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sness, and the word “ Pawnbroker,” or “ Pawnbrokers," as the
No. I. be, following the same, upon pain of forfeiting the sum of ten
39 and 40 s for every shop or place which shall be so made use of for the space George III. te week without having such name or names, and the said word so
c. 99. el or written as aforesaid, to be recovered by distress and sale of onders' goods and chattels, by warrant under the hands and scals of to justices of the peace acting within the respective county, riding, , city, town, liberty, or place, (which warrant such justices are
authorized and required to grant) upon the confession of the party pries, or upon the information of any credible witness or witnesses uth or affirmation, as the case may be; and in case sufficient disBall not be found, or such penalty shall not be forthwith paid, it be lawful for such justices, and they are hereby required, by warrant
their hands and seals, to cause the offender or offenders to be compil to the county gaol or house of correction, there*to remain without er mainprize, for any time not exceeding three calendar months, nor than fourteen days, unless the said penalty, and all reasonable charges, Le sooner paid and satisfied. FXIV. And be it further enacted, That if in the course of any proceed- Pawnbrokers before any justice or justices of the peace, in pursuance of or under selling goods Act, it shall appear, or be proved to the satisfaction of the justice or
before limited upon oath or solemn affirmation, that any of the goods and chat- time, or injursaned as aforesaid have been sold before the time allowed by this ing them, &c.
otherwise than according to the directions of this Act, or have reasonable saenbezzled or lost, or are become or have been rendered of less value tisfaction on the same were at the time of pawning or pledging thercof, by or penalty of 101. gh the default, neglect, or wilful misbehaviour of the person or perby whom the same were so pledged or pawned, his, her, or their exe
administrators, or assigns, agents or servants, then and in any such i shall be lawful for every such justice and justices, and he and they
are hereby required to allow and award a reasonable satisfaction to ener or owners of such goods or chattels in respect thereof, or of damage, and the sum or sums of money so allowed or awarded, in 3e same shall not amount to the principal and profit aforesaid which spear to be due to any person or persons with whom the same were Need or pawned, his, her, or their executors, administrators, or asshall be deducted out of the said principal and profit; and in all e where the goods and chattels pawned as aforesaid shall have been dahard as aforesaid, it shall be sufficient for the pawner or pawners, his, for their executors, administrators, or assigns, to pay or tender the
the balance, after deducting out of the principal and proaforesaid, for the goods or chattels pawned, such reasonable satisfaca con respect to such damage as any such justice or justices shall order or pard, and upon so doing the justice or justices shall proceed as if the net or pawners, his, her, or their executors, administrators, or assigns,
paid or tendered the whole money due for the principal and profit mesaid: and if the satisfaction to be allowed and awarded to the owner Caners of such goods or chattels shall be equal to or exceed the princiand profit aforesaid, then and in such case the person or persons to the same were so pledged or pawned, his, her, or their executors,
or assigns, shall deliver the goods and chattels so pledged the owner or owners thereof, without being paid any thing for principal e profit in respect thereof, and shall also pay such excess (if any) to the ktovered and applied in manner hereinafter mentioned.
son or persons entitled thereto, under the penalty of ten pounds, to be XXV. And be it further enacted, That it shall be lawful for any justice Pawnbrokers
peace upon complaint made to him on the oath or affirmation of one shall produce more credible witness or witnesses, wherein any information shall be their books
y dispute between any pawnbroker and person having pawned goods, sary, the owner or owners of goods pawned, or respecting any felony or other etter, or on any other occasion whatsoever, which in the judgment of any
justices shall make the production of any book, note, voucher,
No. I. memorandum, duplicate, or other paper necessary, which shall or ought to 39 and 40 be in the hands, custody, or power of any pawnbroker, to summon such George III. pawnbroker before him to attend, with all and he very or any book, note
, c. 99.
