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No. I. peace officer authorized to search there, by warrant from a justice or justicit 39 and 40 of the peace for the county, riding, division, city, liberty, town, or place, George III.
which such house, warehouse, or other place shall be situate, refuse to opi
the same, and permit the same to be scarched, it shall be lawful for ägg c. 99.
peace officer to break open any such house, warehouse or other placer
restored to the owner or owners thereof. Penalty on the XIV. And be it further enacted, That from and after the commencemen fa pawnbroker of this Act, if any goods or chattels shall be pawned or pledged for securing the who will not
any money lent thereon, not exceeding in the whole the principal sumi deliver up
ten pounds, and the profit thereof, and if within one year after the pawnin on goods to the
or pledging thereof, (proof having been made on oath or affirmation pawner.
aforesaid by one or more credible witness or witnesses, and by producing. the note or memorandum directed to be given by this Act as aforesaiden before any justice or justices, to the satisfaction of any such justice or just tices, of the pawning or pledging of any such goods or chattels within the said space of one year, or one year and three months, as the case may be, L. any such pawner or pawners who was or were the real owner or owners of such goods or chattels at the time of the pawning or pledging thereof, his. her, or their executors, administrators, or assigns, shall tender unto the person or persons who lent, on the security of the goods or chattels pawned, his executors, administrators, or assigns, the principal money borrowed, thereon, and profit, according to the table of rates by this Act established and the person who took such goods or chattels in pawn, his or her executors, administrators, or assigns, shall thereupon, without shewing reasonable cause for so doing to the satisfaction of such justice or justices, neglectb: or refuse to deliver back the goods or chattels so pawned for any sum ore sums of money not exceeding the said principal sum of ten pounds, tone the person or persons who borrowed the money thereon, his, her, or their pro executors, administrators, or assigns, then and in any such case, on oath or a affirmation as aforesaid thereof made by the pawner or pawners thereof, th his, her, or their executors, administrators, or assigns, or some other credible
cpood person, any justice or justices of the peace for the county, riding, division, pte city, liberty, town, or place where the person or persons who took such bre pawn as aforesaid, his executors, administrators, or assigns, shall dwell, on fer the application of the borrower or borrowers, his, her, or their exccutors, a administrators, or assigns, is and are hereby required to cause such person or persons who took such pawn, his, her, or their executors, administrators, we or assigns, within the jurisdiction of the justice or justices, to come before a such justice or justices; and such justice or justices is and are hereby et authorized and required to examine on oath or solemn affirmation as the mo case may require, the parties themselves, and such other credible person or persons as shall appear before him or them touching the premises; and if tender of the principal money due, and all profit thereon as aforesaid, shall be proved by oath or affirmation as aforesaid to have been made (such principal money not exceeding the said sum of ten pounds) to the lender or lenders thercof, his, her, or their executors, administrators, or assigns, by the borrower or borrowers of such principal money, his, her, or their executors, administrators, or assigns, within the said space of one year, or one year and three months, as the case may be, after the said pawning or
ter the pawninil
ct as aforesaiation
wn, or placerowers, his, her, or their executors, administrators, or assigns, of such 39 and 40 stice or jusuging of the goods or chattels, then on payment by the borrower or No. I. dawful for fers, his, her, or their executors, administrators, or assigns; and in case George III. of other plalender or fenders, his, her, or their executors, administrators, or assigns, lamage; and the borrower or borrowers thereof
, her, or their executors, adminisinder any suors, or assigns, before any such justice or justices
, such justice or justices f the goods ds or chattels so pawned forthwith to be delivered up to the pawner or anged as afowners thereof, his,' her, or their executors, administrators, or assigns; Er s from when if the person or persons who shall have lent
any principal sum or sums of one or mods or chattels pawned, his, her, or their executors, administrators, or asses shall beigns, shall neglect or refuse to deliver up or make" satisfaction for the s. confession ods or chattels which shall be so proved to the satisfaction of such such justice tice or justices as aforesaid to have been so pawned, as any such jus
on any sue or justices of the peace as aforesaid shall offer and direct, then any > be forthwich justice or justices shall, and is and are hereby authorized and required
commit the party or parties so refusing to deliver up or make satisfaccommencemen for the same, to the house of correction, or some other public prison Imprisoment ed for securit the county, riding, division, city, liberty, town or place wherein the till re-delivery incipal sum fender or otičnders shall reside or be convicted, there to remain without of the goods,
or mainprise, until he, she or they shall deliver up the goods or chattels or satisfaction
pawned, and continuing redeemable as aforesaid, according to the order made. d by producilf such justice or justices as aforesaid, or make such satisfaction or compen
