Page images
PDF
EPUB

40 Geo. 3. c. 99. Eng.

26 Geo. 3. c. 43. Ir.

28 Geo. 3. c. 49. Ir.

No assurances to be made on

terest or no

interest,

19 Geo. 2. c. 37. Eng.

S. 2.

the easy redemption of goods pawned, was explained and amended by the 24 Geo. 3. c. 42. Eng. and several subsequent statutes, which have been superseded by the 40 Geo. 3. c. 99. Eng. This act contains several provisions 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 unlawfully 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 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. 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,

These

By the 19 Geo. 2, c. 37. Eng. no assurance shall be ships, &c. in- made on any ship belonging to his majesty, or any of his subjects, or on any goods on board any such ship, intẹrest or no interest, or without further proof of interest 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 private 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. any merchandizes or effects from any ports in Europe

Exceptions.

8 3.

$. 4.

Re-assurance in

mitted.

6. 5.

bound to or from

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-assurance, unless the assurer be insolvent, become a bankrupt, or die; in which cases such assurer, his executors, what cases adadministrators, or assigns, may make a re-assurance, to the amount 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, upon any ship belonging to any of his majesty's subjects Conditions for bound to or from the East Indies, shall be lent only on lending on botthe ship, or on the effects on board such ship, and shall tomry upon ships 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 make assurance on the money so lent; and no borrower on bottomry or at respondentia shall recover more on any assurance than the value of his interest on the ship, or in the effects on board, exclusive of the money so borrowed; and in case it appear that the value of his share in the ship or effects doth 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 by the assured upon any policy of assurance, the plain- In all actions tiff, or his agent, shall, within 15 days after he is re- plaintiff to dequired so to do in writing by the defendant, or his agent, days 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 voyage in question, And by s. 7. it shall be lawful for any person, &c. sued on any policy of assurance to bring into court any Defendant may sum of money; and if the plaintiff refuse to accept such bring money 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

s. 6,

clure within 15

he hath assured.

[ocr errors]

into court.

14 Geo. 3. c. 48. Eng.

No insurance on lives, without interest.

s. 2.

Names of per

s. 3.

No greater sum to be recovered than the value of the interest.

3. 4.

plaintiff shall pay to such defendant costs to be taxed. By the 14 Geo. 3. c. 49 Eng. no insurance shall be made on the life of any person, or on any other event, wherein the person for whose use, or on whose account, such policy 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 sons interested event, without inserting in such policy the persons to be inserted 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 be recovered from the insurer, than the amount or value of the interest of the insured in such life, &c. But by s. 4. nothing herein shall extend to insurances bona fide made by any person on ships, goods, or merchandizes. And by the 28 Geo. 3. c. 56. Eng. it shall not be lawful 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 what to 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 firm, 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.

28 Geo. 3. c. 56. Eng.

surance upon

Grants of life

annuities to be

[ocr errors]

By the 17 Geo. 3. c. 26. s. 1. Eng. a memorial of inrolled in chan. every deed, bond, instrument, or other assurance, whereby any annuity or rent-charge shall be granted for c. 26. s. 1. Eng. life or lives, or for any term of years, or greater estate

cery.

17 Geo. 3.

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

memorial

S. 2.

8.3.

Deeds of annu

tain.

memorial shall contain the day of the month, and the year, when the deed, &c. bears date, and the naine of. all the parties, and for whom any of them are trustees, and of all the witnesses; and shall set forth the annual sum to be paid, and the name of the person for whose life the annuity is granted, and the consideration; otherwise every such deed, &c. shall be void. And by s. 2. a like memorial is required to be inrolled, before any judgment shall be entered upon any warrant of attorney for recovering or securing any annuity, &c. already granted, or before execution shall be sued out, or action brought, on any judgment already entered, or on any deed, &c. already executed for the purposes aforesaid; otherwise such judgment, &c. shall be void. By s. 3. in every deed, &c. whereby any annuity, &c. shall be granted, the consideration really and bona fide, (which shall be in ity what to conmoney only) and the name of the person by whom, and on whose behalf, the consideration, or any part thereof, shall be advanced, shall be truly set forth in words at length, otherwise such deed, &c. shall be void. And by s. 4. if any part of the consideration money shall be returned to the person advancing the same; or in case the consideration, or any part of it, is paid in notes, if any of the notes, with the privity of the person advancing cancelled, &c. the same, shall not be paid when due, or shall be cancelled without being first paid; or if the consideration, or any part of it, is paid in goods; or if any part of the consideration is retained on pretence of answering the future payments of the annuity, or any other pretence; in all said cases, the person by whom the annuity is payable, may apply to the court in which any action is brought for payment of the annuity, or judgment entered, by motion, to stay proceedings on the judgment or action; and if it shall appear to the court, that such practices, or any of them, have been used, the court may order the deed, &c. to be cancelled, and the judgment, if any entered, to be vacated. By s. 5. a particular roll shall be kept by the clerks of inrolments in Duty of clerk chancery, on which such memoria's shall be entered and of inrolments. inrolled, as brought to the office; and said clerks, or

their

3. 4.

For what practices court may

order deed to be

s. 5.

8. 6.

All contracts for annuities with minors void.

their deputy, shall specify upon the roll, the day, hour, and time, on which such memorial is brought to the office, and shall grant a certificate of the inrolment when required; and there shall be paid for the inrolment 18. in case it do not exceed 200 words; but if it exceed 200 words, then after the rate of 6d. for every 100 words; and the like fees for every certificate and copy given; and the fees of 1s. for every search in the office. By s. 6. all contracts for the purchase of any annuity with any person under 21 years shall be void, any attempt to confirm the same, after such person shall have attained 21, notwithstanding. And if any person shall, either in person, by letter, agent, or otherwise, procure, engage, solicit, or ask, any person under 21, to grant any annuity, &c. or to execute any deed, &c. for securing the same; or shall advance or procure, or treat for any money to be advanced, to any person under the age of 21, upon consideration of any annuity, &c. to be secured or granted by such infant after he shall have attained 21; or shall solicit or procure any infant, upon any treaty or transaction for money advanced, or to be advanced, to make oath, or to give his word of honour or solemn promise, that he will not plead infancy, or make any other defence against the demand of such annuity, &c. or the re-payment of the money advanced to him when under age; or that when he comes of age, he will confirm, or Offence of pro- in any way substantiate, such annuity, &c.; every such curing, &c. such grants from person shall be guilty of a misdemeanor, and being convicted in any court of assize, oyer and terminer, or general gaol delivery, shall be punished by fine, imprisonment, or other corporal punishment, as the court shall award. By s. 7. all solicitors, scriveners, brokers, and other persons, who shall demand or receive, directly or indirectly, any money or other gratuity for procuring the loan, and for the brokerage of money paid as the consideration of such annuity, &c. over 10s. for every £100 actually paid, shall be guilty of a misdemeanor; and being convicted in any court of assize, oyer and terminer, or general gaol delivery, shall be punished by fine and imprisonment, or one of them, at the discretion of

minors how

punishable.

8. 7.

Brokerage limited to 10s. per cent.

the

« PreviousContinue »