fawner, which would exempt him from all further obligation to the
pawnee.
R e p l y .— As the pawnee firft pays the compenfation, he firft
~ becomes proprietor of the Have from the time of pofleflion; and
when, afterwards, he retakes that fum from the pawner, his property
in the Have is annulled, and the fawner becomes proprietor
o f him. T h e faudner’sproperty in the Have, therefore, takes place,
in this inftance, fojlerior to the contra dt of pawn, (the pawnee
having, as it were, fo ld the Have to the pawner, and received the
price for h im ;)— and this debt to the pawnee remains again!!
him as before,— whence the pawnee is entitled to take it from
him. It is otherwife in the former alternative, (where the owner
takes the compenfation from the pawner;) for in this cafe the
pawner becomes proprietor from the time of the Have being in his
poffeffion, (which was prior to the Contract of pawn,) whence it
may be faid that he merely pawned what was his own;— and
upon the Have dying in the pawnee’ s hands, he Hands acquitted
of his debt, which the pawnee, therefore, cartnot afterwards claim
from him.
C H A P .
C H A P . IV.
Of the Power over Pawns; and of Offences committed
by or upon them.
I I f the pawner fell the pledge without the confent of the pawnee, A pledge
I the fale remains fufpended upon his will, becaufe of his right being foiTwithoot
I involved in the pledge, notwithftanding fuch fale be an act of the tlle Pawnee s
I ' " , f ■ % . . content;
I pawner with refpedt to what is his own property; in the fame man-
■ ner as where a perfon bequeaths the whole o f his eftate, in which cafe
I the legacy is fufpended in its effedt, with refpedt to the excefs, above
■ one' third, upon the confent of his heirs, becaufe of their right being
■ connedted therewith. If, therefore, the pawnee aflent to the fale,
I it is valid; for it was before fufpended only on account of his right,
I which he here confents to forego;— and it is alfo valid if the pawner
I difcharge his debt; for the fale is an ad! of the proprietor upon his pro-
I perty, being fufpended in its effedt only becaufe of an obftacle*, which
I obftacle is here removed -f\— In the former cafe, upon the pawnee
I having given his confent, and the fale having been thereby rendered
■ valid, the right of the pawnee is transferred from the pledge to the
I thing given in exchange, namely, the price,— which, in the cafe
I here confidered, then becomes a fubflitute for the original pledge.
I This is approved; becaufe the right of the pawnee is conrtedted with
I the worth of the pledge ; and the return is in effedt the fame as the
Namely, the pawnee’s right connected with the pledge.
I t By the difcharge of the debt, which of couife difengages the pledge from any claim
I the pawnee might otheryfife have upon it.
5 confideration',