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that offence lose his lien on or right to the pledge or to the loan and profit; but nothing in this section shall restrict the operation of any provision of this Act providing for the delivery of any goods and chattels, or the restoration of any linen, apparel, goods, materials, or article to the owner, under the order of any court.

52. If any person thinks himself aggrieved by any conviction or Appeal to order of a court of summary jurisdiction under this Act, or by the quarter sessions. refusal of a certificate for a license, he may appeal therefrom,

subject to the conditions and regulations following:

(1.) The appeal shall be made to some court of general or quarter sessions for the county or place in which the cause of appeal has arisen, held not less than fifteen days and (unless adjourned by the court) not more than four months after the decision or refusal appealed from :

(2.) The appellant shall within seven days after the cause of
appeal has arisen give notice to the other party and to the
court or authority appealed from of his intention to appeal
and the ground thereof :

(3.) The appellant shall immediately after such notice enter into
a recognizance before a justice with two sufficient sureties
conditioned personally to try such appeal, and to abide the
judgment of the court thereon, and to pay such costs as
may be awarded by the court, or give such other security
by deposit of money or otherwise as the justice allows :
(4.) Where the appellant is in custody the justice may, if he thinks
fit, on the appellant entering into such recognizance or
giving such other security as aforesaid, release him from
custody:

(5.) The court of appeal may adjourn the appeal; and, upon the
hearing thereof, they may confirm, reverse, or modify the
decision or refusal appealed from, or remit the matter with
the opinion of the court of appeal thereon, or make such
other order in the matter as the court thinks just, and may
make such order as to costs to be paid by either party as
the court thinks just.

53. No order or conviction of a court of summary jurisdiction Exclusion of against which a person is authorised by this Act to appeal shall be certiorari. quashed for want of form, or be removed by certiorari or otherwise at the instance either of the Crown or of any private party into any superior court.

warrants.

54. A warrant of commitment, on a conviction by a court of Validity of summary jurisdiction under this Act, shall not be held void by reason of any defect therein, if only there is a valid conviction to maintain the warrant, and it is alleged therein that the party has been convicted.

55. If any person is sued or prosecuted for any thing done by Protection of him in pursuance or execution or intended execution of this Act, he persons exe cuting Act. may plead generally that the same was done in pursuance or execution or intended execution of this Act, and give the special matter in evidence.

Scotland.

Application of 56. This Act shall apply to Scotland, subject to the following Act to Scotland. provisions: 1. The following expressions occurring in this Act shall have the meanings hereby assigned to them; (that is to say,)

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"Overseers of the poor" shall mean inspectors of the poor; Entering into a recognizance before a justice" shall mean finding caution with the clerk of the peace to the satisfaction of such clerk;

"Recognizance" shall mean a bond of caution;

"Penalty" shall mean any money recoverable under this Act
from a person convicted of contravening any of its pro-
visions, and also any money recoverable as aforesaid as or
through and in consequence of a forfeiture;
"Sheriff" shall include sheriff substitute;

"Court of summary jurisdiction" shall mean any sheriff,
justice, or justices of the peace, or magistrate by whatever
name called, to proceedings before whom the provisions of
"The Summary Procedure Act, 1864," may be applied:
2. The provisions of "The Summary Procedure Act, 1864," may
be applied to all proceedings for the trial or prosecution for
any offence, or for the recovery of any penalty, or for the
obtaining of any order before a court of summary jurisdic-
tion under this Act:

3. The court of summary jurisdiction when hearing and determining an information or complaint under this Act shall be constituted of two or more justices in petty sessions, or two or more magistrates of a burgh in a burgh court, or of a sheriff or some other magistrate or officer for the time empowered by law to do alone any act authorised to be done by more than one justice of the peace :

4. A person found liable under this Act in any penalty shall be liable in default of immediate payment to imprisonment for a term not exceeding six months; and the conviction and warrant may be in the form of No. 3. of Schedule K. of "The Summary Procedure Act, 1864:"

5. A person making default in complying with an order of court of summary jurisdiction under this Act shall be liable to imprisonment for a term not exceeding three months:

6. The court of summary jurisdiction may award costs, and shall
have and exercise all the jurisdictions, powers, and authorities
necessary for that court for the purposes of this Act.

