t

Pawnbrokers rates further regulated.

Limiting the profits for part of a month.

Pawns to be
entered in
books.

For every pledge upon which there fhall have been lent twelve fhillings and fixpence, two-pence half-penny:

For every pledge upon which there fhall have been lent fifteen fhillings, three-pence:

For every pledge upon which there fhall have been lent feventeen fhillings and fixpence, three-pence half-penny:

For every pledge upon which there fhall have been lent one pound, four-pence: and fo on progreffively, and in proportion for any fum not exceeding forty fhillings:

And for every pledge upon which there fhall have been lent any fum exceeding forty fhillings, and not exceeding ten pounds, at and after the rate of three-pence, and no more, for the loan of every twenty fhillings of fuch money fo lent, by the calendar month, including the current month; and so in proportion for any fractional fum:

Which faid feveral fums shall be taken in lieu of, and as a full fatisfaction for, all intereft due, and charges for warehouse room.

II. And be it further enacted by the authority aforefaid, That in all cafes where any intermediate fum lent upon any pawn or pledge fhall exceed the fum of two fhillings and fixpence, and not exceed the fum of forty fhillings, the perfon lending the fame shall and may take, by way of profit, as aforefaid, at and after the rate of four-pence, and no more, for the loan of twenty fhillings by the calendar month, including the current month, as aforefaid.

III. Provided always, and be it further enacted, That in all eases where the party or parties entitled to, and applying for the redemption of goods pawned, within the space of feven days after the expiration of the first calendar month after the fame fhall have been pledged, he, she, or they fhall and may be at liberty to redeem the fame, without paying any thing by way of profit to the pawnbroker for the faid feven days, or fuch part thereof as fhall then have elapfed; and that in all cafes where the party or parties fo entitled, and applying as aforefaid, after the expi ration of the faid firft feven days, and before the expiration of the firft fourteen days of the fecond calendar month, he, she, or they hall and may be at liberty to redeem fuch goods, upon paying the profit payable for one calendar month, and the half of another calendar month to the pawnbroker; but that in all cafes where the party or parties fo entitled, and applying as aforefaid, after the expiration of the faid first fourteen days, and before the expiration of the faid fecond calendar month, it fhall be lawful for the pawnbroker to demand and take the profit of the whole fecond month; and that the like regulation and refriction fhall take place and be in force in every fubfequent calendar month wherein application fhall be made for redeeming goods pawned.

IV. And be it further enacted by the authority aforesaid, That all and every person and perfons who, from and after the

end

of

defcribing

end of this prefent feffion of parliament, fhall take, by way pawn, pledge, or exchange, of or from any person or perfons whomfoever, any goods or chattels, of what kind foever the fame fhall be, and whereon fhall be lent any fum of money exceeding five shillings, fhall forthwith, and before he, the, or they fhall or may advance or lend any money upon fuch pawn of pledge, enter, or caufe to be entered, in a fair and regular manner, in a book or books to be kept by him, her, or them for that purpose, a description of the goods or chattels which he, fhe, or they hall receive in pawn, pledge, or exchange, and also the sum of money to be advanced or lent thereon, with the day of the month and year on which, and the name and place of abode of the perfon or perfons by whom fuch goods or chattels are fo pawned, pledged, or exchanged, and also the name and place of abode of the owner or owners thereof, according to the information of the perfon pawning, pledging, or exchanging the fame and in all cafes where the money lent on any fuch goods or chattels fhall not exceed the fum of five fhillings, fuch entry fhall be made in fuch book or books, by all and every fuch perfon and perfons fo taking the fame by way of pawn, pledge, or exchange, as aforesaid, within four hours next after the faid goods and chattels fhall have been fo pawned, pledged, or exchanged, as aforefaid; and every fuch perfon fhall, at the time of Pawnbrokers the taking of every pawn, pledge, or exchange whatsoever, give to give a note to the perfon or perfons fo pawning, pledging, or exchanging things pawnthe fame, a note or memorandum, fairly written or printed, or ed. in part written and in part printed, containing therein, in like manner, a defeription of the goods and chattels which he, the, or they have received in pawn, pledge, or exchange, and alfo the fum of money advanced thereon, with the day of the month and year on which, and the name and place of abode of the perfon or perfons by whom fuch goods or chattels are fo pawned, pledged, or exchanged, and alfo the name and place of abode of the owner or owners thereof, according to the information aforefaid, and upon which faid note or memorandum, or on the back whereof, fhall be moreover fairly written or printed the name and place of abode of the pawnbroker giving the fame which faid note or memorandum the party and parties pawning, pledging, or exchanging the faid goods or chattels, hall, and he, the, or they is and are hereby required to accept and take in all cafes, and the pawnbroker fhall not receive and retain fuch pledge, unless the party pledging, or offering to pledge' the fame fhall accept and take fuch note or memorandum; and every fuch note, where the fum lent fhall be less than five fhillings, fhall be delivered gratis; and where the fum lent fhall be five fhillings or upwards, and less than ten fhillings, fuch pawnbroker thall and may take one halfpenny for the fame; and where the fum lent fhall be ten fhillings or upwards, and less than twenty fhillings, fuch pawnbroker shall and may take one penny for the fame; and where the fum lent fhall be twenty hillings or upwards, and lefs than five pounds, the fum of two

