No. 248. where the party so entitled and applying as aforesaid shall after the 28 VICTORIA, expiration of the said first fourteen days and before the expiration of the said second month so apply, it shall be lawful for the pawnbroker to demand to 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 month wherein application shall be made for redeeming goods pawned. exhibit rates of business. 18. Every pawnbroker or person carrying on such business of Pawnbrokers to a pawnbroker shall cause to be painted or printed in large legible profit in their characters the rates of profit allowed by this Act to be taken by him places of according to the rates aforesaid, and place the same in a conspicuous 39 & 40 Geo. III. part or parts of the shop or other place wherein he shall carry on c. 99 s. 22. such business and so as to be easily visible to and legible by any persons at or resorting to such place of business. Ib. s. 6. 19. Every pawnbroker shall, as hereinafter directed, forthwith Pledges to be and before advancing any money on any pledge, enter in a book of entered in books. large folio size to be kept for that purpose all the particulars relating to every pledge received by him viz.:-the date at which such pledge was received, the number of the pledge, (corresponding with the number of the pledge ticket issued thereon) the residence and calling of the pledger, a description of the article or articles pledged, the amount or sum of money advanced thereon, the rate of interest charged, a statement as to whether the pledge has been redeemed or is unredeemed, and if unredeemed then whether sold or unsold, and if sold when and through whom and for what amount, and if not sold how otherwise disposed of: and such particulars shall be kept in such book in separate distinct and immediately successive columns and in the form set forth in the Fourth Schedule hereunto Fourth Schedule. annexed. If any licensed pawnbroker shall fail or neglect to keep such book or to enter therein in manner aforesaid the particulars relating to any pledge received by him as hereinbefore mentioned, he shall forfeit and pay on conviction for every such offence any sum not exceeding fifty pounds. as in book. 20. Every pledge whatsoever which shall be received by any Pledges to be pawnbroker shall be numbered with a number corresponding with numbered same the number of the entry of such pledge in the book or books of the pawnbroker and with the number on the pledge-ticket issued on such pledge to the pawner; and every such pledge shall be so placed and arranged in the premises of such pawnbroker as to be immediately accessible to such pawnbroker and to be producible on demand to the pawner or such other persons and within such time and under such circumstances as hereinafter mentioned. 21. Every pawnbroker at the time of taking any article in pawn Pledge-tickets. shall give to the person pawning the same a pledge-ticket which Ib. s. 6. shall be a duplicate of every such entry fairly and legibly written or partly written and partly printed with the signature of such pawnbroker thereto attached, and which shall contain every particular inserted in the original entry and shall correspond therewith in number; and any licensed pawnbroker who shall fail or neglect so to do shall forfeit and pay on conviction any sum not exceeding fifty pounds; and no pawnbroker shall receive or retain any pledge unless such pledge-ticket shall be or shall have been accepted at the No. 248. 28 VICTORIA, time by the party pawning; and every such pledge-ticket shall be delivered gratis, and shall be produced to the pawnbroker before he shall be obliged to re-deliver the articles mentioned therein or any of them. Forging or steal 39 & 40 Geo. III. c. 99 s. 9. Holders of pledge-tickets to be deemed 22. If any person shall forge or alter or cause to be forged or ing pledge-ticket. altered or shall knowingly assist in forging or altering any such pawnbroker's pledge-ticket as aforesaid or shall utter sell dispose of or put off any such pledge-ticket so forged or altered (knowing the same to be so forged or altered) with intent to defraud any person whatsoever, or if any person shall steal or unlawfully take any pawnbroker's pledge-ticket with a fraudulent intent to deprive the owner thereof or of any article specified therein, every person in any case so offending shall be deemed guilty of a misdemeanor; and shall suffer such punishment by fine or imprisonment or both not exceeding in any case two years' imprisonment as the court shall think fit. 23. Every person who shall at any time produce any such pledge-ticket as aforesaid to the pawnbroker who gave the same and owners of goods shall require delivery of the articles therein specified, claiming to be the owner or representing himself to be authorized by the owner thereof, shall be deemed and taken to be such owner or to be so authorized, and shall be entitled to redeem such articles accordingly, unless such pawnbroker shall previously have had notice from the real owner that such pledge-ticket hath been lost by him or fraudulently taken or obtained from him, or such pawnbroker shall have been informed by some credible person that such articles have been stolen. Provided always that in every case where the pawnbroker shall refuse to deliver the articles to the person producing such pledge-ticket, he shall give immediate information of such refusal and of the particular grounds thereof to a justice or to some constable together with a description of such person or (if known to the pawnbroker) such person's name and place of residence. pawned. Ib. s. 15. Copy of lost pledge-ticket. Ib. s. 16. Pledges not to be sold within a being pawned. Ib. s. 17. 