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except the last remaining farthing, and shall not be able to produce and pay 39 & 40 G. 3, c. 99. to such pawnbroker or pawnbrokers, his, her, or their servant or agent, a current farthing, and which shall be to the satisfaction and liking of such person or persons to receive the same, but shall, in lieu thereof, tender to such person or persons to receive the same one halfpenny, in order to discharge the said remaining farthing so due as aforesaid, the said pawnbroker or pawnbrokers, his, her, or their servant or agent, to whom such tender of a halfpenny for such purpose as aforesaid shall be made, shall, in exchange thereof, deliver unto such person or persons so redeeming goods as aforesaid, one good and lawful farthing, of the current coin of this kingdom, or in default thereof, shall wholly abate the said remaining farthing from the total sum to be received by him or them, of such person or persons so redeeming goods or chattels as aforesaid."

Sect. 5, "In all cases where the party or parties entitled to, and applying Limiting the profor the redemption of goods, pawned within the space of seven days after fits for part of a the expiration of the first calendar month, after the same shall have been month. pledged, he, she, or they shall and may be at liberty to redeem the same, without paying any thing by way of profit to the pawnbroker for the said seven days, or such part thereof as shall then have elapsed; and that, in all cases where the party or parties so entitled, and applying as aforesaid, after the expiration of the said first seven days, and before the expiration of the first fourteen days of the second calendar month, he, she, or they shall and may be at liberty to redeem such goods, upon paying the profit payable for one calendar month, and the half of another calendar month, to the pawnbroker; but that, in all cases where the party or parties so entitled and applying as aforesaid, after the expiration of the said first fourteen days, and before the expiration of the said second calendar month, it shall be lawful for the pawnbroker to demand and take the profit of the whole second month; and that the like regulation and restriction shall take place, and be in force, in every subsequent calendar month, wherein application shall be made for redeeming goods pawned."

Sect. 6. "All and every person and persons who, from and after the Pawns to be encommencement of this act, shall take, by way of pawn or pledge, of or from tered in books. any person or persons whomsoever, any goods or chattels, of what kind soever the same shall be, and whereon shall be lent any sum of money exceeding five shillings, shall forthwith, and before he, she, or they shall or may advance or lend any money upon such pawn or pledge, enter, or cause 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, she, or they shall 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 of the person or persons by whom such goods or chattels are so pawned, pledged, or exchanged, and the name of the street and number of the house, if the same shall be said to be numbered, where such person shall abide, and whether such person or persons is or are a lodger in or the keeper of such house, by using the letter "L" if a lodger, and the letter "H" if a housekeeper, and also the name and place of abode of the owner or owners of such goods and chattels, according to the information of the person pawning, pledging, or exchanging the same; into all which circumstances the pawnbroker is hereby required to inquire of the party pawning, before any money shall be lent or advanced. And, in all cases where the money lent on any such goods or chattels shall not exceed the sum of five shillings, such entry shall be made in such book or books by all and every such person and persons so taking the same by way of pawn, pledge, or exchange, as aforesaid, within four hours next after the said goods and chattels shall have been so pawned, pledged, or exchanged, as aforesaid; and every pledge upon which shall be lent any sum of money above ten shillings shall be entered in the manner aforesaid in a book or books, to be kept for that purpose, separate and apart from all other pledges whatever; and every such entry of such pledge whereon shall be lent any sum of money exceeding ten shillings, shall be numbered in such book or books progres

Pawnbrokers to give a note describing things pawned.

39 & 40 G. 3, c. 99. sively as they are received in pawn, in the manner following: viz. the first pledge that is received in pawn in the month of September next shall be numbered No. 1, the second No. 2, and so on progressively until the end of the month; and the first pledge that is received in the next month shall be numbered No. 1, and the second No. 2, and so on progressively and in like manner until the end of the month; and the like regulation with respect to the numbers of all pledges above ten shillings shall be observed in every succeeding month throughout the year; and upon every note or memorandum respecting any such pledge, whereon shall be lent any sum exceeding ten shillings as aforesaid, shall be fairly and legibly written or printed the number of the entry of such pledge, so entered in such book or books, as aforesaid; and every such person shall, at the time of the taking of every pawn, pledge, or exchange whatsoever, give to the person or persons so pawning, pledging, or exchanging the same, a note or memorandum, fairly and legibly written or printed, or in part written and in part printed, containing therein, in like manner, a description of the goods and chattels which he, she, or they have received in pawn, pledge, or exchange, and also the sum of money advanced thereon, with the day of the month and year on which, and the name and place of abode, and number of the house, if said to be numbered, of the person or persons by whom such goods or chattels are so pawned, pledged, or exchanged, and whether such person is a lodger or housekeeper, as aforesaid, by using the letter "L" if a lodger, and the letter "H" if a housekeeper, and also the name and place of abode of the owner or owners thereof, according to the information aforesaid; and upon which said note or memorandum, or on the back whereof, shall be moreover fairly written or printed the name and place of abode of the pawnbroker giving the same; which said note or memorandum the party and parties pawning, pledging, or exchanging the said goods or chattels shall, and he, she, or they is and are hereby required to accept and take in all cases; and the pawnbroker shall not receive and retain such pledge, unless the party pledging, or offering to pledge, the same shall accept and take such note or memorandum; and every such note, where the sum lent shall be less than five shillings, shall be delivered gratis; and where the sum lent shall be five shillings or upwards, and less than ten shillings, such pawnbroker shall and may take one halfpenny for the same; and where the sum lent shall be ten shillings or upwards, and less than twenty shillings, such pawnbroker shall and may take one penny for the same; and where the sum lent shall be twenty shillings or upwards, and less than five pounds, the sum of twopence for the same; and where the sum lent shall be five pounds or upwards, the sum of fourpence, and no more; and which note shall be produced to the pawnbroker before he or she shall be obliged to re-deliver the respective goods or chattels, except as hereinafter is excepted."

