The Statesman.
London, England, 1822-01-24 00:00:00

Lilir INTEL LIGENCt.
tti`OURT OP CHANCERY, JAN.I3.
This bring the Ant day of Misty Tees, theJadirse
rime to Linesla's las Hall shortly after II o'clock.
sod bad the anal 'sterols, with the Leas Carlow's,-
Lon. They retired about half-past twelve, sad his
Lordship took his seat*. the Bench. whoa Mellfte.
ADAM, PULLCN. sad TAUNTON were directed to take
their seats withis the Bar, his Majesty halo{ bees
pleased taappoiat theta King's Coassel. Having re-
ceived*. answer to a isevdos whether they had say
tootles to make is the negative, the Learned Geode.
men retired.
His Lordship Was occupied until halfitast two is
leads, Camel is a Welsh Road or Railway case, of
no public Interest.

I

COURT OF IMO'S BRNCH.-JAI. 23.

This being the ant day of Hilary Term, the Judges
cans In procession to the Mists, and took tbeir grow
wilds the usual form.
The state of the Pealtelpiar:y. MI was report-
ed to the Judges, according to law.
via arassnat, on ran u►asaausA.

In obeditoos,bt 144 of Court, made the lest day
•
of Michaelmas Totes, Toledo, to the residence
of the Marshal of the King's Bench Prison, Mr. Jones
reported this be had adopted measures for repairing
, his.losses adjoielag the ',M.. and that he expected
it world he quite ready fee the reception of himself
a*, family leag before tbe next Term. Derieg the
time the repairs hod bees going on, be had reserved s
sleeping mein al other acesmosedation for the pee.
pose of bales able to awed to the ditty of the prises
s , vil in pewee, nod had been absent during November. De.
Maher. .'d the first week in January, oily eleven
Arleta. •
1%. Leas Cams Jurnce directed a Rale te he
Owe up, calling we the Menial to make a Ambit
report te the Court we the lint day of next Term.
:ma's cousszt.
The Loa. Cater Justice addressed Messrs. Teem
toe, Pollee, Stedwell, Adam, and Series. and sear
eranicated to such, that hi. Majesty bad been phissill
to appelet him one of his Counsel learned in the law.
They then took their seats is form before the Bar.
PAWNBROKERS.

WALTIII V. SMITS.
.• UV. Clunwsv moved to sat aside the verdict in this
• cam for the plaintiff, and eater a *tomtit. It was an
medal is 'rover, brought by an Attorney against a
pawnbroker fir not restoring a pledge. It appeared
that the plaintiff pledged a watch for two guineas, and
sent to redeem it after twelve months and a day bad
expired. The defendant refaced to deliver it, on the
ground that the pledge was forfeit, and liable to be
sold acceding to the provisions of the Act of Par-
lispent. Mr. Gunny now conteaded that the Plain-
tiif moat be immeshed, as the time bad expired when
he bad to redeem the pledge. The action upon
Adds

1

i

power to .-
..- the question arose was the 39th and 40th of
Oee. 111. cap. 99. In the 17th section it Is enacted
that the property pawned or pledged shall be deemed
forfeited. sad may be sold at the expirstioa of owq
tear. exclusive of the day es which t►e goods were
pledged.
Judge Ban.ay.—This watch had not been sold, hot
embalmed In the heads of the defendant.
Mr. Cuellar —*Mil I submit that it was slier a year
and a day when the application fur redemption wee
made. 'and that the plaintiff had no power to redeem it.
Judge Barter—The Act states that goods are for►
flit and liable to be mid ; that means, that the pawn-
Lroker shall be warranted in selling, in cue they are
not redeemed and the expenses paid.
Mr. Ouse:sr said a subsequent clause allowed the
party to give notice to the pawnbroker before t►e ex-1
- Oration of twelve menthe, not to sell, and i■ case of
notice the party was allowed three maths ia addition
to the twelve. The pawnbroker was also directed to
prepare fur a sale by catalogue and advertisement, and
the Court would see that his situation would be tie
of great difficulty if the owner could redeem therms&
before sale.

Judge Hamm—Would the pawnbroker have been
entitled to sell, if all the expense, as well as principal
and interest, bad been tendered? I think not.
Mr. Guaxav—The Act has fixed twelve months and
a day for the redemption of goods, and if they are not
redeemed within that time, I submit they are forfeit.
Judge Hat Lev—Yon may prepare for sale, presum-
ing they are forfeited, but you are liable to be stopped
from selling.
Lord Cuter Jos-mi.—l think we cannot give to
the word forfeit the effect contended for. The word
forfeit, upon the construction we have heard, implies
that the property is lost, and the absolute right of re-
demption gone ; vas it is manifest by this Act,
that after the property '4144, the ownerisutitled to
any surplus in the hands of the pawnbroker. The
'sale is not forthe sole benefit of the pawnbroker. He
is to sell and pay over to the owner all that may re-
main after he his received principal, interest, and ex
roses. The pawnbroker has a right to put op
goods for sale after the expiration of a year and a
day; bet, if before the sale, the nwner tenders prin.
tipal, interest, and the expenses, the pawnbroker
may restore the goods. He sustains no injury; but
gross injury would he 'lone if he was allowed to sell
for the purpose of obtaining higher interest than
the law allows. Out the whole, I ■m clearly of opi-
nion that tracer in this case can be sustained, and the
application cannot be gr►eted.
Judges BAYLCT, HOLRO% o. and MST, were of the
same opinion, anti Mr. Outings took nothing by his

[IRO C. TOWNSEND.

Mr. CMITTI moral to arrest the judgment in this
ease. It was an action against the Defendant for a
. libel. It was alleged that the Defendant said the
Plaintiff was an informer. and that be had given infor-
mation at the Castnm•house against Mrs. Barber of
Pall-mall, stating that she had contraband goods in her
• possettilm. In conseq f the above report the
Platedlf lost a customer in Mrs. Barber, and was
ather4se injured.
The Jary found a verdict for 20!. damages.
M r.CatirT low contended. that the weeds impu•eJ
to the Defendant were not a libel; bat the Court,
coder all the circumstances, refused to disturb the
verdict.