as such justice or justices shall adjudge reasonable for the value a justice or jubereof, to the party or parties entitled to the redemption of such goods tels within the chattels so pawned, and continuing redeemable as aforesaid. e case may be. XV. ' And, to prevent any inconvenience to persons carrying on the Persons proer or owners otrade and business of a pawnbroker, from several different persons claim- ducing notes ng thereof, his ing a property in the same goods or chattels," be it further enacted, That, or memorannder unto theon and after the commencement of this Act, any person or persons who dums deemed attels pawned hall at any time produce any such note or memorandum as aforesaid, to the owners. ney borrowedhe
person or persons with whom the goods therein specified were pawned et establishedər pledged, as the owner thereof, or as authorized by the owner thereof, to is or her exe-edeem the same, and require a delivery of the goods or chattels mentioned ewing reason-herein, to him, her, or them, such person or persons shall be, and is and Stices, neglectre hereby deemed and taken to be, so far as respects the person or persons r any sum oraving such goods and chattels in pledge, the real owner and owners, propounds, torietor and proprietors of such goods and chattels, and the person or her, or theirversons so using the said trade and business of a pawnbroker shall be, and e, on oath ors and are hereby directed and required, after receiving satisfaction pursuant mers thereof,0 the provisions of this Act, respecting principal and profit, to deliver such other credibleoods and chattels to the person or persons who shall so produce the said ing, division,kote or memorandum to him, her, or them, and shall be, and is and are -o took suchhereby indemnified for so doing, unless he, she, or they shall have had all dwell
, on previous notice from the real owner or owners thereof not to deliver the ir executors, same to the person or persons producing such note, or unless notice shall
such person have been given to him, her, or them, that the goods and chattels pawned Iministrators
, have been or are suspected to have been fraudulently or feloniously taken - come before or obtained, and unless the real owner or owners thereof proceeds or prod are hereby ceed, in manner hereinafter provided and directed for the redeeming of ation as the goods and chattels pledged, where such note hath' been lost, mislaid, deole person or stroyed, or fraudulently obtained from the owner or owners thereof. rises; and if XVI. And be it further enacted, That in case any pawnbroker shall Where notes presaid, shall bave had such previous notice as aforesaid, or in case any such note or or memoran.
made (such memorandum as aforesaid shall be lost, mislaid, destroyed, or fraudulently dums lost, the o the lender obtained from the owner or owners thereof, and the goods and chattels pawnbroker to , or assigns, mentioned therein shall remain unredeemed, that then and in every such deliver a copy. ner, or their case the pawnbroker or pawnbrokers with whom the said goods and chatone year, or tels were so pledged shall, at the request and application of any person or pawning or persons who shall represent hiniselt, herseli, or themselves to the .pawn.
broker as the owner or owners of the goods and chattels in pledge as a e 39 and 40 said, deliver to such person or persons so requesting and applying fox. George III. same, a copy of the note or memorandum so lost, mislaid, destroyer
fraudulently obtained as aforesaid, with the form of an affidavit of the c. 99.
ticular circumstances attending the case, printed or written, or in printed and in part written on the said copy, as the same shall be stat him or her by the party applying as aforesaid, for which copy of such
emorandum, and form of affidavit, in case the money lent shall exceed the sum of five shillings, the pawnbroker shall receive the su one halfpenny; and in case the money lent shall exceed the sum of shillings, and not exceed the sum of ten shillings, the pawnbroker - to receive the sum of one penny; and in case the money lent shall ex safe the sum of ten shillings, the pawnbreker shall receive the like sum of ney as he is entitled to receive and take on giving the original note oi morandum, such money to be paid by the party applying for the san. the time of making the said application; and the person or persons ha so obtained such copy of the note or memoranduin, and form of affi. as aforesaid, shall thereupon prove his, her, or their property in, or to such goods and chattels, to the satisfaction of some justice of the for the county, riding, division, city, town, liberty, or place, where said goods or chattels shall have been pledged, pawned, or exchanged, shall also verify on oath or affirmation, as the case may be, before the justice, the truth of the particular circumstances attending the case i tioned in such affidavit or affirmation to be made as aforesaid, the car of such oath or affirmation to be authenticated by the hand-writing the of the justice before whom the same shall be made, and who shall, ai hereby required so to authenticate the same, whereupon the pawnbreat shall suffer the person or persons proving such property to the satisfac Th him, of such justice as aforesaid, and making such affidavit or affirmatio aforesaid, on leaving such copy of the said note or memorandum, and aged, said affidavit or affirmation, with the said pawnbroker, to redeem gerust na
goods or chattels. Pawned goods XVII. And be it further enacted, That all goods and chattels witogethe deemed for
shall be pawned or pledged, shall be deemed forfeited, and may be sol, 2 the same feited at the
the expiration of one whole year, exclusive of the day whereon the go end of a year. and chattels were so pawned as aforesaid; and that all goods and chat principe Pledges above
so forfeited on which any sum above ten shillings and not exceeding 108. to be sold pounds shall have been lent, shall be sold by public auction, and by auction.
