PAGE EXECUTION (continued)— ... But not for wrongful acts of a broker acting in excess ... 196 194 ... 199 196 And action may lie for excessive distress, even though But contra by statute ... ... Entrusted with goods for sale, for some purposes now deemed the owner And may give third parties a lien Fraudulent, definition and punishment of ... 45, 46 47, 51 47 47 48, 50, 52 52, 210, 315, 322 59, 315, 321 Factors if entrusted with goods or documents, taken as 51, 53, 311, 312, 313, 314, 316, 319, 320, 321 FACTORS' ACTS (continued)— To vitiate pledge under, there must be positive prohi- bition of agent, and notice to pawnee Notice must be given before deposit PAGE. But pawnee must have acted bona fide... Mere suspicion is not enough 53 ... 52, 53 53, 55 ... ... 51, 53, 55 54, 210 And the circumstances and malá fides are for the Principle of master and servant does not apply Not to pledges of furniture, railway bonds or bills given ... ... 54, 55, 210 56 57 Nor when factor has promised to deposit warrants, &c. 54 52, 314, 315, 322, 323 Under 24 & 25 Vict., cap. 96, bailment must be of the Lack of authority must be specially pleaded ... 136, 141 142 157 210, 315, 323 Effect of, on doctrine of market overt PAGE. GOODS STOLEN, UNLAWFULLY OBTAINED, OR UN- LAWFULLY PAWNED, Liability of pawnbrokers to restore 18, 110, 132, 133, 138, 141, 259, 260, 272, 285, 287 Search warrant may be issued for, when ... 260, 282 37, 133, 136, 138, 259, 260 n (b), 285 viction of offender Or by action of trover But summary order of restitution is desirable ... ... And proceeds of felony may be the subject of such an ... ... order 136, 141, 142, 144, 232 32, 142 143 144 133, 136, 285, 287 133, 136 138, 139, 141, 251, 259, 260, 272, 282, Anomalous state of the law as to restitution ... Unlawful pawning, charge of, must be express See MARKET OVERT, PAWN, PAWNBROKER, REMEDIES, RESTI- TUTION. I. INFORMATIONS, Must follow the statute under which they are laid Generally, but not necessarily payable... ... : : ... 4667267 12 16 17 17 79 38, 80, 92, 93, 94 80, 85, 88, 278 Except in strictly pawnbroking transactions 79, 85, 86, 92, 247, 277 ... ... 88 205, 218, 219 Cannot be calculated monthly, when Not applicable when proceedings are merely threatened ... Seldom useful in pawn transactions Unless in part ... Summary proccedings when amount is small 273 Offences respecting, not within 11 & 12 Vict., cap. 43, 113, 239, 240, 267 Being offences against revenue ... Name of partnership firm not sufficient... 113, 239, 267 LIEN, Differs from pawn Broker's, not transferable Unless given to third person as a continuance of ... Banker's, controlled by express agreement 62 57, 200 ... 200 Does not attach, by way of backing, as against creditors LIMITATION, 64, 148, 157 64 Pawnbroker not able to set up, either by common law or by statute ... How far Factors' Acts affect Change of property by, destroyed by conviction for felony 187 Onus probandi is on plaintiff ... ... 103 105, 106, 224 |