Amount of profits

duplicates of

pledges redeemed.

Sect. 7. "In all cases where any goods or chattels pawned or pledged to be indorsed on shall be redeemed, the pawnbroker, of whom the same shall be redeemed, shall, at the time of such redemption, fairly and legibly write or indorse, or cause to be written or indorsed, upon every duplicate respecting such pawn or pledge, the amount of the profit taken by him, or on his account, on the money lent upon such goods or chattels so redeemed, and shall keep such duplicate in his custody for the space of one year then next following."

Penalty against

unlawfully pawning goods, the pro

perty of others(a);

Sect. 8. "If any person or persons shall knowingly and designedly pawn, pledge, or exchange, or unlawfully dispose of the goods or chattels of any other person or persons, not being employed or authorized by the owner or owners thereof so to do, it shall be lawful for any justice to grant his warrant to apprehend any person so offending; and, if he, she, or they, shall be thereof convicted, by the oath of any credible witness or witnesses, or by the confession of the person or persons charged with such offence,

(a) The 1 Jac. I. c. 21, enacts, that the miles thereof, shall not alter the prosale of any goods wrongfully taken to any perty. And see the 30 Geo. II. c. 24, pawnbroker in London, or within two s. 3.

before

any justice or justices of the peace for the county, riding, division 39 & 40 G. 3, c. 99. city, liberty, town, or place, where the offence shall be committed (which

cath

every such justice or justices, as aforesaid, is and are hereby empowered

prisonment not

and required to administer), every such offender shall, for every such offence, forfeit any sum not exceeding five pounds, nor less than twenty from 5 to 20., shillings, and also the full value of the goods or chattels so pawned, pledged, and the value of or exchanged, or disposed of, such value to be ascertained by such justice the goods; or imor justices; and, in case the said forfeiture shall not be forthwith paid, the jus- exceeding three tice or justices of the peace, as aforesaid, before whom such conviction shall mouths, and be bad, shall commit the party or parties so convicted to the house of whipping. Correction, or some other public prison of the county, riding, division, city, liberty, town, or place, wherein the offender or offenders shall reside, or be convicted, there to remain and be kept to hard labour for a space not exceeding three calendar months, unless the said forfeitures shall be sooner Faid (a), and if, within three days before the expiration of the said term of commitment, the said forfeitures shall not be paid, the said justice or justices, at his or their discretion, may order the person or persons so convicted to be publicly whipped (b) in the house of correction or prison to which the offender or offenders shall have been committed, or in some other public place, of the county, riding, division, city, liberty, town, or place, where the offence shall have been committed, as to such justice or justices shall seem proper; and the said respective forfeitures, when recovered, shall be applied towards making satisfaction thereout to the party or parties injured, and defraying the costs of the prosecution, as shall be adjudged reasonable by the justice or justices before whom such conviction shall be had; but, if the party or parties injured shall decline to accept of such satisfaction and costs, or if there shall be any overplus of the said respective forfeitures, after making such satisfaction and paying such costs, as aforesaid, then such respective forfeitures, or the overplus thereof (as the case shall happen), shall be paid and applied to and for the use of the poor of the parish or place where such offence shall have been committed, and shall be paid to the overseers of the poor of such parish or place for that purpose."

