2 0 Ó IP A W N :S.
A claim of
right efta-
blilhed in a
feparablepart
of a pledge
does not annul
the contrail
with re-
fpetl to the
■ remainder.
Occupancy,
lo as to ob-
ftrafl a-delivery
of the
pledge to the
pawnee, prevents
his becoming
re-
fponfible for
it.
B ook X I .V I I I
msfpeft to'valuables depofited in a houfe; for thefe not being appendages
to thé houfe are not included in the pledge, unlefs they be esprefsly
ftipulated. Grain, however, and herbs are confidered as included,
in cafe of their ground being pawned; but not in cafe of the fale ofit.
■ Buildings, alfo, and trees, are included in the contract of pawn,
when the ground or villages to which they belong are pledged.— A
.perfon may alfo lawfully pawn -a houfe, together with whatever it
.contains.
If another perfon prove his right to part of a pledge, and the remaining
part be of fuch a nature that it might with propriety be dif-
tinctly pawned, (as where another proves his right to the court-yard
only of a pledged houfe, without the building,') the contract ftill fub-
fifts with-refpedt to the-remaining part; in other Words, i f the refidue
be deftroyed in the hands ofrthe pawnee, his debt "Is divided between
fuch refidue and the value of what had proved the right of another;
and the proportion which the refidue bears to the whole is ftruck off
from the debt, .and that which the other part bears to the whole remains
due from the pawner *■ , If, on the contrary, the refidue be of
fuch a nature that it cannot be feparately pawned, (as where another
proves a right to a pledged houfe without its court-yard,) the contraft
of pawn becomes abfolutely void; for it cannot operate upon any thing
except what remains after deducing what has proved the right of another;
and fuch refidue is incapable of being pawned.— It is to be
obferved that the continuance of the pawner, or;of his goods, in the
houfe which he/has pledged are obftructive of a regular delivery o f the
houfe;— in other words, i f a perfen pledge or mortgage his houfe,
and remain himfelf, or keep his goods therein, a delivery to the
pawnee is not eftablifhed until he evacuate it, or withdraw his goods
therefrom; whence, if it be deftroyed in the interim, the pawnee is
* The mode of calculation, in this cafe, will be exhibited in a note in the laft feflioh
of .this book.
not
.Chap. II.. P A W N S .
not anfwerable.— In the fame manner, the continuance of any thing
within a pledged veflel is repugnant to the delivery of i t ; and fo like-
wife the continuance of a burden on a pawned quadruped,— whence
the contraft is not complete until the burden be taken off, as the' animal
otherwife continues occupied. It is different where the burden is
pawned and not the animal-, for in this cafe the contraft is valid, and
the burden is pledged immediately upon the pawner delivering over
the animal,, it'being occupied by the burden, not the burden by it;
in the fame manner as where things-contained in a-houfe or veflel are
pledged without, that houfe or veflel.— It-, is- otherwife, however,,
where a.perfon pawns a faddle or bridle upon a-camel, and delivers the
camel to the pawnee; for in that cafe the contraft is not valid until
the faddle or bridle be taken off th e camel, and delivered feparately to .
the pawnee; thefe being dependants of the camel,, in the fame manner
as fruit is. a dependant of the tree;— whence it is that (as lawyers .
have remarked).whenever a.camel is pawned with a faddle or bridle on
it, thefe are likewife included in the contraft, although not particularly
fpecified.
I t is noflawful to take pledges for trujls, fuch as depofits, .loans; Pledges can-
or Mozdribat, or partnership flock ;— in other words, if a perfon com- for
mit his good& in truft to- another, taking, a pledge -for the fame;.it is
invalid, as the. receipt of the pledge would fubjeft the. receiver to re* -
fponfibility; for if the pledge were deftroyed in,his hands, his claim
would be extinguifhed in a degree proportionate to the value.— In
ftiart, it is requisite that fomething lie againft-the pawner of a nature
to fubjeft-him to refponfibility, in order that, oppofed to it, the pof-
feffion of>the pledge, in the event of its deftruftion, may fubjeft the
pawnee to refponfibility, and operate as a difcharge of his claim; but
there is no refponfibility with refpedt to trujls, ,
I t is not valid to take a pledge for articles which do not fubjedt’ n0r for.anjr
the holder to refponfibility,—fuch, for inftance, as an article fold,-
* * J 1 9 lured with h
and