24. In case any pawnbroker's pledge-ticket shall be lost or mislaid by or fraudulently taken or obtained from the owner thereof and the articles mentioned therein shall remain unredeemed, the pawnbroker who gave such pledge-ticket shall at the request of any person representing himself to be such owner deliver to such person а сору of such pledge-ticket, such person previously producing to and leaving with such pawnbroker a written declaration duly made and administered under the authority of any Act now or hereafter to be in force authorizing the making in certain cases of a declaration in lieu of an oath and setting forth the circumstances of such loss or otherwise satisfactorily accounting for the non-production of such pledge-ticket. 25. No goods or chattels (except wearing apparel) pawned or certain time of pledged shall be deemed to be or shall be treated or sold as forfeited until the expiration of six months from the time of the pawning of the same and exclusive of the day on which the said goods or chattels shall have been pawned or pledged; and no wearing apparel pawned or pledged shall be deemed to be or shall be treated or sold as forfeited until the expiration of three months from the time of the pawning such wearing apparel and exclusive of the day on which the said wearing apparel shall have been pawned or pledged. No. 248. 26. At the expiration of the said period of six months or (in the 28 VICTORIA, case of wearing apparel) at the expiration of the said period of three months or at the expiration of such longer period as may have been sale of pledges. agreed upon, all such goods and chattels and wearing apparel shall be deemed forfeited and may be sold. And if any pawnbroker shall under any circumstances or upon any pretence sell or otherwise dispose of or cause or knowingly suffer to be sold or disposed of any such goods or chattels whatever so pawned before the expiration of the said term of six months, or any wearing apparel so pawned before the expiration of the said period of three months, or any goods chattels or wearing apparel so pawned before the expiration of such longer period (if any) as was so agreed upon, he shall forfeit and pay for every such offence upon conviction (over and above any damages for which he may be liable to the owner or party injured) any sum not exceeding fifty pounds. Provided always that in every case where a longer time for redemption than the said term of six or three months shall have been agreed upon, such time shall be specified in the book so to be kept as aforesaid and shall be mentioned in like manner in the pledge-ticket required to be given to the party pawning. Provided also that any agreement for the forfeiture of any goods or chattels (other than wearing apparel) before the expiration of six months or for the forfeiture of any wearing apparel before the expiration of three months from the time of the pawning of the same shall be wholly void. c. 99 s. 17. 27. All articles forfeited on which in the whole any sum above Mode of sale. five shillings shall have been lent shall be sold by public auction and 39 & 40 Geo. III. not otherwise: and a notice of every such sale containing a catalogue of all such articles and the time when the same were respectively taken in pawn shall be twice inserted in some newspaper published in Victoria four days at the least before the proposed day of sale, upon pain of forfeiting to the owner of any articles sold contrary to the provisions of this section a sum not exceeding twenty pounds to be paid by the pawnbroker in any such case offending; and no purchase or pretended purchase by any pawnbroker or person on his behalf of any article or articles pawned with him shall be lawful, or if made shall be valid against the owner in any case. Ib. s. 20. 28. In case any such article shall have been sold for more than Surplus after the full amount of the principal money and interest thereon which payment. was due at the time of sale, then the overplus (deducting the necessary charges of such sale) shall if claimed within twelve months next after such sale be paid upon demand to the person by or for whom such article was pawned or his agents or assigns or (in case of death) to his executor or administrator. entry. Ib. 29. Every person by or for whom any such article as last afore- Inspection of said shall have been pawned shall be permitted to inspect the entry of such sale thereof. And if any pawnbroker or person employed by a pawnbroker(a) shall refuse to permit any such person as aforesaid to inspect any such entry (such person producing the duplicate relating to the article respecting which such inspection is required) or shall not produce the book containing such entry, or shall in any manner (a) The refusal by the wife of a pawnbroker to show an entry of sale is sufficient to sustain a conviction.-The Queen v. Tucker, ex parte Aarons, 3 A.J.R., 69. No. 248. 28 VICTORIA, Offend against the provisions of the preceding section, every person so offending shall for every such offence forfeit and pay on conviction any sum not exceeding fifty pounds. Production of books before justices. c. 99 s. 25. 30. If in the course of any proceedings whatsoever before any justice (whether under this Act or otherwise) it shall appear to him 39 & 40 Geo. III. to be material or proper to require the production before him of any book note voucher entry memorandum license or other paper required by this Act to be kept by or which ought to be in the custody of any pawnbroker, it shall be lawful for such justice to summon such pawnbroker to attend before him and produce the same and such pawnbroker is hereby required to produce every such book note voucher entry memorandum license or other paper before such justice accordingly. And in case such pawnbroker shall not attend upon such summons, or shall not produce to such justice any book note voucher entry memorandum license or other paper so required, or shall produce the same in an altered state and shall not show a reasonable excuse in that behalf to such justice, he shall for every such offence forfeit and pay on conviction any sum not exceeding fifty pounds. Justices may grant warrants poses. 