Sect. 9. "If any person or persons whomsoever shall counterfeit, forge, Penalty on forgor alter, or cause or procure to be counterfeited, forged, or altered, any such ing, counterfeiting, note or memoranduin as aforesaid, or shall utter, vend, or sell, any such or uttering notes. note as aforesaid, knowing the same to be counterfeited, forged, or altered, with intent to defraud any person or persons whomsoever, in all, or any, or either, of the said cases, such person or persons shall be punished in manner hereinafter mentioned; and it shall be lawful for any person or persons, his, her, or their servants or agents, to whom any note shall be uttered or produced, shown, or offered, which he, she, or they shall have reason to suspect to have been counterfeited, forged, or altered, to seize and detain such person or persons uttering, producing, showing, or offering the same, and to deliver him, her, or them, as soon as conveniently may be, into the custody of a constable, or other peace officer, who shall, and is hereby required, as Soon as conveniently may be, to convey such person or persons before some Justice or justices of the peace for the county, riding, division, city, liberty, town, or place, wherein the offence shall be supposed to have been committed; and if, upon examination, it shall appear to the satisfaction of such

(a) A. having deposited with B. certain gods as a security, a dispute arose concerning the goods, upon which B. obtained from C., a police magistrate, a summons requiring A.'s appearance on a day named. Epon the appearance before C., B. made cath to a written information that he believed the goods to have been illegally pawned or disposed of by A. C. gave a farther day to the parties, when, after evidence being gone into, C. committed A. for re-examination on a charge of suspicion of having unlawfully disposed of the goods of

B. It was held that that charge was not
sufficiently made so as to give the magis-
trate jurisdiction over the matter under
the above 8th section. Tate v. Chambers,
3 Nev. & M. 523.)

Query, whether, in a case upon this
statute, properly brought before a magis-
trate, the party may be committed for re-
examination. (Id.)

(b) The whipping of females is abolished. See 1 Geo. IV. c. 57, post, “Whipping."

Imprisonment.

Persons not giving

themselves on of-
fering to pawn
goods, liable to
punishment,
[And see the 30
Geo. 3, c. 24,
s. 7, 8.]

39 & 40 G. 3, c. 99. justice or justices, that the person or persons charged with having committed any such offence is or are guilty thereof, then, and in every such case, the said justice or justices is and are hereby authorized and required to commit the party or parties offending to the common gaol or house of correction of the county, riding, division, city, liberty, town, or place, wherein the offence shall be committed, there to be imprisoned for any time not exceeding the space of three calendar months, at the discretion of such justice or justices." Sect. 10." In case any person or persons, who shall offer by way of pawn, a good account of pledge, exchange, or sale, any goods or chattels, shall not be able, or shall refuse to give a satisfactory account of himself, herself, or themselves, or of the means by which he, she, or they became possessed of such goods or chattels, or shall wilfully give any false information to the pawnbroker, or to his or her servant or servants, as to whether such goods or chattels are his, her, or their own property or not, or of his or her name and place of abode, or of the name and place of abode of the owner or owners of the said goods or chattels, or if there shall be any other reason to suspect that such goods or chattels are stolen, or otherwise illegally or clandestinely obtained, or if airy person or persons not entitled, nor having any colour of title by law to redeem goods or chattels in pledge or pawn, shall attempt or endeavour to redeem the same, it shall be lawful for any person or persons, his, her, or their servants or agents, to whom such goods or chattels shall be so offered, or with whom such goods or chattels are in pledge, to seize and detain such person or persons, and the said goods or chattels, and to deliver such person or persons immediately into the custody of a constable or other peace officer, who shall and is hereby required, as soon as may be, to convey such person r persons, and the said goods or chattels so offered, before some justice or justices of the peace for the county, riding, division, city, liberty, town, or place, wherein the offence shall be supposed to have been committed; and if such justice or justices shall, upon examination and inquiry, have cause to suspect that the said goods or chattels were stolen, or illegally or clandestinely obtained, or that the person or persons offering and endeavouring to redeem the same shall not have any pretence or colour of right to redeem the same, it shall be lawful for such justice or justices to commit such person or persons into safe custody, for such reasonable time as shall be neces sary for the obtaining proper information on the subject, in order to be further examined; and if, upon either of the said examinations, it shall appear to the satisfaction of such justice or justices that the said goods or chattels were stolen, or illegally or clandestinely obtained, or that the person or persons offering or endeavouring to redeem the same hath or have not any pretence or colour of right so to do, the said justice or justices is and are hereby authorized and required to commit the party or parties offending to the common gaol or house of correction of the county, riding, division, city, liberty, town, or place, wherein the offence shall be committed, there to be dealt with according to law, where the nature of the offence shall authorize such commitment by any other law; and where the nature of the offence shall not authorize such commitment by any other law, then such commitment shall be for any time not exceeding three calendar months, at the discretion of such justice or justices."

