39 & 40 G.8, c. 99. sum lent shall be five pounds or upwards, the sum of fourpence, and no more; and which note shall be produced to the pawnbroker before he or she shall be obliged to re-deliver the respective goods or chattels, except as hereinafter is excepted." The amount of profits shall be indorsed on du plicates of pledges redeemed. Penalty against unlawfully pawning goods, the property of others; from 51. to 20s, and the value of the goods; or imprisonment not exceeding three months, and whipping. Penalty on forging, counterfeiting, or attering notes. Sect. 7. "And that, in all cases where any goods or chattels pawned or pledged shall be redeemed, the pawnbroker, of whom the same shall be redeemed, shall, at the time of such redemption, fairly and legibly write or indorse, or cause to be written or indorsed, upon every duplicate respecting such pawn or pledge, the amount of the profit taken by him, or on his account, on the money lent upon such goods or chattels so redeemed, and shall keep such duplicate in his custody for the space of one year then next following." Sect. 8. "And that, from and after the commencement of this act, if any person or persons shall knowingly and designedly pawn, pledge, or exchange, or unlawfully dispose of the goods or chattels of any other person or persons, not being employed or authorized by the owner or owners thereof so to do, it shall be lawful for any justice to grant his warrant to apprehend any person so offending; and, if he, she, or they, shall be thereof convicted, by the oath of any credible witness or witnesses, or by the confession of the person or persons charged with such offence, before any justice or justices of the peace for the county, riding, division, city, liberty, town, or place, where the offence shall be committed (which oath every such justice or justices, as aforesaid, is and are hereby empowered and required to administer), every such offender shall, for every such offence, forfeit any sum not exceeding five pounds, nor less than twenty shillings, and also the full value of the goods or chattels so pawned, pledged, or exchanged, or disposed of, such value to be ascertained by such justice or justices; and, in case the said forfeiture shall not be forthwith paid, the justice or justices of the peace, as aforesaid, before whom such conviction shall be had, shall commit the party or parties so convicted to the house of correction, or some other public prison of the county, riding, division, city, liberty, town, or place, wherein the offender or offenders shall reside, or be convicted, there to remain and be kept to hard labour for a space not exceeding three calendar months, unless the said forfeitures shall be sooner paid; and if, within three days before the expiration of the said term of commitment, the said forfeitures shall not be paid, the said justice or justices, at his or their discretion, may order the person or persons so convicted to be publicly whipped in the house of correction or prison to which the offender or offenders shall have been committed, or in some other public place of the county, riding, division, city, liberty, town, or place, where the offence shall have been committed, as to such justice or justices shall seem proper; and the said respective forfeitures, when recovered, shall be applied towards making satisfaction thereout to the party or parties injured, and defraying the costs of the prosecution, as shall be adjudged reasonable by the justice or justices before whom such conviction shall be had; but, if the party or parties injured shall decline to accept of such satisfaction and costs, or if there shall be any overplus of the said respective forfeitures, after making such satisfaction and paying such costs, as aforesaid, then such respective forfeitures, or the overplus thereof (as the case shall happen), shall be paid and applied to and for the use of the poor of the parish or place where such offence shall have been committed, and shall be paid to the overseers of the poor of such parish or place for that purpose." Sect. 9. "And that, if any person or persons whomsoever shall counterfeit, forge, or alter, or cause or procure to be counterfeited, forged, or altered, any such note or memorandum, as aforesaid, or shall utter, vend, or sell, any such note, as aforesaid, knowing the same to be counterfeited, forged, or altered, with intent to defraud any person or persons whomsoever, in all, or any, or either, of the said cases, such person or persons shall be punished in manner hereinafter mentioned; and it shall be lawful for any person or persons, his, The 1 Jac. I. c. 21, enacts, that the sale of any goods wrongfully taken to any pawnbroker in London, or within two miles thereof, shall not alter the property. And see the 30 Geo. II. c. 24, s. 3. her, or their, servants or agents, to whom any note shall be uttered or pro- 39 & 40 G. 3, c. 99. selves on offering ment.. Sect. 10. "And that, in case any person or persons, who shall offer by way of Persons not pawn, pledge, exchange, or sale, any goods or chattels, shall not be able, or shall giving a good refuse to give a satisfactory account of himself, herself, or themselves, or of the account of themmeans by which he, she, or they, became possessed of such goods or chattels, or to pawn goods, shall wilfully give any false information to the pawnbroker, or to his or her ser- liable to punishvant or servants, as to whether such goods or chattels