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justging of the goods or chattels, then on payment by the borrower or lacerowers, his, her, or their executors, administrators, or assigns, of such tomcipal money, and the profit due thereon, as aforesaid, to the lender or ders, his, her, or their executors, administrators, or assigns; and in case pla lender or lenders, his, her, or their executors, administrators, or assigns, in, I refuse to accept thereof, on tender thereof to him, her, or them made and the borrower or borrowers thereof, his, her, or their executors, adminisy suors, or assigns, before any such justice or justices, such justice or justices acell thereupon, by order under his or their hand or hands, direct the ds or chattels so pawned forthwith to be delivered up to the pawner or afowners thereof, his, her, or their executors, administrators, or assigns; what if the person or persons who shall have lent any principal sum or sums money, not exceeding in the whole the said sum of ten pounds on any mods or chattels pawned, his, her, or their executors, administrators, or beigns, shall neglect or refuse to deliver up or make satisfaction for the on ods or chattels which shall be so proved to the satisfaction of such ice tice or justices as aforesaid to have been so pawned, as any such jusSe or justices of the peace as aforesaid shall offer and direct, then any wich justice or justices shall, and is and are hereby authorized and required

ods

le

No. I.

39 and 40

George III.

c. 99.

commit the party or parties so refusing to deliver up or make satisfacmean for the same, to the house of correction, or some other public prison Imprisoment uri the county, riding, division, city, liberty, town or place wherein the till re-delivery m fender or offenders shall reside or be convicted, there to remain without of the goods, ninil 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. cif such justice or justices as aforesaid, or make such satisfaction or compensalation as such justice or justices shall adjudge reasonable for the value Juhereof, to the party or parties entitled to the redemption of such goods

the chattels so pawned, and continuing redeemable as aforesaid.

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be XV. And, to prevent any inconvenience to persons carrying on the Persons prosotrade and business of a pawnbroker, from several different persons claim- ducing notes his ing a property in the same goods or chattels,' be it further enacted, That, or memorantheom and after the commencement of this Act, any person or persons who dums deemed hall at any time produce any such note or memorandum as aforesaid, to the owners. edhe person or persons with whom the goods therein specified were pawned dor pledged, as the owner thereof, or as authorized by the owner thereof, to e-edeem the same, and require a delivery of the goods or chattels mentioned n-herein, to him, her, or them, such person or persons shall be, and is and cture hereby deemed and taken to be, so far as respects the person or persons having such goods and chattels in pledge, the real owner and owners, proOrietor and proprietors of such goods and chattels, and the person or Dersons so using the said trade and business of a pawnbroker shall be, and rs and are hereby directed and required, after receiving satisfaction pursuant so the provisions of this Act, respecting principal and profit, to deliver such goods and chattels to the person or persons who shall so produce the said note or memorandum to him, her, or them, and shall be, and is and are hereby indemnified for so doing, unless he, she, or they shall have had previous notice from the real owner or owners thereof not to deliver the same to the person or persons producing such note, or unless notice shall have been given to him, her, or them, that the goods and chattels pawned have been or are suspected to have been fraudulently or feloniously taken or obtained, and unless the real owner or owners thereof proceeds or proeed, in manner hereinafter provided and directed for the redeeming of roods and chattels pledged, where such note hath been lost, mislaid, destroyed, or fraudulently obtained from the owner or owners thereof.

XVI. And be it further enacted, That in case any pawnbroker shall have had such previous notice as aforesaid, or in case any such note or memorandum as aforesaid shall be lost, mislaid, destroyed, or fraudulently obtained from the owner or owners thereof, and the goods and chattels mentioned therein shall remain unredeemed, that then and in every such case the pawnbroker or pawnbrokers with whom the said goods and chattels were so pledged shall, at the request and application of any person or persons who shall represent himself, herself, or themselves to the pawn

Where notes or memorandums lost, the pawnbroker to deliver a copy.

No. I.