Persons buying or taking in pledge unfinished goods or linen, or apparel intrusted to

others to wash or

Sect. 11. "If any person or persons shall knowingly buy or take in as a pledge or pawn, or in exchange, any goods of any manufacture, or of any part or branch of any manufacture, either mixed or separate, or any materials whatsoever, plainly intended for the composing or manufacturing of any goods, after such goods or materials respectively are put into a state or course of manufacture, or into a state for any process or operation to be thereupon or therewith performed, and before such goods or materials are completed or finished for the purposes of wear or consumption, or any linen or apparel, which goods, materials, linen, or apparel are or shall be intrusted the goods. [And to any person or persons to wash, scour, iron, mend, manufacture, work up, finish, or make up, and shall be convicted of the same, on the oath of one credible witness, or on confession of the party or parties, before one or more justice or justices, every such person or persons shall forfeit double the sum given for or lent on the same, to be paid to the poor of the parish where

mend, to forfeit

double the sum lent, and restore

see 30 Geo. 2, c.

24, s. 6.]

the offence is committed, to be recovered in the same manner as any other 39 & 40 G. 3, c. 99. forfeitures are by this act directed to be recovered, and shall likewise be obliged to restore the said goods and materials to the owner or owners thereof, in the presence of the said justice or justices."

unlawfully come

Sect. 12. "If the owner or owners of any goods of any manufacture, or Empowering of any part or branch of any manufacture, either mixed or separate, or peace officers to any materials whatsoever, plainly intended for the composing or manufac- search for unfituring of any goods, after such goods or materials respectively are put into uished goods, &c. a state or course of manufacture, or into a state for any process or operation by, which shall be to be thereupon or therewith performed, and before such goods or materials restored to the are completed or finished for the purposes of wear or consumption, or any owner. [And see linen or apparel, which goods, materials, linen, or apparel are or shall be, 30 Geo. 2, c. 24, se intrusted as aforesaid, unlawfully pawned, pledged, or exchanged, shall s. 9.] make out, either on his, her, or their oath, or by the oath of any credible witness, or, being one of the people called Quakers, by solemn affirmation, before any justice or justices of the peace, within his or their jurisdiction, that there is just cause to suspect that any person or persons, within the jurisdiction of any such justice or justices, hath or have taken to pawn, or by way of pledge, or in exchange, any such goods or materials, linen, or apparel, so intrusted as aforesaid, of such owner or owners, and without the privity or authority of such owner or owners thereof, and shall make appear to the satisfaction of any such justice or justices probable grounds for such the suspicion of the owner or owners thereof, then and in any such case, any justice or justices of the peace, within his or their jurisdiction, may issue his or their warrant for searching, within the hours of business, the house, warehouse, or other place of any such person or persons who shall be charged, on oath or affirmation as aforesaid, as suspected to have received or taken in pawn, or by way of pledge, or in exchange, any such goods or materials, linen, or apparel, without the privity of or authority from the owner or owners thereof; and if the occupier or occupiers of any house, warehouse, or other place wherein any such goods, materials, linen, or apparel shall on oath or affirmation, as aforesaid, be charged or suspected to be, shall, after the commencement of this act, on request made to him, her, or them, to open the same, by any peace officer authorized to search there by warrant from any justice or justices of the peace for the county, riding, division, city, liberty, town, or place in which such house, warehouse, or other place shall be situate, refuse to open the same, and permit the same to be searched, it shall be lawful for any peace officer to break open any such house, warehouse, or other place, within the hours of business, and to search as he shall think fit therein for the goods, materials, linen, or apparel suspected to be there, doing no wilful damage; and no pawnbroker or other person or persons shall oppose or hinder any such search; and if, upon the search of the house, warehouse, or other place of any such suspected person or persons as aforesaid, any of the goods, materials, linen or apparel, which shall have been so pawned, pledged, or exchanged as aforesaid, shall be found, and the property of the owner or owners thereof shall be made out to the satisfaction of any such justice or justices, by the oath of one or more credible witness or witnesses, or if any such witness or witnesses shall be of the people called Quakers, by solemn affirmation, or by the confession of the person or persons charged with any such offence, any such justice or justices shall thereupon cause the goods, materials, linen, or apparel, found on any such search, and pawned, pledged, or exchanged as aforesaid, to be forthwith restored to the owner or owners thereof."

Sect. 13. "If the owner or owners of any goods or chattels unlawfully pawned, pledged, or exchanged, shall make out, either on his, her, or their oath, or by the oath of any credible witness, or being one of the people called Quakers, by solemn affirmation, before any justice or justices of the peace within his or their jurisdiction, that such owner or owners hath or have had his, her, or their goods or chattels unlawfully obtained or taken

(a) This provision does not it seems take away the common law remedy, by demand and action of trover or detinue,

and the real owner is not bound to tender

the duplicate. (Peet v. Baxter, \ Stark.
472; Hartop v. Hoare, 1 Wils. 8;

Where goods are unlawfully pawn

ed, the pawnbroker to restore them (a).

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