successor. And if there be then no parliament in being, the last preceding parliament shall meet, sit, and act as aforesaid.

IX. When an Act of Parliament shall take Date.

By the 33 G. 3. c. 13. § 1. after reciting that in every act of 33 G. 3. c. 13. parliament in which the commencement thereof is not directed to be from a specific time, it doth commence from the first day of the session of parliament in which such act is passed, which is liable to produce great injustice, it is enacted that the clerk of the parliaments shall indorse (in English) on every act of paliament which shall pass after the 8th of April 1793, immediately after the title of such act, the day, month, and year, when the same passed and received the royal assent; which indorsement shall be taken to be the date of its commencement, where no other commencement shall be therein provided.

By 48 Geo. 3. c. 106. Where any bill shall be introduced into 48 G. 3. c. 106. any session of parliament, for the continuance of any act which would expire in such sessions, and such act shall have expired before the bill for continuing the same shall have received the royal assent, such continuing act shall be deemed to have effect from the date of the expiration of the act intended to be continued, except it shall be otherwise provided in such continuing act but nothing herein contained shall extend to affect any person with any punishment, penalty or forfeiture, by reason of any thing done, or omitted to be done, contrary to the provisions of the act continued, between the expiration of the same, and the date at which the act continuing the same shall receive the royal

assent.

X. Improperly procuring an Election.

of a member of

By the 49 Geo. 3. c. 118. after reciting that the giving or 49 G. 3. c. 118. promising to give money, &c. in order to procure the return of any member to serve in parliament, if not given to or for the use of some person having a right or claiming to have a right to act as returning officer, or to vote at such election, is not bribery within the meaning of the 2 G. 2. c. 24. it is enacted, that if any § 1. person shall, either by himself, or by any other person for or on his Penalty on behalf, give or cause to be given, directly or indirectly, or pro- persons giving mise or agree to give any sum of mony, gift or reward to any or receiving money to properson, upon any engagement, contract or agreement, that such cure the election person to whom, to whose use, or on whose behalf such gift or promise shall be made, shall by himself, or by any other person parliament, whatsoever, at his solicitation or command, procure or endeavour though such to procure the return of any person to serve in parliament, every money, &c. be not given to person so having given or promised to give, if not returned himself in parliament for such county, &c. shall for every such gift or promise forfeit 1000l. to be recovered as hereinafter provided with respect to the sum of 500l.; and every such person so returned, and so having given or promised, or knowing of and consenting to such gifts or promises, upon any such engagement, &c. shall be thereby disabled to serve in that parliament for such county, &c.; and such person shall be deemed to be no member of parliament, as if never returned or elected a member; and any person who shall receive or accept of, by himself, or by any other in trust for, or to the use or on the behalf of him, any such

voters.

49 G. 3. c. 118. sum of money, gift or reward, or any such promise upon any such engagement, &c. shall forfeit to his majesty the value and amount of such sum of money, &c. over the sum of 500l., which said 5007. he shall forfeit to any person who shall sue for the same, to be recovered with costs of suit by action of debt, &c. in any of his majesty's courts at Westminster, if the offence be in England or Wales, and at Dublin, if committed in Ireland.

Giving any office, &c. for election pur

poses.

Limitation of actions.

§ 2. Provides that the act shall not extend to any money paid or agreed to be paid to or by any person for any legal expense bona fide incurred at or concerning any election.

By f 3. If any person shall by himself, or by any other person on his behalf, give or procure to be given, any office, place or employment, to any person upon any express contract or agreement that such person, to whom or to whose use or on whose behalf such gift or promise shall be made, shall by himself, or by any other person at his solicitation or command, procure or endeavour to procure the return of any person to serve in parliament for any county, &c. (as in § 1.) such person so returned, and so having given or procured, or so having promised to give or procure, or knowing of and consenting to such gift or promise upon any such express contract or agreement, shall be disabled and incapacitated, &c. (as in § 1.); and any person who shall receive or accept of by himself, or by any other person in trust for or to the use or on the behalf of such persons, any such office, &c. upon such express contract or agreement, shall forfeit such office, &c. and be incapacitated for holding the same, and shall forfeit 500l., which said 500l. shall be recovered as is herein. before enacted; and any person holding any office under his majesty, who shall give such office, &c. upon any such express contract, &c. that the person to whom, &c. such office, &c. shall have been given, shall so procure or endeavour to procure the return of any person to serve in parliament, shall forfeit 1000, to be recovered as is herein-before provided.

