clog versus bernard Trin Ann see SC ld raym with note salk in this case of  pawn and pledge it be rule by holt c j that a pawnee of any pawn or pledge  have a property in it for the thing deposit be a security to he that he shall  be repay the money lend on it and if thing will not be the worse as jewel c be  may use they but then it must be at his peril for if the pawnee be rob he be  liable to the pawner because it be the use of the pawn that occasion the loss  of it in case a pawn be of such a nature that the keep be a charge to the  pawnee as a cow or a horse be may milk the one or ride the other and this be  as a recompense for his keep but if the thing pawn may be the worse for preach  there it be shut out the parson can be so not to the parson licence licence  holt KB er p use as clothes c the pawnee can use they if the pawn be lie up  and the pawnee rob thereof he be not answerable it be true he be bind to  restore it upon payment of the debt but if his care in keep it be exact and  the pawn be lose he shall be excuse and here the pawnee have still his remedy  for the money against the pawner for the law require nothing extraordinary of  the pawnee but only that he shall take a ordinary care for restore the good  therefore if a pawn be lose before tender of the money the pawnee shall not be  liable unless there be a apparent default in he but if after tender the pawnee  keep the good and they be steal the pawnee must answer because now his  property be determine and he be a wrongful detainer and he that detain good by  wrong be answerable for they in all event a man pawn good for money lend and  afterward a judgement be have against the pawner at the suit of one of holt KB  his creditor the good in the hand of the pawnee shall not be take in execution  upon this jud gment until the money be pay to such pawnee because he have a  qualify property in they where a pawnee refuse upon tender of the money to  redeliver the good be may be indict for be secret pawn it may be impossible  for the pawner to prove a delivery in action of trover for want of witness  peculiar