3 April 1804

Forthcomingness

Ch.7[?] Appearance Extraord.

§.1. 1. Pledges

Ch.7. - Extraordinary Securities for the Appearance of Witnesses.

§.1. Exaction of pledges.

1. Exaction of pledges - or in the language of the English law finding[?] security. Pledges are distinguishable and distinguished into real and personal. A real pledge for the performance of any act is understood to be given, when a mass /portion/ of the matter of wealth to a value looked upon as sufficient, is deposited in hands regarded as trustworthy to this purpose, on condition that if the act be performed in due manner and due time such portion shall be restored to the depositor; in the opposite case, otherwise disposed of, in part or in the whole, for example, made over, on the score of satisfaction, to the party prejudiced by such negative offence/failure/. The most obvious, because in general the most convenient shape that can be given to such pledge, is that of a sum of money. But nothing hinders but that it may be given in the shape of any specific article or mass of the matter of wealth, moveable or immoveable.

The employment of an immoveable article for this purpose, when the individual happens to be so provided is attended with this advantage, viz. that in this case the inconvenience /vexation/ and damage /expense/ which is apt to be attendant on a /any forced/ change of position may in general be avoided. The process may be sufficiently answered by a decision declaring the article to be untransferable during its continuance in the character of a pledge, provided that the /such/ untransferability be sufficiently notified to prevent / obviate/ that species of fraud which consists in pretending to transfer an article legally untransferable for the purposes of embezzling the price received for it.