to have in his or her custody or power relating to the same, which he or she is hereby required to produce before such justice or justices in the state
the same was or were made at the time the pawn or pledge was receivel. on penalty without any alteration, erasement, or obliteration whatsoever; and in case from 101. to 51. such pawnbroker shall neglect or refuse to attend, or to produce the same
in its true and perfect state, such pawnbroker shall, in case he or she doth not shew good cause for such neglect or refusal, to the satisfaction of suca justice or justices, forfeit any sum not exceeding ten pounds nor less than
five pounds, to be levied and applied in the manner herein-after mentioned. Penalties on XXVI. And be it further enacted, That in case any pawnbroker shal', pawnbrokers from and after the commencement of this Act, in anywise offend again offending
this Act, every such pawnbroker shall, for every such offence in neglecting! against this
to make or cause to be made, in a fair and regular manner, in such book of Act, in neglecting
books as aforesaid, any such entry as is required to be made by him, her, o entries not
them by this Act, forfeit such sum of money as to the justice or justice exceeding 101. before and by whom any information thereon shall be heard and deter! and for other mined in his or their discretion shall seem reasonable and fit, not exceed offences from ing the sum of ten pounds, and for every other offence against this Ac 408. to 101. where no forfeiture or penalty is provided or imposed on any particular
specific offence against any part of this Act, not less than forty shillings ng more than ten pounds; and that all forfeitures incurred by any offend committed against this Act, shall and may be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant under the hand and seal or hands and seals of any justice or justices of the peace for the county, riding, division, city, liberty, town, or place where the offence shall be committed; and the justices shall award one moiety of the said penalties to the parties complaining, and the remainder of the aforesaid penalty or penalties not otherwise disposed of and applied by this Act, is to be paid and applied to and for the use of the poor of the parish or plac where the offence shall have been committed, and shall be paid to the over
seers of the poor of such parish or place for that purpose. Limiting the
XXVII. Provided always, and be it further enacted, That no person of time of prose- persons using or exercising the trade or business of a pawnbroker, shall be cuting by in
subject or liable to any prosecution or information before any justice or formation, 12 months.
justices of the peace by virtue of this Act, for any offence or offence against this Act, unless information shall be given of such offence of
offences within twelve calendar months next after the offence or offence Information
committed; and that all and every such information and informations shalts to be made be- be given and prosecuted before such justice or justices of the peace as shall fore a justice
act as such justice or justices near to the place where such offence om near the place. offences shall have been committed, unless the same shall have been com
mitted within the city or liberties of London. Churchwar- XXVIII. And be it further enacted, That the church-wardens and over dens, &c. to seers of the poor of any parish or place where any oftence shall be supposed prosecute, &c. to have been committed by any pawnbroker against this Act, or some or
one of such officers, at the discretion or direction of any justices of the peace, on having notice from such justices of the peace of such offence! being supposed to have been committed, shall, and they or some or one of them, to be nominated by such justice as aforesaid, are and is hereby re quired to prosecute every offender for every offence so to be suggested by such justice to have been committed against this Act, at the expence of the
respective parish whereof they or he are, is, or shall be for the time being, Convicted per- such officers or officer. sons, &c. not XXIX. And be it further enacted, That no person who has been conto prosecute or victed of any fraud, or of obtaining money under false pretences, or of any inform against felony whatsoever, shall be allowed to prosecute or inform against any perany persons, son or persons, for any offence or offences committed against this Act. &c.
