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5.7. debt, &c. And by s. 7. the justices of peace shall have

authority in their sessions to inquire, &c.' of all offences s. 8. against this statute. By's. 8. where toll is not due, the

keeper of the book shall take but id, upon every con31 Eliz. c, 12. tract, for writing the entry.) And by the 31 Eliz, c. 12.

Eng. no person shall in any fair or market, sell, give, exchange, or put away, any horse, mare, gelding, colt or filly, unless the toll-taker, or where no toll is paid] the book-keeper, [bailiff] or chief officer of such fair, &c. will take upon him knowledge of the person that shall offer to sell, &c. such horse, &c. and of his christian name, surname, and place of dwelling, and shall enter the same in a book kept for the sale of horses; or else that'he so offering to sell, &c. shall bring to the officer as aforesaid, one credible person that will testify that he knoweth the party that so selleth, &c.; and en. ter in the book as well the name, mystery, and place of dwelling, of him that selleth, &c. as of him that shall sa testify his knowledge of such person, and also enter the price that he shall have for the horse, &c.: [And no person shall avouch that he knoweth the party that shall sa offer to sell, &c. sucly horse, &c, unless he do know such party, and shall truly declare to the toll-taker, &c. as well the name, &c. of himself, as of him for whom he maketh such avouchment] : And no (toll-taker or other] person keeping any book of entry of sales of horses shall (take any toll, or] make entry of any sale, &c. unless lre knoweth the party that selletli, &c. or tlie party that shall arouch, &e. and shall inake entry in the books of such his knowledge, and the true price that shall be had

for such horse, &c. and then give to the party buying, * 3.. in 4 Ann, &c. frequiring and paying *2d. for the same) a true note

of the contents of the same, subscribed with his hand; on pain that every person that shall so sell, &c, any horse, &c. without being known to the toll-taker, &c. or without bringing such a voucher or witness, causing the same to be entered, and every person making any untrue avouch

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ment, and every [toll-taker] book-keeper, or other offi+ sos, ly cer offending in the premises, shall forfeit +£5; and Ir. every sale, &c, not according to the meaning aforesaid

4 Ano, (, 11,

Ann. c. 11.

shall be void ; the one half of t which forfeitures shall be to the queen, &c. and the other to bim that will sue for the same before the justices of peace, or in any court of record by action of debt, &c. And by s. 3, the justices of peace shall have authority in their sessions 7 to inquire, &c. of all offences against this statute. - [*By s. 4. if any * This clause horse, &c. shall be stolen, and after shall be sold in open a

" pen adopted by the fair, &c. and such sale shall be in all points as aforesaid, yet the sale of such horse, &c. slrall not take away the property of the owner, so as claim be inade, within 6 months, by the party from whom the same was stolen, or by his executors or administrators, at or in the town or parish where the same horse, &e. shall be found, before the mayor or other head officer, if such horse, &c. be found in a town corporate or market town, or before any justice of peace of the county near to the place where such horse, &c. shall be found, if it be ont of a town corporate, &c.; and so as proof be made, within 40 days then next ensuing, by 2 witnesses upon oath, before such head officer or justice, that the property in such horse, &c. was in the party by or from whom such claim is made, and was stolen from him within 6 months before such claiin ; but the party from whom said horse, &c. was stolen, his executors, &c. may notwithstanding such sale, have said horse, &c. upon payment, or offer to pay, to the party that shall have the possession and interest of said horse, &c. if he will receive it, so much money as the party shall swear before such head officer or justice that lie paid for the same, bona fide.) The 4 Ann. c. 11. Ir. has followed the 2 & 3 Ph. & M. c. 7. and 31 Eliz. c. 12. with such deviations as are noted in the margin. The 30 Geo. 2. c. 24. Eng. so far as the same related Redembtion

and sale of goods to the preventing the unlawful pawning of goods, and patenido

the

+ By the Ann. c. 11. s. 2. & 3. Ir. the several penalties (which are each Os) are to be recovered before the justices of assize, in the places where they shall sit, and where they do not sit, then before the justices of peace, at their sessions; and to be one half to the poor, or for some public work, as the said judges of assize, or justices of peace, shall think fit, and the other moiety to the person that will sue before said judges or justices, as aforesaitl.

*** The words within the crotchets in the several parts of the 2 & 3 Ph. & M. c. 7. and 31 Eliz, c. 12. supra, are omitted in the 4 Ann. c. 11. Ir.

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the easy redemption of goods pawned, was explained and amended by the 24 Geo. 3. c. 42. Eng. and several sub

sequent statutes, which have been superseded by the 40 Geo. 3.

40 Geo. 3. c. 99. Eng. This act contains several proc. 99. Eng.

visions for better regulating the business of pawn-brokers, defining the rates to be taken, in satisfaction of interest due, and charges for warehouse room, upon the redeeming any goods pawned or pledged; restraining the unlaw. fully pawning goods the property of others; and limiting the time and manner of purchasing, taking in pawn, or selling any goods in the course of this trade and business.

