be required to produce it upon demanding his debt ; for as the money
is a commutation for the pledge, it is therefore a fubftitute for it. It
is to be obferved, however, that in the above cafe the pawnee has
a right to the poffeffion of the purchafe-money ; for as he himfelf
made the fale, the rights of the contrail confequently appertain to
him.
He mult pro- I n the fame manner as the pawnee is required to produce the pledge
ceiving a when he is about to receive payment of his debt in full, he is alfo re-
inent as'well ffihred to produce it when he receives part payment, provided the
as in cafe of a term ftipulated be expired; becaufe his thus producing it can be of no
charge.'' dl prejudice to him, whilft at the fame time it ferves to diffipate any ap-
prehenfion of the lofs o f the pledge which may have arifen in the
mind of the pawner. T h e pledge, however, is not to be reftored
until a complete difcharge be made. If, alfo, the pledge fhould have
been fold by the pawnee, and the purchafe-money taken poffeffion of
by him, he is required to produce fuch purchafe-money upon demand-
ing payment of his debt, or of part of it, in the fame manner as he is
required to produce the pledge itfelf, in cafe of its being extant, as
the purchafe-money is a fubftitute for the pledge.
If a perfon fhould, by mifadventure, kill a pawned flave, and the
magiftrate decree the value of fuch flave to be made good by the Akilai
of the flayer within the term of three years, the pawner muft not be
compelled to difcharge the pawnee’s debt until he [the pawnee] fhall
have produced the full value of the flave; for, in this cafe, the value
is a fubftitute for the flave who was in pawn ; and it is confequently
incumbent on the pawnee to produce the whole of his value, in the
fame manner as he is required to produce the whole pledge where it is
extant. Here, moreover, the pledge has not become converted into
value by any adt of the pawner;.— whereas, in the cafe formerly ftated,
(namely, where the pawnee fold the pledge at the delire of the
pawner
pawner without poffeffing himfelf of the purchafe money,) the pledge
was converted into debt by the adh of the pawner, fince he inverted
the pawnee with a power of difpofal. There is confequently an ef-
fential difference between thefe two cafes;— whence it is that, in the
prefent inftance, it is incumbent on the pawnee to produce the value
received for the Have, whereas, in the former cafe, he is not required
i to produce the pledge, nor yet its price, as of that he had never received
pofleffion.
If the pawner deliver the pledge into the hands of a trujlee, ordering
him, at the fame time, to refign it in charge to fome one elfe
than the pawnee, and he accordingly do fo, in that cafe the pawnee
is not required to produce the pledge upon demanding payment of his
debt, for this is rendered importable, from its not having been intruded
to his cafe, but to that o f another.— If, alfo, the truftee,
I having committed the pledge into the hands of one of his relations,
I fhould then abfcond, and the perfon to whom it was given acknowledge,
upon its being demanded from him, that “ he had indeed re-
1 “ ceived it in truft, but was ignorant of the real proprietor,” the
j pawner may be compelled to difcharge his debt, without the pawnee
being required to produce the pledge, as he had never received i t ;—
(and the fame rule alfo holds, where the truftee abfconds, carrying
the pledge along with him, without its being known whither he is
gone.)— If, on the other hand, the truftee deny the goods entrufted
j to him to be a pledge, afferting that “ they are his own property,”
the pawnee cannot take any thing from the pawner until the contrary
be proved; becaufe the denial of the truftee is tantamount to a deftruc-
tion of the pledge; and when a pledge is deftroyed, the pawnee is
Confidered as having received payment of his debt, after which, he is
no longer at liberty to. claim it.
I f
Cafes in
which he is
not required
to produce it.