X X 2

pence

Penalty agajnft unlaw fully pawning goods the property of others.

pence for the fame; and where the fum lent fhall be five pounds
or upwards, the fum of four-pence, and no more; and which
note shall be produced to the pawnbroker before he or the fhall
be obliged to re-deliver the respective goods or chattels, except
as herein-after is excepted.

V. And be it further enacted by the authority aforefaid,
That, from and after the end of this prefent feffion of parlia
ment, if any perfon or perfons fhall knowingly and defignedly
pawn, pledge, or exchange, or unlawfully difpofe of the goods or
chattels of any other períon or perfons, not being employed or
authorised by the owner or owners thereof fo to do, and fhall be
thereof convicted by the oath of any credible winess or witneffes,
or by the confeffion of the perfon or perfons charged with fuch
offence, before any juftice or justices of the peace for the county,
riding, divifion, city, liberty, town, or place where the offence
fhall be committed (which oath every fuch juftice or juftices as
aforefaid is and are hereby impowered and required to admini-
fter), every fuch offender fhall, for every fuch offence, forfeit the
fum of twenty fhillings, and alfo the full value of the goods or
chattels fo pawned, pledged, exchanged, or difpofed of, fuch
value to be ascertained by fuch juftice or juftices; and in cafe the
faid forfeiture fhall not be forthwith paid, the juftice or juftices
of the peace as aforefaid, before whom fuch conviction fhall be
had, fhall commit the party or parties fo convicted to the house
of correction, or fome other publick prifon of the county, riding,
divifion, city, liberty, town, or place, wherein the offender or
offenders thall refide or be convicted, there to remain and be
kept to hard labour for the space of not more than three calendar
months, nor less than one calendar month, unless the said for-
feitures fhall be sooner paid; and if, within three days before the
expiration of the faid term of commitment, the faid forfeitures
fhall not be paid, the faid juftice or juftices fhall, and is and are
hereby required to order, upon the application of the prosecutor
or profecutors, the perfon or perfons fo convicted to be publickly
whipped in the house of correction or prifon to which the
offender or offenders fhall have been committed, or in fome
other publick place of the county, riding, divifion, city, liberty,
town, or place, where the offence thall have been committed, as
to fuch juftice or juftices fhall feem proper; and the faid re-
fpective forfeitures, when recovered, fhall be applied towards
making fatisfaction thereout to the party or parties injured, and
defraying the cofts of the profecution, as fhall be adjudged
reasonable by the justice or justices before whom fuch conviction
fhall be had; but if the party or parties injured fhall decline to
accept of fuch fatisfaction, and cofts, or if there fhall be any
overplus of the laid refpective forfeitures, after making fuch
fatisfaction, and paying fuch costs as aforefaid, then fuch re-
fpective forfeitures, or the overplus thereof, (as the cafe fhall
happen), fhall be paid and applied to and for the ufe of the poor
of the parish or place where fuch offence fhall have been com-
mitted,

mitted, and fhall be paid to the overfeers of the poor of fuch parish or place for that purpose.

VI. And be it further enacted by the authority aforefaid, That if any perfon or perfons fhall counterfeit, forge, or alter, Penalty on or procure to be counterfeited, forged, or altered, any fuch perfons forg note or memorandum as aforefaid, or fhall utter, vend, or felling or counterfeiting any fuch note as aforefaid, knowing the fame to be counterfeited, notes. forged, or altered, with intent to defraud any perfon or perions whomfoever, every fuch perfon fhall be punished in manner herein-after mentioned, and it fhall be lawful for any perfon or perfons, his, her, or their fervants or agents, to whom any note shall be uttered or offered, which he, the, or they shall have reason to fufpect to have been counterfeited, forged, or altered, to feize and detain fuch perfon or perfons uttering or offering the fame, and to deliver him, her, or them, as foon as conveniently may be, into the cuftody of a conftable or other peace officer, who fhall, and is hereby required, as foon as conveniently may be, to convey fuch perfon or perfons before fome justice or juftices of the peace for the county, riding, divifion, city, liberty, town, or place, wherein the offence' thall be fuppofed to have been committed; and if upon examination it thall appear, to the fatisfaction of fuch juftice or juftices, that the perfon or perfons charged with having committed any fuch offence is or are guilty thereof, then, and in every fuch cafe, the faid justice or justices is and are hereby authorifed and required to commit the party or parties offending to the common gaol or houfe of correction of the county, riding, divifion, city, liberty, town, or place, wherein the offence thall be committed, there to be imprisoned for any time not exceeding the space of three calendar months, nor less than one calendar month, at the difcretion of fuch juftice or juftices.