By § 4. Actions upon this statute must be commenced within two years next after the offence committed, excepting where the party absconds.

Parsnips.

THE penalty for stealing parsnips is the same as for stealing turnips; for which see the title Turnips, Vol. V.

Partition.

BY the 8 & 9 W. 3. c. 31. intituled, An act for the easier obtaining 8 & 9 W. 3. partitions of lands in coparcenary, joint-tenancy, and te- c. 31. nancy in common; it is enacted that if the high sheriff cannot conveniently be present at the execution of any judgment in partition, in such case the under-sheriff, in presence of two justices, may proceed to execution of the writ of partition.

BY the 25 G. 3. c. 48. § 1. 3. 4. 12.

Every person exercising 25 G. 3. c. 48. the trade of a pawnbroker shall take out a licence, and shall Licence. renew the same annually, ten days at least before the end of the year, on pain of forfeiting 50l.; to be recovered in the courts at Westminster.

By 55 G. 3. c. 184. Sch. part 1. Upon every licence to be taken out yearly for using or exercising the trade or business of a pawnbroker, within the cities of London and Westminster, or within the limits of the two-penny post, there shall be paid a duty of 15%.

And for using or exercising the trade or business of a pawnbroker elsewhere, 7. 10s.

§ 3. The said duties to be under the management of the com- 55 G. 3. c. 184. missioners of the stamp duties.

By 25 G. 3. c. 48. 7. 8. No person shall keep more than one 25 G.3. c.48. house or shop by virtue of one licence; but persons in partnership need only take out one licence for one house.

§ 5. All persons who shall receive by way of pawn, pledge or exchange, any goods for the repayment of money lent thereon, shall be deemed pawnbrokers.

Who shall be deemed pawn

brokers.

Not to extend to persons lending money at

5 per cent. "Certain words to be put up.

§ 6. But the same shall not extend to any person who shall lend money at 51. per cent. interest, without taking any further or greater profit for the loan thereof. See also 39 & 40 G. 3. c. 99. f 30. By 39 & 40 G. 3. c. 99. § 23. & 26. Every pawnbroker, shall cause his christian and surname, and the word " Pawnbroker," to be painted or written in large legible characters over the door of his shop or other place used by him for carrying on such business, on pain of forfeiting 10. for every shop or place made use of for one week without having the same so put up; to be recovered on confession, or by oath or affirmation of one witness, by distress and sale, by warrant under the hands and seals of two

39 & 40 G. 3. c. 99.

Rate of profit to be taken.

justices, half to the informer, and half to the poor; and if there be not a sufficient distress, or payment be not forthwith made, the offender to be committed to the county gaol or house of correction, not exceeding three calendar months, nor less than fourteen days, unless such penalty and reasonable charges shall be sooner paid.

Stat. 36 G. 3. c. 87. being in force only for three years, and till the end of the then next session of parliament, the 39 & 40 G.3. c. 99. was substituted in lieu thereof; and thereby it is enacted, § 2., that every pawnbroker may demand and take the following rates over and above the principal sum advanced, before he shall be obliged to re-deliver the goods pawned, (viz.)

For every pledge upon which there shall have been lent not exceeding 2s. 6d. one halfpenny, for any time not exceeding one calendar month, and the same for every calendar month afterwards, including the current month in which such pledge shall be redeemed, although such month shall not be expired:

If 5s. shall have been lent thereon, 1d.

