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Page 44, after line 18, insert-"Knowingly and designedly pawning with a Pawnbroker, the property of another, without the owner's authority," is an offence which will justify a conviction for larceny, if the delinquent's intention was to deprive the owner of his property. But the circumstances may reduce the offence to that of unlawful pawning, punishable by summary conviction, under 35 and 36 Vict., cap. 93, sec. 33, if the pledge was made to raise money for a temporary purpose, with a bona fide intention on the part of the pawnor to redeem the same, and with reasonable expectation of ability shortly to do so. (Reg. v. Phetheon; Reg. v. Wright, 9 C. & P. 552; Reg. v. Medland, 5 Cox's C.C. 292). For the minor offence and its punishment, see pp. 286, 312.

Note, at pages 44, 48, 138, and 274, that within the Metropolitan Police District, the pawnor must still be of the apparent age of 16, though sec. 32, sub-sec. 1, makes 12 the limit of age in the country generally. (So held by Denman and Hawkins, J.J., in Phillips v. Waterfield, May, 1883, (not reported).

Insert at page 83, line 21, and also at page 250, line 8:-"On the same principle, the liabilities of a pawnee may sometimes be less onerous than those of a mortgagee. The endorsement and delivery of a bill of lading as a pledge, does not pass to the pawnee the general property in the goods represented thereby, so as to make the pawnee liable to the shipowner for unpaid freight by virtue of 18 and 19 Vict., cap. 111, sec. 1." (Burdick v. Sewell, L.R. 10 Q.B.D. 363, 52 L.J. 428 Q.B.D., 48 L.T. N.S. 705, 31 W.R. 796.) Contra, when the transfer is absolute, or by way of mortgage.

Page 86, line 21, for "heir," read "hirer." Add to line 23, "The fact that the goods have been obtained by felony, for which the offender has not been prosecuted, is not ground of nonsuit,"-(Wells v. Abrahams, L.R. 7 Q.B. 544, 41 L.J. 306 Q.B., 26 L.T. N.S. 433, 20 W.R. 659)—“ nor of demurrer, though possibly, for a summary application to stay proceedings "(Roope v. D'Avigdor, L.R. 10 Q.B.D. 412, 48 L.T. N.S. 761.) Page 125, line 2, for "pawnee," read " pawnor."

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Page 158, add to line 13-" A pawnee who proceeds to sell after tender. of the sum due, may be restrained by injunction." (Exp. Cotton, L.R. 11 Q.B.D. 301.)

Page 165, add to line 15, "These rules apply to pledges of choses in action, as well as of chattels, and render sale or transfer before default wrongful." (France v. Clark, L.R. 22 Ch. D. 830, 31 W.R. 374, 48 L.T. N.S. 185.)

Add, at foot of page 170, "But if the Court gives a [pawnee or other] person in a fiduciary position, leave to bid for the [pawn or other] security at an auction sale, he is thereby put at arm's length, and may bid and buy as an ordinary purchaser." (Boswell v. Coaks, L.R. 23 Ch. D. 303, 31 W.R. 540.) Page 203, add to line 9, "nor will an assignment of future assets defeat the trustee's claim to such as accrue after his appointment.” Nicholls, re Jones, L.R. 22 Ch. D. 782, 52 L.J. Ch. D. 635, 31 W.R. 661, 48 L.T. N.S. 492.)

(Exp.

Page 217, after line 2, insert, "But furniture in the possession of an ordinary householder, though let on hire to him, will pass to his trustee in bankruptcy or liquidation, as being in his order and disposition." (Exp. Brooks, re Fowler, L.R. 23 Ch. D. 261, 52 L.J. Ch. D. 635 (in C.A.)

Page 246, after (b), line 4, "but when Railway shares were transferred as a security, with power of sale on default, the lenders were held entitled to foreclose.' (General Credit and Discount Co. v. Clegg, 22 Ch. D. 549, 52 L.J. Ch. 297, 48 L.T. N.S. 182.)

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Page 256, line 23, for "motive," read "question."

THE FOLLOWING ARE CONSEQUENT UPON THE BANKRUPTCY ACT, 1883.

(46 & 47 VICT., CAP. 52.)

The changes made by this Act chiefly relate to details of Bankruptcy administration, for which some work on Bankruptcy should be consulted. The Act does not affect the principles previously recognised by the Courts, as to the rights of secured creditors of a bankrupt estate. Antecedent decisions on such questions are therefore, for the greater part, still applicable. But some important changes in the practice on realization of securities are made by rules in the Second Schedule to the Act, and which are given below.

For the list of acts of Bankruptcy on pp. 199, 200, and 350a, substitute the following (46 and 47 Vict., cap. 52, sec. 4) :

A debtor commits an act of Bankruptcy who

:

(a) Assigns his property to trustees for the benefit of his creditors generally (re-enacting 32 and 33 Vict., cap. 71, sec. 6, sub-sec. 1).

(b) Fraudulently conveys, gives, delivers, or transfers, all or any part of his property (Ibid., sub-sec. 2).

(c) So conveys, transfers or charges any of his property as to constitute a fraudulent preference in Bankruptcy.

(d) Departs or remains out of England, or departs from his house, or otherwise absents himself, or begins to keep house, with intent to defeat or delay his creditors (Ibid., sub-sec. 3), which included also, "suffered himself to be outlawed."

(e) Suffers execution by seizure and sale of his goods under process in an action in any Court, or any Civil proceeding in the High Court. (Limited by 32 & 33 Vict., cap. 71, sec. 6, sub-sec. 5, to traders who had suffered execution by seizure and sale for the purpose of obtaining payment of not less than £50.)

(f) Files in Court a declaration of insolvency (re-enacting 32 & 33 Vict., cap. 71, sec. 6, sub-sec. 4), or presents a Bankruptcy petition against himself.

(g) Fails, within 7 days after notice under the Act, to pay, secure, or compound for, a judgment debt for any amount, or to satisfy the Court that he has a set-off, or counter claim, of equal amount which he could not set up in the action in which judgment was obtained. (Substituted for 32 & 33 Vict., cap. 71, sec. 6, sub-sec. 6, which enabled the creditor to proceed by debtor's summons in Bankruptcy, when the debt was not less than £50, on 7 days' notice against a trader, and 21 days' notice against a non-trader.)

(h) If he gives any creditor notice of actual or contemplated suspension of payments.

All the above provisions apply equally to traders and non-traders.

For the provisions of 32 & 33 Vict., cap. 71, sec. 12, as to suspension of other remedies when Bankruptcy supervenes, (see p. 200, and p. 350b, sec. 12), substitute

On presentation of a bankruptcy petition, the Court may (46 & 47 Vict., cap. 52, sec. 5) make a Receiving Order for protection of the Estate, and for appointing (sec. 9) an official Receiver thereof, after which no creditor

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