but not i f it
be loft before
pawn, or after
redemption. *
On difputes
concerning
the lofs o f the
pledge, the
depolition o f
the borrower
is credited
with refpedl
to the perfon
loft in pawn, a fum equivalent to its value is retrenched from the
claim, and the remainder o f the debt is due from the pawner, as no
difcharge of debt is effefted beyond the amount of the value of the
robe; and the pawner isj moreover, indebted to the lender for the
value of the robe, having by means of it made payment of as much of
his debt— If, alfo, the value of the robe be adequate to the amount
o f the debt, and the proprietor be defirous of redeeming his property
on the part of the pawner, by paying the amount, the pawnee is not
in that cafe allowed to objedt to the reftoring of i t ; becaufe the robe
being the property of the lender, he does not, confequently, by redeeming
it, officioufly intermeddle in an affair which does not concern
him; (whence he is entitled to take from the pawner [the borrower]
the fum which he pays towards the redemption o f the pawn;) and
the Kdzee muft therefore compel the pawnee to furrender the robe. It
is otherwife where an unconcerned perfon pays the debt of the
pawner; for as, by endeavouring to redeem a thing which is not his
own property, he interferes in a bufinefs which does not relate to him,
the pawnee is not therefore compellable to furrender the pledge to
him.
If the borrowed article be loft in the hands of the borrower, either
prior to his having pawned it, or pofterior to his having redeemed it,
he is not refponfible; for here he has not accomplifhed any difcharge
by means of the value, which (as we have Ihewn in the above cafe]
■ is the foie caufe of refponfibility.
I f a difpute arife between the lender and borrower after the lofs of
the pledge, the lender afferting that it had been loft whilft in the
hands of the pawnee, and the borrower on the other hand maintain-
ing that it was loft.in his own pofteftion, either before he had pawned
it or after he had redeemed it, the declaration of the borrower, upon
oath, muft be credited, becaufe he is, in this cafe, the defendant^ as
he
he denies having paid the debt by means o f the others property.— If, in whofe
on the contrary, they difagree concerning the amount of the debt to and That
which the lender, had reftrifted the pawning of the robe, the declara- . r ° 5 _ with refpedl
tion of the lender is credited; for as his depofition would be credited to the reftric-
ifh e were to deny the loan itfelf, it follows that where he merely loan! ° the
denies 3 quality of the loan it is credited a fortiori.
If the borrower of the robe pawn it on the faith of a promife,—
that is, on a perfon promifing to lend him a certain fum of money,
and that perfon accept the pledge, and make the promife accordingly,
and the pledge, (which is fuppofed to be equal to the amount of the;
debt) be loft before the pawnee had fulfilled his engagement, he [the
pawnee] is in that cafe refponfible for the fum fo promifed, as a promife
is héld to be the fame as a real debt;— and thé lender is entitled
to receive from the pawner the fum which he takes from the
pawnee.
A perfon receiving
a
borrowed ar-
ticleinpledge
on the faith
o f a promile,
muft pay the
fum promifed
to the pawner,
who again -
pays the fame
to the lender.
I f a perfon lend his Have to another, that he may pawn him, and Thelend erof
the borrower pawn him accordingly, and the lender afterwards eman-
cipate him, he is accordingly free; for the owner’s property in him e®anciPat?
is not deftroyed by the circumftance o f his being pawned. And in ' thllw«»"*
this cafe the pawnee may either receive payment o f his debt from the
pawner, (who is {till indebted to him,) or he may take from the ^ort^eP^ge.
lender the value'of the Have by way o f compenfation, as the right
which he Had in the worth of the Have was deftroyed by the lender
emancipating h i ma n d having thus received the value,' he may retain
it in pawn until fuch time as he obtain payment of his debt, upon
which he muft reftore the faid value to the owner.
If a perfon borrow a (lave or a camel with intent to pawn it, and Theborrower
having firft employed the Have in fervice, or rode upon the camel, he tranfgreffing
then pawn it in fecurity of a debt adequate to its value, and havin°' tide (before
VoL. IV . K t c. t& pawn or after lv K afterwards ■