XXX. Provided always, That nothing in this Act contained shall extend, Act not to ex. tend to persons lending money at 5l, per cent. without further protit.
e construed to extend, to any person or persons whomsoever who shall No. I. money to any person or persons whomsoever upon pawn or pledge, at
39 and 40 ate of five pounds per centum per annum interest, without taking any er or greater profit for the loan or forbearance of such money lent, on
George III. Impetence whatsoever. XXI. And be it further enacted, That all and every the provisions, reons, and clauses contained in this present Act shall, from and after The Act to exend of this present session of Parliament, extend to and include the tend to execuators , administrators, and assigns of all and every deceased pawnbroker
, tors, fc. of e same manner as the same extend to and include the pawnbroker pawnbrokers.
living, save and except that no such executor or administrator of any sateceased pawnbroker shall be answerable for any penalty or forfeiture
nally, or to be paid out of his, her, or their own monies or estate, undie same shall be incurred and forfeited by his, her, or their own Act or XXII
. And be it further enacted, That if any person or persons shall General issue. time or times be sued, molested, or prosecuted for any thing by him, or them done or executed in pursuance of this Act, or of any clause, Fr , or thing herein contained, such person or persons may plead the pal issue, and give the special matter in evidence for his, her, or their tee; and if upon the trial a verdict shall pass for the defendant or ndants
, or the plaintiff or plaintiffs shall become nonsuited, then such € na dant or defendants shall have double costs awarded to him, her, or
Double costs. 1 against such plaintiff or plaintiffs.
XIII. Provided always, and be enacted, That in all actions, suits, Inbabitants of mations, trials, and other proceedings in pursuance of this Act, or in any place hou to any matter or thing herein contained, any inhabitant of the where offences town, or place in which any offence or offences shall be committed committed
deemed come rary to the true intent and meaning of this Act, shall be admitted to evidence, and shall be deemed a competent witness, notwithstanding
petent wit. ex er her being an inhabitant of the parish, town, or place wherein any
offence or offences shall be supposed to have been committed.
any person shall be convicted in manner prescribed by this Act,
Form of conin the
year of his Majesty's reign, A. B. is con- viction.
of his Majesty's justices of the peace for the said wenty of [or, for the
riding or division of the said gunty of or, for the city, liberty, or town of
as the case hul happen to be] for
and the said
do adjudge him [or, and forfeit for the same the sum of
Given under the
day and year aforesaid.' said the said justice or justices before whom such conviction sNall be had, W cause the same, so drawn up in the form or to the effect aforesaid, to Esly written upon parchment, and transmitted to the next general, or
session of the pecce to be held for the county, riding, divicity, town, liberty, or place wherein such conviction was had, to be and kept amongst the records of the said general or quarter session; To be filed. in case any person or persons so convicted Shall appeal from the judg: er of the said justice or justices to the said general or quarter session,
justices in such general or quarter session are hereby required, upon toccerving the said conviction drawn up in the form or to the effect afore
to proceed to the hearing and determination of the matter of the said ben! at such next session, and not afterwards, according to the directions this Act; any law, custom, or usage to the contrary notwithstanding;
no certiorari shall be granted to remove any conviction or other pro-
person convicted of any offence or offences punishable by this Act, I think himself or herself aggrieved by the judgment of the justice justices before whom he or she shall have been convicted, such person
No. I. shall have liberty to appeal to the justices at the next general or qe u 39 and 40
sessions of the peace which shall be held for the county, riding, div. the per
city, liberty, town, or place where such judgment shall have been a 12 George III. and that the execution of the said judgment shall in such case be sus 3d De sa c. 99.
ed, the person so convicted entering into a recognizance at the time of 2
be convicted by virtue of this Act. Publick Act.
XXXVI. And be it further enacted, That this Act shall be deem, or perform public Act, and be judicially taken notice of as such, by all judges, just opera play, f and other persons whomsoever without the same being specially pleadec-s therein, eve
(1). Considering the great frauds and op. apprehend that it would be very benefici pressions which pawnbrokers have an op- subject them to discretionary licenses by portunity of practising, and the facility which tices of peace. they afford to the disposing of stolen goods, I
a f fifty pound 81, or recov
i the pains further enacto Teuts-fourth d
person shall, to be acted, , operam play,
therein ; osetragedy, co
, or any r to the Lord Teen days at together wit shall be, and
or perfor ü managers
· Class XXVII.