are his, her, or their, own property or not, or of his or her name and 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 goods or chattels are stolen, or otherwise illegally or clandestinely obtained, or if any person or persons not entitled, nor having any colour of title by law to redeem goods or chattels in pledge or pawn, shall attempt or endeavour to redeem the same, it shall be lawful for any person or persons, his, her, or their, servants or agents, to whom such goods or chattels shall be so offered, or with whom such goods or chattels are in pledge, to seize and detain such person or persons, and the said 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 goods or chattels so offered, before some justice or justices of the peace for the county, riding, division, city, liberty, town, or place, wherein the offence shall be supposed to have been committed; and if such justice or justices shall, upon examination and inquiry, have cause to suspect that the said goods or chattels were stolen, or illegally or clandestinely obtained, or that the person or persons offering and endeavouring to redeem the same shall not have any pretence or colour 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 the 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 goods or chattels were stolen, or illegally or clandestinely obtained, or that the person or persons offering or endeavouring to redeem the same hath or have not any pretence or colour 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 the common gaol or house of correction of the county, riding, division, city, liberty, town, or place, wherein the offence shall be committed, 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 time not exceeding three calendar months, at the discretion of such justice or justices." Sect. 11. "And that, from and after the commencement of this act, if any Persons buying person or persons shall knowingly buy or take in as a pledge or pawn, or in ex- or taking in pledge unfinished change, any goods of any manufacture, or of any part or branch of any manu- goods or linen, And see the 30 Geo. II. c. 24, s. 7, 8. or apparel entrasted to others to wash or mend, to forfeit double the sum lent, and restore the goods. 39 & 40 G.3, c. 99. facture, either mixed or separate, or any materials whatsoever, plainly intended for the composing or manufacturing of any goods, after such goods or materials respectively are put into a state or course of manufacture, or into a state for any process or operation to be thereupon or therewith performed, and before such goods or materials are completed or finished for the purposes of wear or consumption, or any linen or apparel, which goods, materials, linen, or apparel, are or shall be intrusted to any person or persons to wash, scour, iron, mend, manufacture, work up, finish, or make up, and shall be convicted of the same, on the oath of one credible witness, or on confession of the party or parties, before one or more justice or justices, every such person or persons shall forfeit double the sum given for or lent on the same, to be paid to the poor of the parish where the offence is committed, to be recovered in the same manner as any other forfeitures are by this act directed to be recovered, and shall likewise be obliged to restore the said goods and materials to the owner or owners thereof, in the presence of the said justice or justices." Empowering peace officers to search for unfi nished goods, &c. unlawfully come by, which shall be restored to the owner.t Sect. 12. "And that, if the owner or owners of any goods of any manufacture, or of any part or branch of any manufacture, either mixed or separate, or any materials whatsoever, plainly intended for the composing or manufacturing of any goods, after such goods or materials respectively are put into a state or course of manufacture, or into a state for any process or operation to be thereupon or therewith performed, and before such goods or materials are completed or finished, for the purposes of wear or consumption, or any linen or apparel, which goods, materials, linen, or apparel, are or shall be so intrusted as aforesaid, unlawfully pawned, pledged, or exchanged, shall make out, either on his, her, or their oath, or by the oath of any credible witness, or, being one of the people called Quakers, by solemn affirmation, before any justice or justices of the peace, within his or their jurisdiction, that there is just cause to suspect that any person or persons, within the jurisdiction of any such justice or justices, hath or have taken to pawn, or by way of pledge, or in exchange, any such goods or materials, linen, or apparel, so intrusted as aforesaid, of such owner or owners, and without the privity or authority of such owner or owners thereof, and shall make appear to the satisfaction of any such justice or justices, probable grounds for such the suspicion of the owner or owners thereof, then and in any such case, any justice or justices of the peace, within his or their jurisdiction, may issue his or their warrant for searching, within the hours of business, the house, warehouse, or other place of any such person or persons who shall be charged, on oath or affirmation as aforesaid, as suspected to have received or taken in pawn, or by way of pledge, or in exchange, any such goods or inaterials, linen or apparel, without the privity of or authority from the owner or owners thereof; and if the occupier