (continued)—

Endorsement of, gives only the endorser's rights
Amendment Act has not altered this

Therefore conditions precedent which bound the con-
signee, bind his assignees

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.,
cap. 43

...

270,271

Case under 20 & 21 Vict., cap. 43, must be applied for
within three days of decision

271

Sunday is not excluded

271

On proof of proper notice case may be heard, though
the respondent does not appear.
And on refusal of Justices to state, Court of Queen's
Bench may compel in certain cases

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
certify to deprive plaintiff of costs
In contract limited to pecuniary loss

...

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
95, 121, 291

121, 152, 291

122, 124

125, 152

For pawn, made necessary by 30 Geo. 2, cap. 24, 17
Charges for, by 39 & 40 Geo. 3, cap. 99, sec. 6,

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
But not by pawnbrokers...
39, 116, 156, 249, 295
Must be tendered by pawnor coming to redeem
95, 118, 123, 125, 127, 152, 248, 290
Except in cases of loss, &c., when declaration may be
substituted 94, 119, 121, 122, 125, 152, 247, 248, 291
But pawnbroker may take reasonable time for in-
quiry

Real owner of goods unlawfully pawned, need not
tender