39 and 40

c. 99.

broker as the owner or owners of the goods and chattels in pledge as a said, deliver to such person or persons so requesting and applying fo George III. same, a copy of the note or memorandum so lost, mislaid, destroyed fraudulently obtained as aforesaid, with the form of an affidavit of the 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 or memorandum, 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 receive the sum of one penny; and in case the money lent shall ex the sum of ten shillings, the pawnbroker shall receive the like sum of ney as he is entitled to receive and take on giving the original note o 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 p 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 cap 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 pawnbro shall suffer the person or persons proving such property to the satisfac of such justice as aforesaid, and making such affidavit or affirmatio aforesaid, on leaving such copy of the said note or memorandum, and said affidavit or affirmation, with the said pawnbroker, to redeem s goods or chattels.

Pawned goods deemed forfeited at the

end of a year. Pledges above 10s. to be sold by auction.

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XVII. And be it further enacted, That all goods and chattels wł shall be pawned or pledged, shall be deemed forfeited, and may be sol the expiration of one whole year, exclusive of the day whereon the go and chattels were so pawned as aforesaid; and that all goods and chat so forfeited on which any sum above ten shillings and not exceeding pounds shall have been lent, shall be sold by public auction, and otherwise, by the order of the person having the same in pawn, at after the expiration of the said year; but the person employed to sell s goods and chattels by auction shall, and he is hereby required to cause same to be exposed to public view, and catalogues thereof to be publish containing the name and place of abode of the pawnbroker, and also month such goods were received in pawn; and the number of every st pledge as entered in the book or books kept for that purpose at the ti the same were pawned, and an advertisement giving notice of such sale, a containing the name or names, and place of abode of the pawnbroker pawnbrokers with whom the said goods and chattels were in pledge, a also the month such goods were received in pawn, to be inserted two veral days in some public newspaper, two days at least before the first d of sale; and the goods or chattels pledged with every pawnbroker sh be inserted in every catalogue, separate and apart from each other, up pain of forfeiting to the owner or owners of the said goods and chatte for every offence in the premises, any sum not exceeding ten pounds n less than forty shillings.

XVIII. Provided always, and be it further enacted, That all picture prints, books, prints, books, bronzes, statues, busts, carvings in ivory and marble, c statues, &c. meos, intagleos, musical, mathematical, and philosophical instrument shall only be and china, which shall be sold by public auction as aforesaid, shall be so sold four times by themselves, and without other goods being sold at such sale, four time 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 followin day and days, if the sale shall exceed one day, and at no other time; an

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son who shall be employed to sell the same by auction shall, and forereby required to cause the same to be exposed to public view, and

es thereof to be published, and an advertisement giving notice of thele, and containing the name or names of the pawnbroker or pawnins with whom the said goods were in pledge, to be inserted two setate days in some public newspaper three days at the least before the first ich sale, upon pain of forfeiting to the owner or owners of the said goods allery offence in the premises, any sum not exceeding five pounds nor esuthan forty shillings.

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On notice from persons having goods inpledge not to sell,

three months further allow

ed beyond the

year for redemption.

Provided always, and be it further enacted, That in case any perpersons entitled to redeem goods or chattels in pledge, shall, before the expiration of the said one year from the time of pawning the give notice in writing, or in the presence of one witness, to the perpersons having the same in pledge, or leave the same at his, her, or Samsual place of abode, not to sell the same at the end of the said one ha then and in every such case, such goods or chattels shall not be sold affisposed of by the person or persons having the same in pledge until or the expiration of three calendar months, to be computed from the e pration of the said year, during which said term of three calendar ereths, the owner or owners of the said goods and chattels shall have redry to redeem the same, upon the terms stipulated and provided by this e. And be it further enacted, That all and every person or persons Account of cape shom any goods or chattels shall have been pawned or pledged, shall sales of pledgthe time to time enter in a book or books, to be kept by him, her, or es above 10s. as for that purpose, a true and just account of the sale of all goods and to be entered brels pawned with him, her, or them for upwards of ten shillings (1), by the pawnfat 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, and ording to the entry made at the time of receiving the same in pawn; ms also the day when, and the inoney for which such goods or chattels ved were sold, together with the name and place of abode of the aucer by whom the same were sold, according to the information thereof dhe auctioneer; and in case any such goods or chattels shall be sold gore than the principal money and profit aforesaid due thereon at the att of such sale, the overplus shall, by every such pawnbroker, be paid, gmand, to the person by whom or on whose account such goods or dates were pawned, his, her, or their executors, administrators, or asat, in case such demand shall be made within three years after such Ilse, the necessary costs and charges of such sale being first deducted; and sech person or persons who pawned or pledged such goods or chattels, or lish whom such goods or chattels were so pawned or pledged, his, her, or so their executors, administrators, or assigns, shall, for his, her, or their ytisfaction in this matter, be permitted to inspect the entry to be made as