fourth day o may
bel king, from tim
est, opera, pla
of part ther
No. I. 10 Geo. II.
ense to be ay comedy, oper La thereof shall
12 Anne, stat. 2. c. 23.
For the punishment inflicted by stat. 17 Geo. 2. c. 5; see post.
the patent gatherers or collectors for prisons, gaols, or hospitals, and No. I.
sering abroad for that purpose, all fencers, bearwards, common players 10 Geo.II. terludes, and other persons therein named and expressed, shall be ad rogues and vagabonds : And whereas some doubts have arisen
c. 28. herning so much of the said Act as relates to common players of in
les: Now for explaining and amending the same, be it declared and si by the King's most excellent Majesty, by and with the advice and
E: of the Lords Spiritual and Temporal, and Commons in this preParliament assembled, and by the authority of the same, That from Mater the twenty-fourth day of June one thousand seven hundred and -even, every person who shall, for hire, gain, or reward, act, repre- Persons actke perform, or cause to be acted, represented, or performed, any in- ing plays, &c. tragedy, comedy, opera, play, farce or other entertainment of the in any place
or any part or parts therein, in case such person shall not have where they sal settlement in the place where the same shall be acted, represent- have not a setperformed, without authority by virtue of letters patent from his Ma- tlement, or 1 heirs, successors, or predecessors, or without licence from the without auChamberlain of his Majesty's household for the time being, shall be thority, &c. Bed to be a rogue and a vagabond within the intent and meaning of to be deemed
id recited Act, and shall be liable and subject to all such penalties vagabonds, punishinents, and by such methods of conviction, as are inflicted on, or ported by the said Act for the punishment of rogues and vagabonds who * found wandering, begging, and misordering themselves, within the and meaning of the said recited Act. And be it further enacted by the authority aforesaid, That if any perHaring or not having a legal settlement as aforesaid shall, without such berty or licence as aforesaid, act, represent, or perform, or cause to be represented, or performed, for hire, gain, or reward, any interlude,
comedy, opera, play, farce, or other entertainment of the stage, or FT or parts therein, every such person shall for every such offence and forfeit 501. the sum of fifty pounds; and in case the said sum of fifty pounds be paid, levied, or recovered, such oflender shall not for the same He suffer any of the pains or penalties inflicted by the said recited Act.
And be it further enacted by the authority aferesaid, That from and No new plays 34 said twenty-fourth day of June one thousand seven hundred and or additions to siren, no person shall, for hire, gain, or reward, act, perform, or re- old ones to be
or cause to be acted, performed, or represented any new interlude, acted, unless a 1 comedy, opera, play, farce, or other entertainment of the stage, or copy be sent to
por parts therein; or any new act, scene, or other part added to the Chamberinterlude, tragedy, comedy, opera, play, farce, or other entertain- lain, &c. E of the stage, or any new prologue' or epilogue, unless a true copy
be sent to the Lord Chamberlain of the king's household for the being fourteen days at least before the acting, representing or per
as thereof, together with an account of the playhouse or other place Es the same shall be, and the time when the same is intended to be first the masters or managers of such playhouse or place, or company of
or performed, signed by the master or manager, or one And be it enacted by the authority aforesaid, That from and after sid twenty-fourth day of June one thousand seven hundred and thirty
it shall and may be lawful to and for the said Lord Chamberlain fetime being, from time to time, and when, and as often as he shall fit, to prohibit the acting, performing, or representing any interlude,
comedy, opera, play, farce, or other entertainment of the stage, or el, scene, or part thereof, or any prologue or epilogue ; and in case and persons person or persons shall, for hire, gain, or reward, act, perform, or re- acting against
tragedy, comedy, opera, play, farce, or other entertainment of the tion, &c. forea copy thereof shall be sent as aforesaid with such account is atore: their licence.
Tumbling is not an entertaininent of the stage within this Act. Rex v.
1,6 T. R. 286. L. VIII,