Entries to be numbered and Pawnbrokers and 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 public newspaper published in the said Colony four days at 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 over and above the value of the articles pawned to be paid by the pawnbroker in any such case offending, and to be recovered from such pawnbroker by such owner by action of debt in any Court of competent jurisdiction; and no purchase or pretended purchase by any pawnbroker on his behalf of any articles pawned with him shall be lawful or, if made, shall be valid against the owner in any case, and until such sale it shall be lawful for the owner of any article pledged to redeem the same upon payment of the amount advanced and interest thereon at the rate originally agreed, with the expenses (if any) to the date of such payment. 15. That every such entry as aforesaid shall be numbered consecuduplicates given tively throughout the year, the first pledge received by any pawnbroker after the commencement of this Ordinance being numbered one, the second two, and so on until the end of the year, and the first pledge received on or after any succeeding first day of January being respectively numbered one and so on progressively throughout each year; and every pawnbroker at the time of taking any article in pawn shall give to the person pawning the same a duplicate of every such entry fairly and legibly written or partly written and partly printed, with the signature of such pawnbroker thereto attached, containing every particular inserted in the original entry and corresponding therewith in number, and no pawnbroker shall receive or retain any pledge unless such duplicate shall be or shall have been accepted at the time by the party pawning, and every such duplicate shall be delivered at a charge not exceeding one penny, and shall be produced to the pawnbroker before he shall be obliged to re-deliver the articles mentioned therein or any one of them. Holders of duplicates to be deemed owners 16. That every person who shall at any time produce any such duplicate as aforesaid to the pawnbroker who gave the same, and shall of goods pawned require delivery of the articles therein specified, representing himself to be the owner or to be authorised by the owner thereof, shall be deemed to be such owner or to be so authorised, and shall be entitled to redeem such articles accordingly, unless such pawnbroker shall previously have had notice from the real owner that such duplicate hath been lost by him or fraudulently taken or obtained from him, or 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 party producing such duplicate he shall give immediate information of such refusal and of the particular grounds thereof to a Justice of the Peace or to some Constable together with a description of the person of such party or (if known to the pawnbroker) such party's name and place of residence. When duplicate be obtained 17. That in case any pawnbroker's duplicate should be lost or misis lost a copy may laid by or fraudulently taken or obtained from the owner thereof and the articles mentioned therein shall remain unredeemed, the pawnbroker who gave such duplicate shall at the request of any person representing Pawnbrokers himself to be such owner deliver to such person a copy of such duplicate for which he shall be entitled to charge twopence, such person previously producing to and leaving with such pawnbroker a written declaration in the Form of Schedule D hereto annexed, duly taken before and authenticated by some Justice of the Peace, setting forth the circumstances of such loss or otherwise satisfactorily accounting for the nonproduction of such duplicate. 18. That every pawnbroker shall from time to time enter in a book to be kept by him for that purpose a true and just account of the sale or disposition of every article which shall have been pawned, and shall have been sold or otherwise disposed of by him, specifying the date when such article was pledged, and the true number of the entry then made thereof, and the name of the person who pledged the same, and the day when and the amount for which every such article was sold. 19. That any person by or for whom any such article as last aforesaid shall have been pawned shall be permitted to inspect the entry of such sale thereof. 20. That it shall be lawful for any Justice of the Peace to require the production before him of any book, note, voucher, entry, memorandum, license or other paper by this Ordinance directed to be kept by or which ought to be in the custody of any pawnbroker, and every pawnbroker shall, upon being duly summoned, attend and produce every such book, duplicate, note, voucher, entry, memorandum, license or other paper before such Justice accordingly. 21. That no licensed pawnbroker shall receive or take in or permit or suffer to be received or taken in any article by way of pawn, pledge, or in exchange before eight of the clock in the morning 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 Christinas Day. 22. That no pawnbroker shall in any way exercise or carry on his trade or business as such pawnbroker on any Sunday, Christmas Day or Good Friday. 23. That if any articles, goods or chattels shall be stolen or unlawfully obtained from any person or being lawfully obtained shall be unlawfully deposited, pawned, pledged, sold or exchanged, and complaint shall be made to any Justice of the Peace thereof, and that such goods are in the 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 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 pay 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 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 Entries to be articles sold made of all Every such entry may be inspected Any Justice may broker to produce books, vouchers, penalty compel a pawn &c., under a Hours between brokers are allowed to take which pawn in pledges Not to carry on day, Christmas business on Sun Day or Good Justices to or der fraudulently Persons not giving a good account of themselves on offering to pawn goods liable to punishment Offences against this Ordinanceforging any license Pledging any authority of owner Pawnbrokers action be commenced within three calendar months next after such order shall be made. 24. That in case any person who shall offer by way of pawn, pledge, exchange or sale any articles to any pawnbroker or his servant shall not be able or shall refuse to give a satisfactory account of himself or of the means by which he became possessed of such articles or shall wilfully give any false information as to whether such articles are his own property or not or of his name and place of abode or of the name and place of abode of the owner or owners of the said articles or if there shall be any reason to suspect that such articles are stolen or unlawfully obtained or if any person not entitled nor having any colour of title by law to redeem any articles in pledge or pawn shall attempt to redeem the same, it shall be lawful for any pawnbroker or his servant to whom such articles shall be so offered or with whom such articles are in pledge to seize and detain such person and the said articles, and to deliver such person immediately into the custody of a Constable or other proper officer, who shall as soon as may be convey such person and the articles so offered before some Justice of the Peace near to the place where such person may be apprehended; and if such Justice shall upon examination have cause to suspect the said articles were stolen or unlawfully obtained or that the person attempting to redeem the same hath not any colour of right to redeem the same, it shall be lawful for such Justice to commit such person 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 it shall be made to appear to the satisfaction of any two Justices of the Peace that such articles were stolen or unlawfully obtained, or that the person attempting to redeem the same hath not any colour of right so to do, the said Justices shall commit the person so offending to any common gaol, there to be dealt with according to law, where the nature of the offence shall authorise such commitment by any other law; and where the nature of the offence shall not authorise 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. 