or occupiers of any house, warehouse, or other place wherein any such goods, materials, linen, or apparel, shall on oath or affirmation as aforesaid be charged or suspected to be, shall, after the commencement of this act, on request made to him, her, or them, to open the same, by any peace-officer authorized to search there by warrant from any justice or justices of the peace for the county, riding, division, city, liberty, town, or place in which such house, warehouse, or other place shall be situate, refuse to open the same, and permit the same to be searched, it shall be lawful for any peace-officer to break open any such house, warehouse, or other place, within the hours of business, and to search as he shall think fit therein for the goods, materials, linen, or apparel suspected to be there, doing no wilful damage; and no pawnbroker or other person or persons shall oppose or hinder any such search; and if, upon the search of the house, warehouse, or other place of any such suspected person or persons as aforesaid, any of the goods, materials, linen, or apparel, which shall have been so pawned, pledged, or exchanged, as aforesaid, shall be found, and the property of the owner or owners thereof shall be made out to the satisfaction of any such justice or justices, by the oath of one or more credible witness or witnesses, or if any such witness or And see 30 Geo. II. c. 24, s. 6, ante, 35. † And see 30 Geo. II. c. 24, s. 9. witnesses shall be of the people called Quakers, by solemn affirmation, or by 39 & 40 G. 3, c. 99. the confession of the person or persons charged with any such offence, any such justice or justices shall thereupon cause the goods, materials, linen, or apparel, found on any such search, and pawned, pledged, or exchanged as aforesaid, to be forthwith restored to the owner or owners thereof." Sect. 13. "And that, if the owner or owners of any goods or chattels unlaw- Where goods are fully pawned, pledged, or exchanged, shall make out, either on his, her, or unlawfully pawned, the their oath, or by the oath of any credible witness, or being one of the people pawnbroker to called Quakers, by solemn affirmation, before any justice or justices of the restore them. peace within his or their jurisdiction, that such owner or owners hath or have had his, her, or their goods or chattels unlawfully obtained or taken from him, her, or them, and that there is just cause to suspect that any person or persons within the jurisdiction of any such justice or justices hath or have taken to pawn, or by way of pledge or in exchange, any goods or chattels of such owner or owners, and without the privity or authority of such owner or owners thereof, and shall make appear to the satisfaction of any such justice or justices, probable grounds for such the suspicion of the owner or owners thereof, then and in any such case, any justice or justices of the peace within his or their jurisdiction, may issue his or their warrant for searching, within the hours of business, the house, warehouse, or other place of any such person or persons who shall be charged on oath or affirmation as aforesaid, as suspected to have received or taken in pawn, or by way of pledge or in exchange, any such goods or chattels, without the privity of or authority from the owner or owners thereof; and if the occupier or occupiers of any house, warehouse, or other place wherein any such goods or chattels shall, on oath or affirmation as aforesaid, be charged or suspected to be, shall, after the commencement of this act, on request made to him, her, or them, to open the same by any peace-officer authorized to search there, by warrant from a justice or justices of the peace for the county, riding, division, city, liberty, town, or place, in which such house, warehouse, or other place shall be situate, refuse to open the same, and permit the same to be searched, it shall be lawful for any peace-officer to break open any such house, warehouse, or other place, within the hours of business, and to search as he shall think fit therein, for the goods or chattels suspected to be there, doing no wilful damage; and no pawnbroker, or other person or persons, shall oppose or hinder any such search; and if, upon the search of the house, warehouse, or other place of any such suspected person or persons as aforesaid, any of the goods or chattels which shall have been so pawned, pledged, or exchanged, as aforesaid, shall be found, and the property of the owner or owners from whom the same shall have been unlawfully obtained or taken, shall be made out to the satisfaction of any such justice or justices, by the oath of one or more credible witness or witnesses, or if any such witness or witnesses shall be of the people called Quakers, by solemn affirmation, or by the confession of the person or persons charged with any such offence, any such justice or justices shall thereupon cause the goods and chattels found on any such search, and pawned, pledged, or exchanged as aforesaid, to be forthwith restored to the owner or owners thereof." Sect. 14. "And that, from and after the commencement of this act, if any goods or chattels shall be pawned or pledged for securing any money lent thereon, not exceeding in the whole the principal sum of ten pounds, and the profit thereof, and if within one year after the pawning or pledging thereof, (proof having been made on oath or affirmation as aforesaid, by one or more credible witness or witnesses, and by producing the note or memorandum directed to be given by this act as aforesaid, before any justice or justices, to the satisfaction of any such justice or justices, of the pawning or pledging of any such goods or chattels within the said space of one year, or one year and three months, as the case may be,) This provision does not take away the common law remedy, by demand and action of trover or detinue, and the real owner is not bound to tender the duplicate: 2 Peet v. Baxter, 1 Stark. 