otherwise, by the order of the person having the same in pawn, at med, his after the expiration of the said year; but the person employed to sell sí such dem goods and chattels by auction shall, and he is hereby required to cause my costs a same to be exposed io public view, and catalogues thereof to be publish "petioris w containing the name and place of abode of the pawnbroker, and also sounds of month such goods were received in pawn; and the number of every stt admin pledge as entered in the book or books kept for that purpose at the ti tis matter the same were pawned, and an advertisement giving notice of such sale, a trent such containing the name or names, and place of abode of the pawnbroker imore; ane pawnbrokers with whom the said goods and chattels were in pledge, a beson or also the month such goods were received in pawn, to be inserted two wis orari veral days in some public newspaper, two days at least before the first d said in are of sale; and the goods or chattels pledged with every pawnbroker sh: executor be inserted in every catalogue, separate and apart from each other, upisach time pain of forfeiting to the owner or owners of the said goods and chatte nitratiu for every offence in the premises, any sum not exceeding ten pounds na more than
less than forty shillings. Pictures, prints, books, prints, books, bronzes, statues, busts, carvings in ivory and marble, ci to pay XVIII. Provided always, and be it further enacted, That all picture fute
, ale meos, intagleos, musical, mathematical, and philosophical instrument for OWI statues, &c. shall only be sold four times by themselves, and without other goods being sold at such sale, four timian or as= in a year, &c. only in every year (that is to say) on the first Monday in the months
January, April, July, and October, in every year, and on the followir,
the ove 2-де реrѕос
non of per
over at ali paxabro
2500 who shall be employed to sell the same by auction shall, and No. 1.
vereby required to cause the same to be exposed to public view, and cues thereof to be published, and an advertisement giving notice of 39 and 40 sale, and containing the name or names of the pawnbroker or pawn
George III. sith whom the said goods were in pledge, to be inserted two se
c. 99. dars in some public newspaper three days at the least before the first hot sale, upon pain of forfeiting to the owner or owners of the said goods Il Peters offence in the premises, any sum not exceeding five pounds nor
kan forty shillings. 11. Provided always, and be it further enacted, That in case any per- On notice from a persons entitled to redeem goods or chattels in pledge, shall, before persons having in the expiration of the said one year from the time of pawning the goods inpledge
give notice in writing, or in the presence of one witness, to the per- not to sell, e persons having the same in pledge, or leave the same at his, her, or
further allownual place of abode, not to sell the same at the end of the said one * then and in every such case, such goods or chattels shall not be sold ed beyond the
year for rete posed of by the person or persons having the same in pledge until
demption. the expiration of three calendar months, to be computed from the
ation of the said year, during which said term of three calendar anks, the owner or owners of the said goods and chattels shall have
to redeem the same, upon the terms stipulated and provided by this 11. And be it further enacted, That all and every person or persons Account of #shon any goods or chattels shall have been pawned or pledged, shall sales of pledgnure time to time enter in a book or books, to be kept by him, her, or es above 10s.
for that purpose, a true and just account of the sale of all goods and to be entered els pawned with him, her, or them for upwards of ten shillings (1), by the pawn
shall be sold as aforesaid, expressing the day of the month when brokers in a goods were pledged, and the name of the person pledging the same,
book ; ending to the entry made at the time of receiving the same in pawn; i also the day when, and the inoney for which such goods or chattels
pred were sold, together with the name and place of abode of the aucnee? by whom the same were sold, according to the information thereof 1, a ne auctioneer; and in case any such goods or chattels shall be sold and overplus
er mere than the principal money and profit aforesaid due thereon at the paid to the Litute of such sale, the overplus shall
, by every such pawnbroker, be paid, owner of the care sessand, to the person by whom or on whose account such goods or goods pawned
stateks were pawned, his, her, or their executors, administrators, or as- or sold, &c. ates, in case such demand shall be made within three years after such
, the necessary costs and charges of such sale being first deducted; and fach person or persons who pawned or pledged such goods or chattels, or 1-3 shom such goods or chattels were so pawned or pledged, his, her, or
the executors, administrators, or assigns, shall, for his, her, or their - statisfaction in this matter, be permitted to inspect the entry to be made as
foresaid of every such sale, paying for such inspection the sum of one e tenny and no more; and in case any person or persons shall refuse to pere any such person or persons who pawned or pledged such goods or
teatrels, or who is or are entitled to such overplus money, to inspect such - entry as aforesaid in any such book or books, (such person or persons, if un executor or executors, administrator or administrators, or assignee or inees, at such time producing his, her, or their letters testamentary,
Wetters of adninistration or assignment,) or in case the goods or chattels were sold for more than the sum entered in any such book or books, or if any such person or persons shall not make such entry as aforesaid, or shall but have bona fide, according to the directions of this Act, sold the same, per shall refuse to pay such overplus, upon demand, to the pawner or on penalty of
eners, owner or owners, his, her, or their executors, administrators, or 101. and treble Hegns, (he, she, or they producing such their letters testamentary, letters the sum lent administration or assignment), every such person or persons so offending on pawn.