And in Ireland the 26 Geo. 3. C. 43. Ir, as amended by 28 Geo. 3, the 28 Geo. 3. c. 49. Ir. contains also several provisions

of a special nature, “ for establishing the business of a pawn-broker on such a footing, and under such regulations, as would encourage persons of good repute and property to embark therein, as the means of earning a sufficient, honest, and proper livelihood, adequate to the risque, trouble, and necessary expenses, of carrying on the said business. All persons exercising the trade of a pawnbroker in Great Britain are required to take out a license annually by the 25 Geo. 3. C. 48. Eng. and a license is also made a qualification for exercising this trade by the 26 Geo. 3. C. 43, Ir, and 28 Geo. 3, c. 49. Ir. These several statutes are referable to the head of bailment, which is one species of contract by which a title to things personal may be acquired; but they are of too peculiar

a nature to find a place in this work, No assurances By the 19 Geo. 2, c. 37. Eng. no assurance shall be to be made on ships, Sc. in- made on any ship belonging to his majesty, or any of his interest,

subjects, or on any goods on board any sach ship, inte19 Geo. 2. rest or no interest, or without further proof of interest c. 37. Eng.

than the policy, or by way of gaming or wagering, or without benefit of salvage to the assurer; and every such

assurance shall be void. But by s. 2. assurances on priExceptions, vate ships of war, fitted out by his majesty's subjects

solely to cruise against his enemies, may be made by or for the owners, interest or no interest, free of average,

and without benefit of salvage to the assurer. And by s 3. s, 3. any merchandizes or effects from any ports in Eu

terest or no

s. 2.

rope or America, in the possession of the crowns of Spain or Portugal, may be assured as if this act had not been made. By s. 4. it shall not be lawful to make re-as- $. 4. surance, unless the assurer be insolvent, become a bank-.

Re-assurance iz rupt, or die; in which cases such assurer, his executors, what cases ada administrators, or assigns, may make a re-assurance, to milled. the aniount of the sum before by him assured; provided it be expressed in the policy to be a re-assurance. By s. 5. ali money to be lent on bottomry, or at respondentia, 6. 5. upon any ship belonging to any of his majesty's subjects

Conditions for boud to or from the East Indies, shall be lent only on lending on bot-: the ship, or on the effects on board such ship, and shall comry

ham bound to or from be so expressed in the condition of the bond; and the the East Indies. benefit of salvage shall be allowed to the lender, his agents or assigns, who alone shall have a right to inake assurance on the money so lent; and no borrower on bottomry or at respondentia shall recover more on any assurance t'ian the value of his interest on the ship, or in the effects on board, esclusive of the money so borrowed; and in case it appear that the value of his share in the ship or effects (oth not amount to the sum he hath borrowed, he shall be responsible to the lender for so much thereof as he hath not laid out on the ship, or merchandizes laden thereon, with interest for the same, together with the assurance and all other charges thereon, in the proportion the money. not laid out shall bear to the whole money lent, notwithstanding the ship and merchandizes be totally lost, By s. 6. in all actions brought

S. 6. by the assured upon any policy of assurance, the plain- ,, tiff, or his agent, shall, within 15 days after he is re- plaintiff to de

clure within 15 quired so to do in writing by the defendant, or his agent, duys what sums declare in writing what sum he hath assured in the whole,' and what sum he hath borrowed at respondentia or bottomry, for the voyage, or any part of the royage in quesțion. And by s. 7, it shall be lawful for any person, &c. s. 7. sued on any policy of assurance to bring into court any su sum of money; and if the plaintiff refuse to accept such bring money

into court, sum, with costs to be taxed, in discharge of such action, and afterwards proceed to trial, and the jury assess not damages exceeding the sum brought into court, such

plaintiff

may lite

mlerest,

8. 2.

ested

s. 3.

3. 4.

plaintiff shall pay to such defendant costs to be tased. 14 Geo. 3. By the 14 Geo. 3.c. 49 Eng. no insurance shall be made c. 48. Eng.

· on the life of any person, or on any other event, wherein No insurance on the person for whose use, or on whose account, such po. thout licy shall be made, shall have no interest, or by way of

gaming or wagering; and every assurance made contrary hereto shall be void. And by s. 2. it shall not be lawful

to make any policy on the life of any person, or other Names of per.

event, without inserting in such policy the persons to be inserteil in names interested therein, or for whose use such policy is policies.

made or under wrote. And by s. 3. where the insured

hath interest in such life, or event, no greater sum shall No greater sum he to be recovered

be recovered from the insurer, than the amount or value than the value of the interest of the insured in such life, &c. But by of the interest.

s. 4. nothing herein shall extend to insurances bona fide

made by any person on ships, goods, or merchandizes. 28 Geo. 3. And by the 28 Geo. 3. c. 56. Eng. it shall not be lawful c. 56. Eng.

for any person to make any policy of assurance upon Policies of as. any ship, or upon any goods or other property, without ships or goods

first inserting in such policy, the name, or the usual stile whal lo contain, and firm of dealing, of one of the persons interested in

such assurance; or without, instead thereof, first inserting in such policy, the name of the usual stile and firm of dealing of the consignor, or consignee, of the goods, &c. insured; or the name, or the usual stile and firin, of the person residing in Great Britain, who shall receive the order for such policy of assurance, or of the person who shall give the order to the agent immediately employed to negotiate such policy of assurance. And by s. 2. every policy of insurance made or under-wrote contrary to this act shall be void. No statute has been passed in Ireland similar to those above stated, or restraining any description of gaming or wagering policies, of the

nature of insurances. Giants of life. By the 17 Geo. 3. C. 26. s. 1. Eng, a memorial of annuities to be inrolled in chân. every deed, bond, instrument, or other assurance,

whereby any annuity or rent-charge shall be granted for 17 Geo. 3. c. 26. s. 1. Eng. life or lives, or for any term of years, or greater estate

determinable on one life or more, shall, within 20 days of the execution, be inrolled in chancery; and such

cery.

memorial

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