CHAM NAM OK PLEDGES, 
391 
ponsihle. But if he will swear that they were stolen or destroyed 
by inevitable accidents, such as fire, war, inundation, and the like, de¬ 
livery is not always insisted on in a Court- It will appear from the 
features of the case whether the depositary had lost any of his own 
property at the same time, and his carelessness in protecting the 
charge will be taken into account. 
CHAM NAM OR PLEDGES. 
For these a written agreement is made out, which must be sealed 
in presence of witnesses, and it generally specifies what accidents 
will be considered as preventing restitution. But otherwise losses 
must be made good by the depositary. The rates of interest are 
not altered from those established bylaw, whether they are for loans 
on security of property, or personal security only. 
If the pledge is to be used by the Depositary the debtor does not 
pay any interest. If the pledge is a slave-debtor, the labor he af¬ 
fords is considered sufficient to compensate for interest of money lent. 
As pledges are in most instances of greater value than the sums lent, 
it follows that the depositary has seldom occasion to sell them in 
default of payment by the debtor. 
Any injury sustained by a pledge which has been used by the de¬ 
positary must be made good by him. 
The depositary may not sell a deposit without consulting the debt¬ 
or. But at any time he may mortgage or pledge the deposit to a 
third person, without informing the debtor, he being himself respon¬ 
sible for any damage it may sustain. A debtor, by giving notice to 
the headman of the district, may take back his pledge when redeem¬ 
able, should the depositary be absent. The first possessor of a pledge 
has the right to the greatest share of a debt, should the debtor have 
made a contract with a second person on the same pledge. But as the 
creditor is generally put in actual possession of the pledge, it is the 
fault of the second person if he be deceived. The law however divides 
it betwixt them, the first receiving two thirds , and the other one 
third , while the debtor is punished with a cudgelling. But should 
the first depositary have received the cash in hand, then the second 