&c.

VII. And be it further enacted by the authority aforefaid, That in cafe any perfon or perfons who fhall offer, by way of For punishing pawn, pledge, exchange, or fale, any goods or chattels, thall not perfons not be able, or ihall refufe to give a fatisfactory account of himself, account of giving a good herfelf, or themfelves, or of the means by which he, the, or they themselves, became poffeffed of fuch goods or chattels, or fhall give any falfe on offering to information to the pawnbroker, or to his or her fervant or pawn goods. fervants, as to whether fuch goods or chattels are his, her, or their own property or not, or if there (hall be any other reason to fufpect that fuch goods or chattels are ftolen, or otherwife illegally or clandeftinely obtained, or if any perfon or perfons not intitled, nor having any colour of title by law to redeem goods or chattels in pledge or pawn, fhall attempt or endeavour to redeem the fame, it fhall be lawful for any perfon or perfons, his, her, or their fervants or agents, to whom fuch goods or chattels fhall be fo offered, or with whom fuch goods or chattels are in pledge, to feize and detain fuch perfon or perfons, and the faid goods or chattels, and to deliver fuch perfon or persons immediately into the cuftody of a conftable or other peace officer, who shall and is hereby required, as foon as may be, to convey

Xx3

fuch

to restore

them.

fuch perfon or perfons, and the faid goods or chattels fo offered,
before fome juftice or juftices of the peace for the county, riding,
divifion, city, liberty, town, or place, wherein the offence fhall
be fuppofed to have been committed; and if fuch justice of
justices hall, upon examination and enquiry, have caufe to
fufpect that the faid goods or chattels were ftolen, or illegally
or clandeftinely obtained, or that the perfon or perfons offering
and endeavouring to redeem the fame fhall not have any pre-
tence or colour of right to redeem the fame, it shall be lawful
for fuch juftice or justices to commit such person or persons into
fafe cuftody for fuch reasonable time as fhall be necessary for the
obtaining proper information on the fubject, in order to be
further examined; and if upon either of the faid examinations it'
Thall appear, to the fatisfaction of fuch justice or juftices, that
the faid goods or chattels were stolen, or illegally or clandeftinely
obtained, or that the perfon or perfons offering or endeavouring
to redeem the fame hath or have not any pretence or colour of
right fo to do, the faid juftice or justices is and are hereby au-
thorifed and required to commit the party or parties offending
to the common gaol or house of correction of the county, riding,
divifion, city, liberty, town, or place, wherein the offence fhall
be committed, there to be dealt with according to law, where
the nature of the offence fhall authorife fuch commitment by
any other law; and where the nature of the offence thall not
authorife fuch commitment by any other law, then such com-
mitment thall be for any time not exceeding three calendar
months, nor less than one calendar month, at the discretion of
fuch justice or justices.

VIII. And be it further enacted by the authority aforefaid,.
Where goods That if the owner or owners of any goods or chattels unlawfully
unlawfully pawned, pledged, or exchanged, thall make out, either on his,
pawned, the
pawnbroker her, or their oath, or by the oath of any credible witnefs, or,
being one of the people called Quakers, by folemn affirmation,
before any juftice or juftices of the peace within his or their
jurifdiction, that fuch owner or owners hath or have had his,
her, or their goods or chattels unlawfully obtained, or taken
from him, her, or them, and that there is just cause to suspect
that any perfon or perfons within the jurifdiction of any fuch
justice or juftices hath or have, knowingly and unlawfully taken
to pawn, or by way of pledge, or in exchange, any goods or
chattels of fuch owner or owners, and without the privity or
authority of fuch owner or owners thereof, and shall make ap-
pear, to the fatisfaction of any fuch justice or justices, probable
grounds for fuch the fufpicion of the owner or owners thereof,
then, and in any fuch cafe, any juftice or juftices of the peace,
within his or their jurifdiction, may iffue his or their warrant
for fearching, in the day time, the houfe, warehouse, or other
place, of any fuch perfon or perfons, who fhall be charged on
oath or affirmation as aforefaid, as fufpected to have knowingly
or unlawfully received or taken in pawn, or by way of pledge,
or in exchange, any fuch goods or chattels, without the privity

of,

Σ