31. If any justice shall on information on oath received by him for certain pur- from any person think it necessary to the ends of justice to grant to any constable a warrant authorizing him or them to demand a search and inspection of the business books or book of any pawnbroker or to obtain a copy of any entry or entries contained therein or to obtain the inspection or possession (for the purpose of being produced in evidence or identified by the owner or by any one in his behalf) of any pledge then on the premises of such pawnbroker, such warrant for the purposes aforesaid shall and may be issued by such justice to any constable as aforesaid, and shall in every case be in the form set forth in the Fifth Schedule to this Act annexed. Fifth Schedule. Hours of business. 9 & 10 Vict. c. 98. Days prohibited. c. 99 s. 21. 32. No licensed pawnbroker shall receive or take in or permit or suffer to be received or taken in any goods or chattels by way of pawn pledge or in exchange before eight of the clock in the forenoon or after nine of the clock in the evening, excepting only until eleven of the clock on the evenings of Saturday throughout the year and the evenings next preceding Good Friday and Christmas Day. And in case any licensed pawnbroker shall offend against the provisions hereof, every such pawnbroker shall for every such offence on conviction forfeit and pay any sum not exceeding fifty pounds. 33. No pawnbroker shall in any way exercise or carry on his 39 & 40 Geo. III. trade or business as such pawnbroker on any Sunday Christmas Day or Good Friday. And in case any such pawnbroker shall offend against this provision, every such pawnbroker shall for every such offence on conviction forfeit and pay any sum not exceeding fifty pounds. Pawning the property of others. Ib. s. 8. 34. If any person shall knowingly pawn pledge exchange or otherwise unlawfully dispose of any article whatsoever belonging to any other person without the consent or authority of such owner and with a fraudulent intent in any such case to deprive the owner (whether wholly or temporarily) of the use thereof, the person so offending shall be deemed guilty of a misdemeanor; and shall suffer such punishment by fine or imprisonment or both not exceeding in any case two years' imprisonment as the court shall think fit. exchanged 39 & 40 Geo. III. C. 35. If any licensed pawnbroker or any agent or servant em- 28 VICTORIA, ployed by any such pawnbroker shall at any time purchase receive No. 248. or take in pawn any article whatever from any person apparently Infants' or under the age of fourteen years or who shall be apparently intoxicated drunkards or with liquor, or shall (in any case where the value of the pledge or pledges. the amount agreed to be lent thereon does not exceed ten pounds) c. 99 s. 21. advance upon any article or articles pawned or offered in pawn anything but money, or shall in respect of any such article or articles give sell or exchange any goods or property in lieu of or in return for money, such pawnbroker shall for every such offence upon conviction forfeit and pay any sum not exceeding fifty pounds. unlawful pledges. Ib. s. 13. 36. If any articles goods or chattels shall be stolen or unlaw- Restoration of fully obtained from any person or being lawfully obtained shall be unlawfully deposited pawned pledged sold or exchanged and complaint shall be made thereof to any justice and that such goods are in possession of any licensed pawnbroker, it shall be lawful for such justice to issue a summons or warrant for the appearance of such licensed pawnbroker before any two justices and for the production of the goods; and such two justices may order such goods to be delivered up to the owner thereof either without any payment or upon payment of such sum and at such time as the said justices shall think fit. And every licensed pawnbroker who being so ordered shall refuse or neglect to deliver up the goods or who shall dispose of or make away with the same after notice that such goods were stolen or unlawfully obtained as aforesaid shall forfeit to the owner of the goods the full value thereof to be determined by the said justices. Provided always that no such order shall bar any such licensed pawnbroker from recovering possession of such goods by suit or action at law from the person into whose possession they may come by virtue of the order of the said justices, so that such action be commenced within three months next after such order shall be made. pensation or otherwise. 37. It shall be lawful for any two justices to order that any Payment of comgoods unlawfully pawned pledged or exchanged, which shall be brought before them and the ownership of which shall be established to the satisfaction of such justices, shall be delivered up to the owner by the party with whom they were so unlawfully pawned pledged or exchanged, either without compensation or with such compensation to the party in question as the said justices may deem fit. Ib. s. 10. 38. In case any person who shall offer by way of pawn pledge suspicious offer exchange or sale any articles goods or chattels shall not be able or ing of pledges. shall refuse to give a satisfactory account of himself or of the means by which he became possessed of such goods or chattels, or shall wilfully give any false information to the pawnbroker or to his servant or servants as to whether such articles goods or chattels are his own property or not or of his name or 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 articles goods or chattels are stolen or otherwise illegally or clandestinely obtained, or if any person or persons not entitled nor having any color of title by law to redeem any articles goods or chattels in pledge or pawn shall attempt or endeavor to redeem the same, it shall be lawful for any pawnbroker or his servants or agents to whom |