7. A person authorised by this Act to appeal from a conviction
or order of a court of summary jurisdiction may, when that
court is a burgh or sheriff court, appeal to the next circuit
court of justiciary, or where there are no circuit courts, to
the High Court of Justiciary in Edinburgh, in the manner
prescribed by such of the provisions of the Act of the
twentieth year of the reign of King George the Second, and
any Act amending the same, as relate to appeals in matters
criminal, and by and under the rules, limitations, conditions,
and restrictions contained in the same provisions:
8. Certificates under this Act shall be granted by the justices for
counties or districts, and the magistrates of burghs at their

respective meetings for granting and renewing certificates
for the sale of exciseable liquors, or at some adjournment
thereof, which adjournment they respectively may make
from time to time as they think fit for the purposes of this
Act, or at some other meetings specially convened for that
purpose:

9. Pawnbrokers shall not be deemed guilty of an offence against
this Act who shall carry on the business of a Pawnbroker
on Good Friday or Christmas Day.

Saving.

57. Nothing in this Act shall repeal or in any manner interfere Saving for local with the operation of any local or local and personal Act for the time Acts. being in force in any city, town, burgh, or other place.

The SCHEDULES referred to in this Act.

THE FIRST SCHEDULE.

Enactments repealed as to Pawnbrokers in Great Britain.

1 Jac. 1. c. 21.

25 Geo. 3. c. 48.

39 & 40 Geo. 3. c. 99.

55 Geo. 3. c. 184. in part.

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An Acte againste Brokers.

An Act for granting to His Majesty certain
Stamp Duties on Licences to be taken out
by persons using or exercising the trade
or business of a Pawnbroker.

An Act for better regulating the business
of Pawnbrokers.

- An Act for repealing the

Stamp Duties on deeds, law proceedings,and other written or printed instruments, and the Duties on fire insurances and on legacies and successions to personal estate upon intestacies now payable in Great Britain and for granting other Duties in lieu thereof

in part; namely

As far as the Act relates to licences to
Pawnbrokers.

9 Geo. 4. c. 49. in part.

9 & 10 Vict. c. 98.

17 & 18 Vict. c. 90.

19 & 20 Vict. c. 27.

22 & 23 Vict. c. 14.

23 & 24 Vict. c. 21.

27 & 28 Vict. c. 56. in part

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An Act to amend the
laws in force relating
to the Stamp Duties
on sea insurances, on
articles of clerkship,
on certificates of
writers to the signet,
and of conveyancers

and others, on licences in part; namely—
to dealers in gold and
silver plate, and pawn-
brokers, on drafts on
bankers, and on licen-
ces for stage coaches
in Great Britain, and
on receipts in Ireland

Section twelve as far as the same re-
lates to Pawnbrokers' licences.

- An Act to amend the law for regulating the
hours of receiving and delivering goods
and chattels as pawns in Pawnbrokers'
shops.

- An Act to repeal the
laws relating to usury
and to the enrolment
of Annuities

in part; namely

Section four as far as that section provides that all laws touching and concerning Pawnbrokers shall remain in full force and effect to all intents and purposes whatsoever as if that Act had not been passed.

An Act to amend the Acts relating to Pawnbrokers.

An Act to amend an Act of the thirty-ninth and fortieth years of King George the Third, for better regulating the business of Pawnbrokers.

- An Act to amend the Act for better regu-
lating the business of Pawnbrokers.

- An Act for granting to
Her Majesty certain
Stamp Duties, and to
amend the laws re-
lating to the Inland
Revenue

in part; namely—

Section six as far as the same relates to
Pawnbrokers' licences.

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All entries in the last five columns respecting each pledge shall

be made on the day of the pawning thereof or within four hours after the end of that day.

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