(1) I find a very unfair advantage gene- than ten shillings are pledged for less than tally taken by pawnbrokers of this distinction, that amount; the absolute forfeiture of such where goods of considerably greater value goods being very commonly insisted upon.
No. I. shall, for every such offence, forfeit the sum of ten pounds, and treble the 39 and 40
sum such goods and chattels shall have been originally pawned for, to the Gcorge III. person or persons by whom or on whose account such goods or chatte's
were pawned, his, her, or their executors, administrators, or assigns, to c. 99.
be levied by distress and sale of the offender’s goods and chattels, by wise rant under the hands and seals of any two justices of the peace for the county, riding, division, city, town, liberty, or place where the offence
shall be committed. Pawnbroker XXI. And be it further enacted, That, from and after the commence shall vot pille ment of this Act, no person or persons having any goods or chattels chase goods pledge, shall, under any pretence whatsoever, either by himself or hers while in his
or by any other person for him or her, purchase any such goods or chaty custody.
tels so being in pledge with him or her, during the time the same shall re main in his or her custody as such pledge, save and except at such publ auction as aforesaid, nor shall suffer the same to be redeemed with a viere or intention to purchase the same; nor shall any such person taking having any goods or chattels in pledge, make or cause to be made an contract or agreement with any person or persons offering to pledge o pledging the same with the owner or owners of the pledge, for the pur
chase, sale, or disposition of the said goods and chattels before the expira Pledges not to tion of one whole year from the time of pawning or pledging the same; ng be taken from shall any pawnbroker purchase or receive or take any goods or chattels in persons under pledge of or from any person or persons who shall appear to be under the 12 years of age age of twelve years, or to be intoxicated with liquor; or purchase or tale or intoxicated. in pawn, pledge, or exchange the note or memorandum aforesaid of an Hours of buy
other pawnbroker; nor buy any goods or chattels in the course of his, he ing goods or
or their trade or business, before the hour of eight of the clock in the taking in pawn forenoon, or after the hour of seven of the clock in the evening through lionited. out the year; nor employ any servant or apprentice, or any other perso
under the age of sixteen years, to take in any pledge or pledges; nor ro ceive or take in any goods or chattels by way of pawn, pledge, or in ex change, before eight of the clock in the forenoon, or after eight of the clock in the evening, between Michuelmas Day and Lady Day following or before seven of the clock in the forenoon or after nine of the clock in the evening during the remainder of the year, excepting only until eleven of the clock on the evenings of Saturday throughout the whole year, and the evenings preceding Good Friday and Christmas Day, and every fast of thanksgiving day to be appointed by his Majesty; nor shall any person or persons exercise or carry on the trade or business of a pawnbroker on any Sunday, Good Friday, Christmas Day, or on any fast day or thanksgiving
day to be appointed as aforesaid. Pawnbrokers XXII. And be it further enacted, That upon and from and after the to place in commencement of this Act, all and every person and persons who shall view the table follow and carry on the trade and business of a pawnbroker, shall cause of profits, &c. to be painted or printed, in large legible characters, the rate of profit al
lowed by this Act to be taken by him, her or them, and also the various prices of the notes or menyorandums to be given by him, her, or them, according to the rates aforesaid, and an account of what notes or memorandums are to be delivered gratis, and of the expence of obtaining 2 second note or memorandum where the former one has been lost, mislaid, destroyed or fraudulently obtained, and place the same in a conspicuous part or parts of the shop or other place wherein he, she or they shall carry on such trade or business, so as to be visible to and legible by the persons pledging goods and chattels standing in the several boxes or places provided for such persons coming to pawn or redeem goods and chaiiels at
such shop. Pawnbroker's XXIII. • And, for the better manifesting by whom the trade or business names and bu- ' of a pawnbroker shall hereafter be carried on, be it further enacted, siness to be That from and after the commencement of this Act, all and every person placed over his door, on pe
or persons who shall follow or carry on the trade or business of a pawn
broker, shall cause to be painted or written, in large legible characters, nalty of 101.
over the door of each shop or other place by him, her, or them respectively made use of for carrying on that trade or business, the christian and surname or names of the person or persons so carrying on the said trade