conjiderat'ion;— this being analogous to where an indebted flave is
fold by the confent of his creditors; in which cafe their right is tranf-
ferred from the Have to the value received for him, as they are fun.
pofed, in aflënting to the fale, to have agreed to the transfer of their,
right from the flave to the value, but not to the total abolition of it.
I f the pawnee refufe his affent, and annul the contract of fale, it is
null of courfe, (according to one tradition,) whence, if the pawner
redeem the pledge, ftill the purchaser is .no! at liberty to take it; for
as the right of the pawnee is equivalent to his adfual property, he
therefore ftands the fame as the proprietor of the pledge ;— (whence
his power of acceding to, or annulling the contract of fale.) According,
however, to a more authentic tradition, the pawnee,ha's not the
power of annulling the fale; for his right can luilain no detriment, a?
the fale cannot, at all events, be carried into execution until he affent
to it,. T h e execution of the file, therefore, being,in this manner
fufpended, thé purchafer has the option of waiting until the pawner
may redeem the pawn, and refignit. to him conforrhable to the/con-
traft, or of carrying the matter before the Kfaêè\ for the feller has it
not in his power,to deliver the goods,,'and the power of diffolving the
contract reft? with the Kd%ee alone; this being fimilar to where a flave,
having been fold by his maffer, elopes before the purchafer' has received
pofleffion of him, in which cafe the pufchafer may either’wait until
the flave return, or he may prefer a complaint to the Kdzee, in order
(as the feller is incapable of delivering the goods) to obtain an annulment
of the contrail,
who, if the If the pawner fell * the pledge without the confent of the pawnee,
more than and again, before the pawnee has fignified his affent, fell it to another
tfy’e h h perfon, in that cafe whichever of thefe two contrails the pawnee
fale, may confirm is valid; for as the firfl fale is dependant on the confent
* T h e fale here mentioned does not fignify m abfolute, but a .conditional fale, depend-,
ing, for its ratification, upon the pawnee’ s concurrence, as before mentioned.
Chap. IV, P A W N S .
of the pawnee, it cannot prevent the fecond from being fo likewife.
If, therefore, the pawnee chufe, he may ratify the fecond fale. If,
on the contrary, the pawner, after having firfl fold the pawn as
above, fhould let, give, or pawn it to another perfon, and the pawnee
give his confent to fuch' leafe, gift, or pawn, the fale which preceded
either of thefe deeds is valid. The difference between thefe tvvo cafes
is, that in the'firfl (where one fale-is made after another) the pawnee
may derive an advantage from confirming either of them, (as his right
lies, in the price,) and whichever, therefore, he approves is valid.
In the cafe of a leafe or gift, on the contrary, no advantage can accrue
to the pawnee, as his right lies in the return for the article, not in the
ufufruQ. If, therefore, the pawnee approve of either of thefe, he
by confequence impliedly affents to the abolition of his own right; and
the previous fale (which was fufpended on his confent only becaufe of
his right) becomes valid of courfe.
I t is permitted to a pawner to emancipate the flave whom he has
depofited in pawn; for as he is fane and adult, he may of courfe
render free his own'property, which the pawn indifputably is. . As,
moreover, the contrail of pawn does not induce any deftru&ion of
the pawner’s property in the pledge, his a il with refpeit to it is not
rendered void by the pawnee withholding his affent to it, notwith-
ftanding the pawnee’s right (of detention in regard to the worth) be
thereby defeated;— in the fame manner as where the purchafer of a
flave emancipates him without having taken pofleffion; in which-,
cafe the flave is free, notwithftanding the feller’s right (of detention
of the article in fatisfailion for the price) be thereby rendered
null. -
Objection.— I f a perfon bequeath a flave to another upon his
deathbed, and leave no other effects except that flave, and the heirs of
the tellator afterwards emancipate the flave, fuch manumiffion is not
valid, becaufe of the right of the legatee; and hence it would follow
that
A pawned
flave may be
emancipated
by the
pawner,