clog versus bernard Trin Ann ld raym S C comens S c see S C ld raym with note  salk there be a case report by this name in salk which see for it do not  relate to what follow b per holt Ch just vadium a pledge or pawn in which case  the pawnee have a property in it for the thing be a security to he that he  shall be repay the money lend on it now if the thing pawn may be the worse for  use as clothes c the pawnee can use they but if it will not be the worse as  jewel c he may usethem but then it must be at peril for if the pawnee be rob  he be liable to the pawner because the pawn be so far in the nature of a  depositum that it can be use but at the peril of the pawnee and it be the use  that occasion the loss Salkeld er p but if the pawn be lie up and the pawnee  rob he be not answerable if the pawn be of such a nature that the keep be a  charge to the pawnee as a cow or a horse the pawnee may milk the one or ride  the other and this be as a recompense for his keep if a creditor take a pawn  he be bind to restore it upon the repayment of the debt but if his care of  keep it be exact and the pawn be lose he shall be excuse for there be no  defaulting he and where the pawn in such case be lose the pawnee have still  his remedy against the pawner for the money lend for the law require nothing  extraordinary of the pawnee but only that he shall take what care he can to  restore the good upon payment of the money therefore if a pawn be lose before  tender of the money the pawnee be not liable unless there be a apparent  Salkeld default in he but if after the money tender the pawnee will keep the  good and they be lose the pawnee shall be liable because his property be  determine by the tender and he be afterward become a wrongful detainer and be  who keep good wrongful must answer for they at all event at his own peril for  his wrongful detainer be the occasion of the loss where a man pawn good for  money lend and afterward a judgement be have against the pawner at the suit of  one of his creditor the good in the hand of the pawnee shall not be take in  execution upon this judgement until the money be pay to the pawnee because he  have a qualify property in they and the judgmentcreditor have only a interest  and this be agreeable to Southcotts case sacred scripture where a man deliver  good to another to keep safe and they be afterward steal he shall be  answerable for they in a action of detinue because when they be deliver to he  he undertake to keep they safe and therefore he ought to keep they so at his  peril though he have no reward but if he take good to keep they as his own and  they be afterward steal he shall not be liable and the same law if they be  pawn to he because he have a qualify property in they b but these point be  state in a anonymous extract from the same case salk ld raym perjury