25. That if any person shall forge, counterfeit, or alter, or procure to be forged, counterfeited, or altered, any license as aforesaid, or shall knowingly produce or show any such forged, counterfeited, or altered license to any person authorised to demand the production thereof, or shall knowingly pawn, pledge, exchange, or otherwise dispose of any property without article belonging to any other person without the consent or authority of the owner, and with a fraudulent intent to deprive the owner (whether wholly or temporarily) of the use of such article, or shall forge, counterfeit, or alter, or cause to be forged, counterfeited, or altered, any pawncates or stealing broker's duplicate, or shall utter, sell, or dispose of any forged, counterfeited, or altered duplicate, or shall steal or unlawfully take any duplicate with intent to defraud the owner thereof of any article named therein, every such person shall be deemed guilty of a misdemeanour, and shall suffer punishment by fine or imprisonment with or without hard labour for any period not exceeding two years, or both, as the Court may determine. Forging dupli same Misdemeanour Licensed person not having name and business painted 26. That if any person who shall hold a license under this Ordinance shall not have his name and business painted and maintained as Pawnbrokers license books, &c. Purchasing arti cles of persons under years or intoxicated herein before provided, or shall not upon demand produce his license to Not produce any Justice of the Peace or Police Constable without some reasonable excuse in that behalf, or shall fail to keep such books as hereinbefore Not keeping provided, and insert therein the description of every article pawned, or to give a duplicate of such entry, or to enter therein particulars of the sale of any article, or shall refuse to permit the inspection of any such last-mentioned entry, or to produce the book containing the same, as hereinbefore provided, or shall purchase or take in pledge any article from a person apparently under the age of fourteen years, or apparently intoxicated, or shall when the sum agreed to be advanced upon any pledge is under ten pounds, make any part of such advance in any thing but money, or sell or exchange any article for any part of the money agreed to be advanced upon such pledge, or shall without reasonable and lawful excuse refuse or neglect to attend upon any summons by a Justice of the Peace, and produce any books, documents, or papers mentioned in such summons, or shall take in pledge any article excepting within the hours herein before specified, or shall carry on his business on any Sunday, Christmas Day, or Good Friday, every such person, or any servant or agent of such person offending in any of the above particulars shall for each and every such offence upon conviction thereof forfeit and pay any sum not exceeding ten pounds: Provided that any sum so forfeited by a servant or agent of any licensed pawnbroker may at the discretion of the convicting Justice or Justices be levied by distress and sale of the goods and chattels of the said licensed pawnbroker. 27. That if any person shall, without having obtained such license as aforesaid, carry on the business of a pawnbroker, or having obtained such license shall sell or otherwise dispose of any article pledged to him before the period of forfeiture of the same, or having obtained a license as aforesaid, shall in any other respect offend against this Ordinance (where no other penalty is by this Ordinance in that behalf specifically imposed) such person shall for every such offence forfeit and pay on conviction a sum not exceeding twenty pounds. 28. That if any person having obtained any license as aforesaid shall lend the same to any other person for the purpose of carrying on such business as aforesaid under colour thereof, he shall forfeit and pay on conviction for every such offence any sum not exceeding twentyfive pounds; and on conviction it shall be lawful for the Justice or Justices so convicting to declare his said license void, and no such license shall thereafter be granted to such person so convicted for the period of two years from the date of such conviction. Person not licensed acting as pawnbroker Penalty on persons lending license 29. That the term 'article' used in this Ordinance shall be con- Interpretation of sidered to include every species of chattels and goods whatsoever. * term Not to apply to merchants, &c. 30. Provided always that nothing in this Ordinance shall be held or construed to apply to loans or advances made on any goods, chattels, live stock, wool, bonds, bills, title deeds, or other security by merchants, bankers, commission agents, brokers, or licensed auctioneers in the ordinary and bona fide course of mercantile or banking transactions. 31. That sections A, C, F, H and I of The Shortening Ordinance, Sections of Short1853,' shall be incorporated with, and taken to form a part of this Ordinance to all intents and purposes, and in as full and ample a ening Ordinance Operation of Short title Pawnbrokers manner as if the said sections had been introduced and fully set forth in this Ordinance. 32. That this Ordinance shall come into operation on the first day of January next. 33. That this Ordinance may be cited as 'The Pawnbrokers SCHEDULES REFERRED TO IN THE FOREGOING A FORM OF APPLICATION FOR A PAWNBROKER'S LICENSE To the Worshipful Justices of the Peace acting in and for the the Colony of Western Australia. in do hereby I, A.B., (state the trade or occupation) now residing at give notice that it is my intention to apply to the Bench of Magistrates to be holden (for this ) 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 (here describe the house proposed to be licensed, specifying the situation of it, the person to whom rented, the present occupier, and whether now licensed) and which I intend to keep as a Pawnbroker's shop. day of that the above A.B., is a person of good fame and reputation, and fit and proper to be licensed to carry on the trace or business of a Pawnbroker. Witness our hands this eight hundred and One Two Three Four Five day of one thousand in the year of our Lord one thousand eight hundred and for a license to carry on the business of a Pawnbroker in the house and premises now occupied by him, situate in street, in Now we, the said Justices so assembled as aforesaid, having inquired into the |