and it was held, that the bill of lading was in force at the time of deposit with the plaintiff; that he had as valid a pledge as if the cotton itself had been delivered to him; and that he was entitled to succeed in the action, against the defendants (e).

Goods and dock-warrants obtained by a fraudulent representation, and pledged, cannot be withheld from owner by pawnee.

Where a broker is employed to sell, but without being put into possession of the goods (f), and having sold, the purchaser resells his interest in the contract to another, who then obtains the goods of the owner by means of a fraudulent representation, and pledges them; the pawnee, in such a case, although without notice of the fraud, will have no claim as against the owner, who may recover the goods in trover. And so where the plaintiffs, the owners of a large quantity of acid in barrels, employed certain brokers to sell it. The brokers contracted with B. for the purchase of part, and gave him an order on the plaintiffs that they should deliver to him or his order a certain number of tons of acid. B. sold his interest in this contract to E., who sold it to L. A. bought the same of L., falsely representing himself as agent for V., and thereby, on pretence of inspecting the acid, obtained from L., the brokers,

(e) Meyerstein v. Barber and others, 36 L. J. C. P. 48 & 289, L. R. 2 C. P. 38 & 661.

(f) Therefore not within the provisions of the Factors' Acts, as a person "intrusted with the goods."

orders on the plaintiffs for the quantity. These orders had been indorsed over and passed from one purchaser to another, and when delivered by L. to A., were indorsed by L. specially deliverable to himself. A. presented the brokers' orders to the plaintiffs, and stating that he had purchased the acid of L. on his own account, though nominally for V., induced the plaintiffs to give him a transfer or delivery order on the wharfinger in whose warehouse the acid was lying, authorising the transfer into A.'s name of certain specific casks of acid, amounting to the quantity in the brokers' orders mentioned. The wharfinger thereupon transferred the specified casks of acid into A.'s name. A. immediately borrowed money of the defendant, and pledged the casks of acid with him as a security for the repayment, handing over to the defendant the warrants which he had had made out, by means of which the defendant obtained possession of the acid. It was held, that as A. obtained the delivery order from the plaintiffs by the false and fraudulent representation that he had purchased acid by a sub-sale from a purchaser from the plaintiffs, there was no privity of contract between the plaintiffs and A., consequently that the latter could not convey a good title in the casks of acid to the defendant, though a bonâ fide pawnee for value, but that the plaintiffs might recover the acid back from him in trover (g). And it was held, per Wightman, J., in giving the judgment of the Court that "The mere possession of goods, with no further indicia of title than a delivery order, is not sufficient to entitle a bona fide pawnee of a person

(g) Kingsford and another v. Merry, 26 L. J. Ex. 83, 1 H. & N. 503.

E

fraudulently obtaining possession from the true owner, to resist the claim of the latter in an action of trover" (h).

(h) Ibid. p. 88. L. J.

PART III.

PLEDGES WITHIN THE PAWNBROKERS'
CONSOLIDATED STATUTE, 1872.

By "The Pawnbrokers' Act, 1872" (a), the law relating to pawnbrokers in Great Britain is consoli dated with amendments.

Extension of the Act.

The Act extends to Scotland, but not to Ireland (b).

Date of commencement of the Act.

The Act is to commence and take effect from and immediately after the 31st of December, 1872 (c).

Repeal of prior enactments.

The enactments described in the first Schedule (d), SO far as the same regulate the business of pawnbroking, or otherwise affect pawnbrokers in Great Britain, in relation to loans made by them on pledges pawned with them, and to those pledges, and to the pawning, redemption, and sale thereof, and to transactions and matters (a) 35 & 36 Vic. c. 93. (b) Sect. 2. (c) Sect. 3.

(d) See the Schedule, infra, "Appendix."

connected therewith, are repealed on and from the commencement of this Act (e).

Pledges and loans made before the commencement of the new Act not affected thereby.

As to goods in pawn at the time of the commencement of the Act of 1872, or which had been pawned prior thereto, and as to loans made thereon, and the pawning, redemption, and sale thereof, and transactions and matters connected therewith, the repeal of the former statutes is not to affect the past operation of any of those enactments, nor any right, title, obligation, or liability accrued, or the validity or invalidity of any contract made, or of anything done or suffered under any of those enactments before the commencement of the present Act (ƒ).

Proceedings may be taken and continued, as to offences committed and penalties incurred under the repealed enactments.

The repeal of the former enactments is not to interfere with the institution or prosecution of any proceeding in respect of any offence committed against, or any forfeiture or penalty incurred under, any of those enactments; nor to take away or abridge any protection or benefit conferred thereby, in relation to anything done thereunder before the commencement of the present Act (g).

(e) Sect. 4.

(f) Ibid.

(g) Ibid.