472; Penalty on the pawnbroker who will not deliver up goods to the pawner. 39 & 40 G. 3, c. 99. any such pawner or pawners who was or were the real owner or owners of such goods or chattels at the time of the pawning or pledging thereof, his, her, or their executors, administrators, or assigns, shall tender unto the person or persons who lent, on the security of the goods or chattels pawned, his executors, administrators, or assigns, the principal money borrowed thereon, and profit, according to the table of rates by this act established; and the person who took such goods or chattels in pawn, his or her executors, administrators, or assigns, shall thereupon, without showing* reasonable cause for so doing, to the satisfaction of such justice or justices, neglect or refuse to deliver back the goods or chattels so pawned, for any sum or sums of money not exceeding the said principal sum of ten pounds, to the person or persons who borrowed the money thereon, his, her, or their executors, administrators, or assigns, then and in any such case, on oath or affirmation as aforesaid thereof, made by the pawner or pawners thereof, his, her, or their executors, administrators, or assigns, or some other credible person, any justice or justices of the peace for the county, riding, division, city, liberty, town, or place, where the person or persons who took such pawn as aforesaid, his executors, administrators, or assigns shall dwell, on the application of the borrower or borrowers, his, her, or their executors, administrators, or assigns, is and are hereby required to cause such person or persons who took such pawn, his, her, or their executors, administrators, or assigns, within the jurisdiction of the justice or justices, to come before such justice or justices; and such justice or justices is and are hereby authorized and required to examine, on oath or solemn affirmation, as the case may require, the parties themselves, and such other credible person or persons as shall appear before him or them touching the premises; and if tender of the principal money due, and all profit thereon, as aforesaid, shall be proved by oath or affirmation as aforesaid to have been made (such principal money not exceeding the said sum of ten pounds) to the lender or lenders thereof, his, her, or their executors, administrators, or assigns, by the borrower or borrowers of such principal money, his, her, or their executors, administrators, or assigns, within the said space of one year, or one year and three months, as the case may be, after the said pawning or pledging of the goods or chattels, then on payment by the borrower or borrowers, his, her, or their executors, administrators, or assigns, of such principal money, and the profit due thereon, as aforesaid, to the lender or lenders, his, her, or their executors, administrators, or assigns; and in case the lender or lenders, his, her, or their executors, administrators, or assigns, shall refuse to accept thereof, on tender thereof to him, her, or them, made by the borrower or borrowers thereof, his, her, or their executors, administrators, or assigns, before any such justice or justices, such justice or justices shall thereupon, by order under his or their hand or hands, direct the goods or chattels so pawned forthwith to be delivered up to the pawner or pawners thereof, his, her, or their executors, administrators, or assigns; and if the person or persons who shall have lent any principal sum or sums of money, not exceeding, in the whole, the said sum of ten pounds, on any goods or chattels pawned, his, her, or their executors, administrators, or assigns, shall neglect or refuse to deliver up, or make satisfaction for the goods or chattels, which shall be so proved to the satisfaction of such justice or justices as aforesaid to have been so pawned, as any such justice or justices of the peace as aforesaid shall order and direct, then any such justice or justices shall, and is and are hereby authorized and required to commit the party or parties so refusing to deliver up or make satisfaction for the same, to the house of correction, or some other public prison, for the county, riding, division, city, liberty, town, or place, wherein the offender or offenders shall reside or be convicted, there to remain without bail or mainprize, until he, she, or they shall deliver up the goods or chattels so pawned, and continuing redeemable as aforesaid, according to the order of such justice or justices as aforesaid, or make such satisfaction or compensation as such justice or Imprisonment till re-delivery of the goods, or sa tisfaction made. A pawnee is bound to observe more than ordinary care over the thing bailed, and if goods be taken out of his possession through stealth or by want of due care, he will be liable, but not if the goods are forcibly taken out of his pos session, unless through his fault. Sir W. Jones, 75, 79; Ld. Raym. 917. And see Clark v. Earnshaw, Gow's C. N. P. 30. |