If the pawner be dead, his executors or administrators will be entitled to redeem; the rights, powers, and benefits conferred by this Act on pawners being reserved by the ninth section (a) to the executors, administrators, or assigns of pawners.

A pawnbroker must not allow a pledge, whilst in pawn with him, to be redeemed with a view to his purchasing it (b).

If any person, not being entitled to redeem, and not having any colour of title by law to redeem a pledge, attempt or endeavour to redeem the same, he will be guilty of an offence against this Act (c).

Receipts on redemption of pledges.

A pawnbroker must, if required at the time of redemption, give a receipt for the amount of loan and profit paid to him, in the form No. VI. to the third schedule to the Act (d).

Such receipts are not liable to stamp duty, unless the pawnbroker's profit amounts to 40s. or more (e).

Indemnities to pawnbrokers.

A pawnbroker is indemnified from the consequences of delivering up the pledge on payment of the loan and profit, provided he deliver it to the person producing the pawn-ticket (ƒ); subject, however, to the provisions of the Act.

A pawnbroker is also indemnified for not delivering a pledge to any person, in respect of which pledge a

(a) Ante, p. 79.

(c) Sect. 34, cl. 3. (e) Sect. 15, cl. 4.

(b) Sect. 32, cl. 6.

(d) Sect. 15, cl. 4, and post p. 214. (f) Sect. 25.

F

form of declaration has been applied for, in consequence of the pawn-ticket having been lost or stolen, until the expiration of the three days after such application for a declaration (g).

A pawnbroker is also indemnified for delivering the pledge, or otherwise acting in conformity with the declaration, unless he has actual or constructive notice that the declaration is fraudulent, or false in any material particular (h).

Renewals of loans on pledges.

The Act contains no provision as to renewals of loans on pledges. Therefore the customary usage of the trade may be adopted,-whereby, at any time before the expiration of twelve calendar months, from the day of pawning, the pawner, on paying the profit and charges on the pledge; and thereby constructively redeeming it, may renew the loan and re-pledge the pawn, by taking out a fresh pawn-ticket; provided the pawnbroker consents thereto.

Sale of pledges by public auction.

All pledges pawned for more than 10s., which are not redeemed within a year and seven days from the day of pawning, may be sold and disposed of by public auction, but not otherwise (¿).

If pledge insufficient to pay loan.

If the things pawned do not realise sufficient to pay

(g) Sect. 29, cl. 3.

(2) Sect. 19.

(h) Sect. 29, cl. 4.

the loan and interest, the deficiency will continue as a personal charge on the pawner, and may be recovered in an action of debt ().

Pawnbrokers not liable for defect of title to unredeemed pledges.

A pawnbroker who sells a chattel as a forfeited pledge, merely undertakes that the subject of the sale is a pledge and irredeemable, and that he is not cognisant of any defect of title to it.

Where a harp was pledged with the defendant, a pawnbroker, by a party who had no title to it, the defendant being ignorant of that fact, sent it for sale to an auctioneer after the expiration of the time for redemption. The auctioneer, describing the sale as consisting of unredeemed pledges and other effects, sold the harp to the plaintiff, who, having been compelled to restore it to the true owner, brought an action against the defendant on an alleged breach of title to sell, and for money had and received. But it was held, that as the auctioneer had no authority to sell the harp except as a forfeited pledge, the defendant was to be considered as selling that right only which he himself had; and as undertaking merely that the article was a forfeited pledge; and that he was not cognisant of any defect of title (1).

It appears from the reports of this case that the

(k) South Sea Co. v. Duncombe, Str. 919, 2 Barnard, 48.

(1) Morley v. Attenborough, 3 Ex. 500, 18 L. J. Ex. 151, 19 Jur. 282; and see Chapman v. Speller, 14 Q. B. 624, 19 L. J. Q. B. 239; Eichholtz v. Bannister, 13 W. R. 96.

plaintiff could have recovered back the purchase money on the count for money had and received, as upon a consideration that had failed, if there had been a mutual understanding that the bargain should be rescinded provided the seller should prove not to have a good title.

Regulations as to auctions of pledges above ten
shillings.

1. The auctioneer must cause all pledges to be exposed to public view.

2. He must publish catalogues of the pledges, stating

(1.) The pawnbroker's name and place of business. (2.) The month in which each pledge was pawned. (3.) The number of each pledge as entered at the time of pawning in the pledge book.

3. The pledges of each pawnbroker in the catalogue must be separate from any pledges of any other pawnbroker.

4. The auctioneer must insert in some public newspaper an advertisement giving notice of the sale, and stating

(1.) The pawnbroker's name and place of business. (2.) The months in which the pledges were pawned. 5. The advertisement must be inserted on two several days in the same newspaper, and the second advertisement must be inserted at least three clear days before the first day of sale.

6. Pictures, prints, books, bronzes, statues, busts, carvings in ivory and marble, cameos, intaglios, musical,

mathematical, and philosophical instruments, and China, sold by auction must be sold by themselves, and without any other goods being sold at the same sale, four times only in every year (that is to say) on the first Monday in the months of January, April, July, and October, and on the following day and days, if the sale exceeds one day, and at no other time (m).

7. Where a pawnbroker bids at a sale the auctioneer must not take the bidding in any other form than that in which he takes the biddings of other persons at the same sale; and the auctioneer on knocking down any article to a pawnbroker must forthwith declare audibly the name of the pawnbroker as purchaser.

8. The auctioneer must within fourteen days after the sale deliver to the pawnbroker a copy of the catalogue, or of so much thereof as relates to the pledges of that pawnbroker, filled up with the amounts for which the several pledges of that pawnbroker were sold; and authenticated by the signature of the auctioneer.

9. The pawnbroker must preserve every such catalogue for three years at least after the auction (n).

As to pledges for loans above 10s. the pawnbroker must bona fide cause all such pledges pawned with him to be sold by public auction, according to the preceding regulations: and after such sale he must enter in the sale-book (o) from the auctioneer's signed

(m) This clause is similar to section 18 of the repealed statute 39 & 40 Geo. 3, c. 99.

(n) See fifth schedule, post, p. 216.

(0) See form No. III. in third schedule, post, p. 212.