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foresaid of every such sale, paying for such inspection the sum of one e,enny and no more; and in case any person or persons shall refuse to perert any such person or persons who pawned or pledged such goods or attels, or who is or are entitled to such overplus money, to inspect such sary as aforesaid in any such book or books, (such person or persons, if executor or executors, administrator or administrators, or assignee or signees, at such time producing his, her, or their letters testamentary, uptters of administration or assignment,) or in case the goods or chattels twere sold for more than the sum entered in any such book or books, or if sany such person or persons shall not make such entry as aforesaid, or shall

book;

and overplus

paid to the owner of the goods pawned or sold, &c.

ot have bona fide, according to the directions of this Act, sold the same, shall refuse to pay such overplus, upon demand, to the pawner or on penalty of owners, owner or owners, his, her, or their executors, administrators, or 101. and treble gns, (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 generally taken by pawnbrokers of this distinction, here goods of considerably greater value

than ten shillings are pledged for less than that amount; the absolute forfeiture of such goods being very commonly insisted upon.

No. I.

39 and 40

shall, for every such offence, forfeit the sum of ten pounds, and treb sum such goods and chattels shall have been originally pawned for, George III. person or persons by whom or on whose account such goods or cl were pawned, his, her, or their executors, administrators, or assig be levied by distress and sale of the offender's goods and chattels, b rant under the hands and seals of any two justices of the peace f county, riding, division, city, town, liberty, or place where the shall be committed.

c. 99.

Pawnbroker

shall not purchase goods while in his custody.

Pledges not to be taken from persons under 12 years of age or intoxicated.

Hours of buying goods or

taking in pawn

limited.

Pawnbrokers to place in view the table of profits, &c.

Pawnbroker's

names and bu

siness to be

placed over his
door, on pe-
naity of iol.
&c.

XXI. And be it further enacted, That, from and after the comm ment of this Act, no person or persons having any goods or chatt pledge, shall, under any pretence whatsoever, either by himself or } or by any other person for him or her, purchase any such goods of tels so being in pledge with him or her, during the time the same sh main in his or her custody as such pledge, save and except at such auction as aforesaid, nor shall suffer the same to be redeemed with a or intention to purchase the same; nor shall any such person tak having any goods or chattels in pledge, make or cause to be ma contract or agreement with any person or persons offering to ple pledging the same with the owner or owners of the pledge, for th chase, sale, or disposition of the said goods and chattels before the e tion of one whole year from the time of pawning or pledging the same shall any pawnbroker purchase or receive or take any goods or chatt pledge of or from any person or persons who shall appear to be unde age of twelve years, or to be intoxicated with liquor; or purchase or in pawn, pledge, or exchange the note or memorandum aforesaid of other pawnbroker; nor buy any goods or chattels in the course of his or their trade or business, before the hour of eight of the clock in forenoon, or after the hour of seven of the clock in the evening thre out the year; nor employ any servant or apprentice, or any other pe under the age of sixteen years, to take in any pledge or pledges; no ceive or take in any goods or chattels by way of pawn, pledge, or in change, before eight of the clock in the forenoon, or after eight of clock in the evening, between Michaelmas Day and Lady Day follow or before seven of the clock in the forenoon or after nine of the cloc the evening during the remainder of the year, excepting only until ele of the clock on the evenings of Saturday throughout the whole year, the evenings preceding Good Friday and Christmas Day, and every fas thanksgiving day to be appointed by his Majesty; nor shall any person persons exercise or carry on the trade or business of a pawnbroker on Sunday, Good Friday, Christmas Day, or on any fast day or thanksgiv day to be appointed as aforesaid.