And so on progressively and in proportion for any sum not exceeding 40s.; and if exceeding 40s. and not exceeding 42s. — 8d.; and if exceeding 42s. and not exceeding 10l. after the rate of 3d. for every 20s. by the calendar month including the current month, and so in proportion for any fractional sum; which said several sums shall be in lieu of and taken as a full satisfaction for all interest due, and charges for warehouse room.

§ 3. And where any intermediate sum lent upon pawn shall exceed 2s. 6d. and not amount to 40s. the person lending the same may take a profit as aforesaid of 4d. and no more, for the loan of 20s. by the calendar month, including the current month as aforesaid.

5. But the party entitled to and applying for the redemption of goods pawned within seven days after the end of the first calendar month after the same have been pledged, may 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 after the expiration of the said first seven days, and before the expiration of the first fourteen days of the second calendar month, he may redeem such goods upon paying the profit payable for one calendar month and a half; but if after the expiration of the first fourteen days and before the end of the said second calendar month, the pawnbroker may take a profit of the whole second calendar month; and the like regulation and restriction shall take place in every subsequent calendar month wherein application shall be made for redeeming goods pawned.

§ 4. In all cases, where the lowest fraction of the sum to be received by any pawnbroker from persons offering to redeem goods shall be a farthing, and such person shall have paid the

pawn

c. 99.

sum due except the last farthing, and shall not produce a current 39 & 40 G. 3. farthing, but in lieu thereof shall tender a halfpenny, such broker shall in exchange deliver to such person redeeming such goods one good and lawful farthing, or in default thereof shall abate the remaining farthing from the sum total.

§ 22. Every pawnbroker shall cause to be painted or printed in Table of the large legible characters the rate of profit allowed by this act to rates to be put be taken, and also the various prices of the notes or memoran- up. dums to be given according to the rates aforesaid, and an account of such as are to be given gratis, and of the expence of obtaining a second note or memorandum, where the former one has been lost, mislaid, destroyed, or fraudulently obtained, and place the same in a conspicuous part of the shop or place where such business is carried on, so as to be visible to and legible by persons pledging goods, standing in the places provided for such persons coming to pawn or redeem goods.

§ 6. Every person who shall take any goods by way of pawn, or pledge, whereon shall be lent above 5s. shall, before he advance or lend any money thereon, enter in a fair and regular manner in a book to be kept by him for that purpose a description of such goods so received in pawn, pledge, or exchange, and the sum Ïent thereon, with the day and year, and name of the person by whom they were pawned, and the name of the street, and number of the house, if numbered, where such person shall abide, and whether he be a lodger in or 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, according to the information of the person so pawning the same; into all which circumstances he is required to enquire of the party before any money shall be advanced, and if the sum lent shall not exceed 5s. such entry shall be made within four hours after the said goods shall have been pawned, &c. and every pledge upon which shall be lent above 10s. shall be entered in a book to be kept for that purpose, separate from all other pledges; and every such entry shall be numbered in such book progressively, as they are pawned, in the following manner; (viz.) the first pledge that is received in pawn in September next, No. 1, the second, No. 2, and so on progressively until the end of the month; and the first pledge in the next month shall be numbered 1, and the second 2, and so on progressively in like manner until the end of the month, and so on in every succeeding month throughout the year; and upon every note respecting such pledge shall be written the number of entry of such pledge so entered in such book as aforesaid. And at the time of taking every pawn a note or memorandum written or printed shall be given to the person pawning, pledging, or exchanging the same, containing a description of such goods received in pawn, &c. and also the money advanced thereon, with the day of the month and year, and names and places of abode, and numbers of the houses of the parties, and whether lodgers or housekeepers, by using the letters aforesaid; and upon such note or memorandum, or on the back thereof, shall be written or printed the name and place of abode of such pawnbroker, which note or memorandum the party pawning such goods is required to take, and unless he shall take the same, such broker

An account of goods pawned to be entered in

a book.