and^Tenceaf- af'terwarfJs difcharged the debt, the pledge be completely deftroyed in
ingfromfuch the hands of the pawnee before reiteration, in that cafe the pawner is
not refponfible; for when he concluded the pawn he became exempt
M H from refponfibility, notwithftanding he had previoufly enjoyed the
ufufrudt; fince although he at firft tranfgrefled, yet he afterwards retraced,
and adted m conformity with the intention of the lender. In
the fame manner, i f the pawner, after having redeemed the pledo-e,
employ it in fervice, without occafioning any detriment to it, and it
be afterwards deftroyed by fome unforfeen contingency, he is not re-
fponfible; becaufe the term o f the loan having expired upon the redemption
of the pawn, he is no longer a borrower, but becomes from
that period a trujlee-, and although, in taking the fervice'; of the pawn,
he was guilty of a tranfgreflion, yet as he afterwards retraCed and
conformed to the intention o f the lender, he becomes thenceforth free
from all refponfibility. It is otherwife in the cafe of a. perfon who
has borrowed any thing not with an intent to pawn it; for his feizin,
being derived merely from the loan, is not therefore the fame as that
o f the proprietor, to whom he is confequently bound to reftore the
thing which h e borrowed. In the cafe, on the contrary, of a loan
with intent to pawn, when the thing is pawned the objedt o f the
lender is obtained; for his view is to have recourfe to the borrower;
that is to lay, that when the pawn is deftroyed in the pofleffion of
the pawnee, and a difcharge of debt thereby proved, he may take
from the borrower a fum adequate to what he is held to have dif-
charged by the lofs of the pawn : wherefore if it be deftroyed in the
hands of the borrower, without a tranfgreflion on his part, he is not
refponfible,
A pawner the pawner kill the Have whom he had pledged, he is refponfible
fhfpkdgl for the vaIue 5 becaufe by the murder of the flave he deftroys the right
is refponfible o f the pawnee, which is facred and inviolable; and a rio-ht of this nato
the pawnee . . . i . , r _
for the value; attacmng to the property or any perfon, renders him [the proprietor]
the fame as a ftranger with refped to refponfibility; like the
connexion]
connexion of. the right of the heirs with the property of a dying per-
fon, which.prevents the effedt o f his gratuitous adts in any thing beyond
the third of his eftate; or like the'connexion of the- right o f a
legatee with the legacy bequeathed to him, which, i f the teftator’s
heirs fliould deftroy the article [bequeathed to him in legacy,] renders
them refponfible for the value as a fubftitute.
If the pawnee commit any offence upon the pledge*, a fum is* andfoinpro-
remitted from his debt equivalent to the atonement for fuch offence; anyinjlir^he
becaufe the fubjlance o f the pledge belongs- to the proprietor [the “ ay do to it.
pawner;] and as the pawnee has tranfgrefled upon it in this in-
flance, he is confequently refponfible to the proprietor for having
fo done.'
If a pledged flave be guilty o f an offence againft the pawner, either Any finable
in perfon or property, fuch- offence is o f no account,-— that is to fay, mitred by a"'
is not attended with any effedt;— and in this our dedtors'have r been PIedSed. flave 1 rr • i B , * upon either .
unanimous ; ror as the orrence is here committed by the property on t^eperfon or
the proprietor, the cognizance of it would tend to no advantage. (By
the offences here alluded to is to be underftood merely fuch as induce. noaccount'
fn e, not fuch^as qccafion retaliation.)
If a pledged flave be guilty of an offence againft the perfon of the -nor fuch of-
pawnee, this likcwiie (in the opinion of Haneefa) is o f no account.— ShtedtyhLn
The two difciples have judged otherwife.— T h e argument adduced by
them is that as, in this cafe, the offence does not affedt the propri-
etoi, an advantage may be derived from a cognizance of it, fince the
flave may be made over [to the pawnee] in reparation of the injury._
The offence is therefore of account in this inftance; and fuch (according
to them) being the cafe, it follows that i f the pawner and pawnee
* Such as by maiming, or otherwife*
K k 2 concur