anonymous pasch W m B R ld raym c pawnbroker ante contra if a pawnbroker  refuse upon tender of the money to redeliver the good pledge he may be indict  for be secret pawn it may be impossible to prove a delivery in trover for want  of witness per holt c j and Eyre I vadium a pawn or pledge in this case the  pawnee have a property for the thing be a security to the pawnee that he shall  be repay his debt and to compel the pawner to pay it now if the pawn be  somewhat that will be the worse for wear as clothes c the pawnee can use it  but if it be somewhat that will not be the worse for wear c as jewel c the  pawnee may use they but then it must be at peril for if the pawnee be rob in  wear they he be answerable and the reason be 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  the use occasion the loss vide Owen but if the pawn be lie up and the pawnee  be rob the pawnee be not answerable also if the pawn be of such a nature that  the keep be of charge to the pawnee as if it be a cow or a horse the pawnee  may milk the cow or ride the horse and this be in recompense of the keep  Salkeld if a creditor take a pawn 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 for there be no default in he and in case the pawn be lose 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 use a ordinary care  for the restore the good if a pawn therefore be lose before tender the pawnee  be not liable unless there be default in he but if after tender the pawnee  keep the good and they be steal the pawnee must answer for now his property be  determine and he be a wrongful detainer and he that keep good by wrong must  answer for they at peril in all event for his detainer be the reason of the  loss deliver per holt c j in the case of clog and Bernard a Trin Ann b e a  vide the principal point in this case salk the very elaborate and celebrate  argument of Lord chief justice holt in ld Raymond where above and sir wm Jones  treatise on bailments per Lord Kenyon hill g clog and Bernard be a case of the  very first authority poor poor rate vagrant c vide title order session