No. 248.

28 VICTORIA, such articles goods or chattels shall be so offered or with whom such articles goods or chattels are in pledge to seize and detain such person or persons and the said articles 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 or persons and the said articles goods or chattels so offered before some justice or justices near to the place where such person or persons may be apprehended; and if such justice or justices shall upon examination and inquiry have cause to suspect that the said articles goods or chattels were stolen or illegally or clandestinely obtained, or that the person or persons offering or endeavoring to redeem the same shall not have any pretence or color 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 necessary for 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 articles goods or chattels were stolen or illegally or clandestinely obtained or that the person or persons offering or endeavoring to redeem the same hath or have not any pretence or color 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 any gaol 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 term not exceeding three months at the discretion of such justice or justices.

Recovery of penalties.

Act to extend to executors and

administrators.

c. 99 s. 31.

39. For any offence against any of the provisions of this Act not hereinbefore provided for, the party offending shall upon complaint on oath made before any court of petty sessions near to the place of business of such party be liable to forfeit and pay any sum not exceeding fifty pounds; and all forfeitures and penalties under this Act shall and may be levied by distress and sale of the goods and chattels of the offender or offenders by warrant under the hand and seal of any justice in or near the place within which such offender or offenders shall carry on their business; and one half of every such forfeiture shall go to the informer and the other half thereof to the consolidated revenue of Victoria. Provided that no such information shall be entertained unless the same shall be brought within six calendar months of the commission of the said alleged offence.

40. All the provisions and regulations of this Act shall extend to the executors administrators and assigns of all and every pawn39 & 40 Geo. III. broker in the same manner as the same extend to and include the pawnbroker when living, save and except that no such executor or administrator shall be answerable for any penalty or forfeiture personally or out of his own moneys or estate unless such penalty or forfeiture shall be incurred and forfeited by his own act or neglect.

General issue.
Ib. s. 32.

41. No action at law shall be against any justice constable or other peace officer for or on account of any matter or thing whatsoever done or commanded to be done by him in the execution of

No. 248.

his duty or office under this Act against any person offending or 28 VICTORIA, suspected to be offending against the provisions of this Act unless there be direct proof of corruption or malice; and if any person shall at any time be sued molested or prosecuted for anything by him done or executed in pursuance of any clause or provision of this Act, such person may plead the general issue and give the special matter in evidence for his defence. Provided that all actions shall be commenced within three calendar months next after the cause thereof has arisen.

42. No information conviction or other proceeding before or by No certiorari. any justice or justices or on appeal therefrom for any offence under this Act shall be quashed or set aside or adjudged void or insufficient for want of form, or be removed by certiorari or otherwise into the Supreme Court.

FORM OF APPLICATION FOR A PAWNBROKER'S LICENSE.

To the Worshipful the Justices of the Peace acting in and for the District of

in Victoria.

I A. B. [state the trade or occupation] now residing at

in the parish

city town or district of
do hereby give notice that it is my intention to
apply to the court of petty sessions to be holden for this district on the

day

of
next for a license to carry on the trade or business of a pawnbroker
in the house and appurtenances thereunto belonging situated at
describe the house proposed to be licensed specifying the situation of it the person of whom
rented the present occupier and whether now licensed] and which I intend to keep as a
pawnbroker's shop.

[here

Given under my hand at eight hundred and

this

day of

One thousand

FORM OF HOUSEHOLDERS' CERTIFICATE TO BE APPENDED TO THE ABOVE. We the undersigned householders residing within the city town or district do hereby certify that the above A. B. is a person of good fame and reputation and fit and proper to be licensed to carry on the trade or business of a pawnbroker.

of

Witness our hands this

and

day of

One
Two

Three

Four

One thousand eight hundred

Section 2.

Section 5.

28 VICTORIA,

No. 248.

Section 5.

of

Section 19.

Section 31.

SCHEDULE III.
FORM OF LICENSE.

Police District

has applied to us the justices assembled in petty holden at

day of for a

to wit. Whereas A. B. of sessions in the police district of this in the year of our Lord One thousand eight hundred and license to carry on the business of a pawnbroker in the house and premises situate in street in the of in the said police district Now we the said justices so assembled as aforesaid having inquired into the character of the said A. B. and being satisfied that he is a fit person to have such license granted to him do hereby authorize and empower him to carry on the trade or business of a pawnbroker in the said house and premises and not elsewhere and this license shall continue in force for the space of twelve months from the date hereof and no longer. Granted by the court of petty sessions at aforesaid the day One thousand eight hundred and C. D. Chairman.

of
Registered

E. F. Clerk of the Bench.

(Signed)

SCHEDULE V.

FORM OF SEARCH WARRANT.

Melbourne [or naming place as case may be].

To A. B. [or to A.B. and C. D. according to fact] a constable [or constables] and officer of the peace for the city of

day of

[or as the case may be]. WHEREAS on the in the year of our Lord 186 at the Public Office Swanston street [or at my dwelling-house No. &c.] in the City of Melbourne and Colony of Victoria E. F. came before me G. H. one of the justices of the peace for the said colony (or for the said city according to fact) and being duly sworn by me the said justice gave me such information as hath satisfied me that it is necessary to the ends of justice that I should grant this my warrant according to the Act in that case made and provided Now I the said justice being so satisfied as aforesaid do hereby authorize empower and direct you the said A. B. (being a constable or peace officer as aforesaid) to enter the premises of I. J. (being a licensed pawnbroker) at No. street in and there to search and inspect the same and also to search and inspect the business book of the said I. J. and also to take possession (for purposes of safe custody and evidence only) of any pledge or pledges goods or chattels then on the said premises and which shall be identified by the said E. F. or by any one on his behalf as his property And I also hereby direct that you the said do within one week make return to me (or to the nearest court of petty sessions) indorsed herein what you may have done by virtue and under authority of this warrant.