XXII. And be it further enacted, That upon and from and after commencement of this Act, all and every person and persons who sl follow and carry on the trade and business of a pawnbroker, shall ca to be painted or printed, in large legible characters, the rate of profit lowed by this Act to be taken by him, her or them, and also the vario prices of the notes or memorandums to be given by him, her, or the according to the rates aforesaid, and an account of what notes or men randums are to be delivered gratis, and of the expence of obtaining second note or memorandum where the former one has been lost, misla destroyed or fraudulently obtained, and place the same in a conspicue part or parts of the shop or other place wherein he, she or they sh carry on such trade or business, so as to be visible to and legible by t persons pledging goods and chattels standing in the several boxes or plac provided for such persons coming to pawn or redeem goods and chattels such shop.

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XXIII. And, for the better manifesting by whom the trade or busine of a pawnbroker shall hereafter be carried on,' be it further enacte That from and after the commencement of this Act, all and every pers or persons who shall follow or carry on the trade or business of a paw broker, shall cause to be painted or written, in large legible characte over the door of each shop or other place by him, her, or them respective made use of for carrying on that trade or business, the christian and su name or names of the person or persons so carrying on the said trai

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No. I.

39 and 40

c. 99.

siness, and the word "Pawnbroker," or "Pawnbrokers," as the may be, following the same, upon pain of forfeiting the sum of ten for every shop or place which shall be so made use of for the space George III. e week without having such name or names, and the said word so el or written as aforesaid, to be recovered by distress and sale of enders' goods and chattels, by warrant under the hands and scals of o 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 es, or upon the information of any credible witness or witnesses ath or affirmation, as the case may be; and in case sufficient disall not be found, or such penalty shall not be forthwith paid, it he lawful for such justices, and they are hereby required, by warrant their hands and seals, to cause the offender or offenders to be comto the county gaol or house of correction, there to remain without mainprize, for any time not exceeding three calendar months, nor han fourteen days, unless the said penalty, and all reasonable charges, be sooner paid and satisfied.

before

before limited

shall make a

IV. And be it further enacted, That if in the course of any proceed- Pawnbrokers any justice or justices of the peace, in pursuance of or under selling goods et, it shall appear, or be proved to the satisfaction of the justice or upon oath or solemn affirmation, that any of the goods and chat- time, or injurned as aforesaid have been sold before the time allowed by this ing them, &c. or otherwise than according to the directions of this Act, or have reasonable saembezzled or lost, or are become or have been rendered of less value tisfaction on the same were at the time of pawning or pledging thereof, by or penalty of 107. h the default, neglect, or wilful misbehaviour of the person or perby whom the same were so pledged or pawned, his, her, or their exeadministrators, or assigns, agents or servants, then and in any such it shall be lawful for every such justice and justices, and he and they d are hereby required to allow and award a reasonable satisfaction to ner 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 e same shall not amount to the principal and profit aforesaid which pear to be due to any person or persons with whom the same were ged or pawned, his, her, or their executors, administrators, or asshall be deducted out of the said principal and profit; and in all where the goods and chattels pawned as aforesaid shall have been dadas aforesaid, it shall be sufficient for the pawner or pawners, his, or their executors, administrators, or assigns, to pay or tender the mer due upon the balance, after deducting out of the principal and proaforesaid, for the goods or chattels pawned, such reasonable satisfacin respect to such damage as any such justice or justices shall order or ard, 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 esaid: and if the satisfaction to be allowed and awarded to the owner ners 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, inistrators, or assigns, shall deliver the goods and chattels so pledged the owner or owners thereof, without being paid any thing for principal erson or persons entitled thereto, under the penalty of ten pounds, to be proft in respect thereof, and shall also pay such excess (if any) to the overed and applied in manner hereinafter mentioned.

XXV. And be it further enacted, That it shall be lawful for any justice Pawnbrokers

the 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 against any pawnbroker for having offended against this Act, or respect- when necesy dispute between any pawnbroker and person having pawned goods, sary, the owner or owners of goods pawned, or respecting any felony or other

tter, or on any other occasion whatsoever, which in the judgment of any

nce

or

justices shall make the production of any book, note, voucher,

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