catalogue the amount for which such pledges were sold, together with the several other particulars specified under the headings to the different columns of the sale book. Any pawnbroker who makes false entries in such book as to a pledge having been sold for a less sum than it was actually sold for, or who fails duly to enter the same, will be liable, on conviction, to forfeit to the person aggrieved a sum not exceeding 10l. (p). Pawnbrokers may bid at such auctions. A pawnbroker may bid for and purchase at a sale by auction, made or purporting to be made under the Pawnbrokers' Act, 1872, a pledge pawned with him and on such purchase he will be deemed the absolute owner of the pledge purchased (q). Offences by auctioneers. : If any auctioneer do anything in contravention of the provisions of the Pawnbrokers Act, 1872, relating to auctioneers, or fail to do anything which he is required to do by that Act, he will be guilty of an offence against the same (r). Form of auctioneer's catalogue. Catalogue of unredeemed pledges to be sold by public auction by George Dobbin, on Monday, the 3rd day of April, 1874, at the Metropolitan Sale Rooms, 29, Stone Street, Leicester Square. (p) Sect. 23. (2) Sect. 19, cl. 2. The following by direction of Anthony Jones, of No. 16, Peter Street, Soho, licensed pawnbroker :: Lot. Description of Pledge. Month and Year 1 2 No. in Pawn-Amount for broker's which sold pledge-by auction. book. £. S. d. A Gold Watch, No. C. January(s), 1873. 379. 7 15 0 67508, by Bennett, Cheap side. A double-barrelled Gun, by February, 1873. 6784. 11 11 0 George Dobbin, Auctioneer, Cornhill, London. The following by direction of John Smith, of No. 5, King Street, Mansion House, Licensed Pawnbroker : (s) It is not necessary to state the day of the month. It is important to remember that pictures, prints, books, bronzes, statues, busts, carving in ivory and marble, cameos, intaglios, musical, mathematical and philosophical instruments, and china, must be sold at an auction by themselves, and that no other goods of any description can be sold at the same sale (t). In furnishing the copy catalogue required by the statute after the sale, the complete heading as in the preceding form must appear at the top of each pawnbroker's lots (u). Inspection of pawnbroker's sale-book by holders of pawn-tickets. At any time within three years after the auction at which a pledge pawned for above 10s. is sold, the holder of the pawn-ticket may inspect the entry of the sale in the pawnbroker's book, and in the filled-up catalogue of the auction (authenticated by the signature of the auctioneer), or in either of them (x). The charge for such inspection is one penny (y). The pawnbroker is required to keep such filled-up catalogue for three years at least after the auction (2). If a pawnbroker refuse to permit any such person to inspect the sale-book, or filled-up catalogue, so authenticated as aforesaid, he will be guilty of an offence (t) See fifth schedule, cl. 6, post, p. 217. (u) As pawnbrokers have to keep these copy catalogues and produce them when required, it would be desirable that a uniform size should be adopted, that pawnbrokers may keep them together in a book-fold for ready reference. (x) Sect. 21. (z) Supra, p. 101. (y) Supra, p. 93. against the Act, and be liable on conviction in a Court of summary jurisdiction, to forfeit to the person aggrieved a sum not exceeding 10l. (a). Pawner's rights as to surplus of sale monies. Where any pledge pawned for more than 108. has been sold by auction for more than is sufficient to cover the amount of the loan and profit, the pawnbroker must, on demand, pay the surplus to the holder of the pawn-ticket, if such demand be made within three years after the sale; the necessary costs and charges of the sale (b) being first deducted (c). If the pawner be dead, his executors or administrators will be entitled to the surplus reserved by this section; the rights, powers and benefits conferred by this Act on pawners being extended by the 9th section (d) to the executors, administrators and assigns of pawners. Pawnbroker's rights where a deficit on sale of pledge. If on any such demand it appear from the pawnbroker's book that the sale of a pledge or pledges has resulted in a surplus, and that within twelve months before or after that sale, the sale of another pledge or other pledges of the same person resulted in a deficit, (a) Sect. 23. (b) This must mean the necessary proportion of such costs and charges. Ed. (c) Sect. 22. Similar provisions were contained in the former Act, 39 & 40 Geo. 3, c. 99, s. 20. (d) Ante, p. 79. the pawnbroker may set off the deficit against the surplus, and will be liable to pay the balance only after such set-off (e). In a case which occurred prior to the passing of this Act, where a person pawned three different articles at a pawnbroker's shop, each on separate occasions; which, upon being sold in due course as unredeemed pledges, realised more than sufficient to repay the principal money, interest and expenses of sale; but other articles pawned by him with the same pawnbroker on other and different occasions, did not, upon sale thereof, realise sufficient to repay the principal money, interest, and expenses of sale; it was held, that the pawnbroker had no right under the [now repealed] statute 39 & 40 Geo. 3, c. 99, s. 20, to set-off the loss upon these latter articles against the overplus upon the sale of the others (ƒ). The latter part of the 22nd section of the present Act seems expressly intended to meet cases of this kind, and to allow a pawnbroker to set-off the deficit on sale of one pledge against surplus on another, if the other sale be within twelve months before or after the sale which resulted in a surplus. Any pawnbroker refusing to pay on demand (subject to the stipulations contained in section 22) any surplus money to the person entitled to receive the same, will be liable, on conviction, to forfeit to the person aggrieved a sum not exceeding 10l. (g). (e) Sect. 22. (f) Dobree v. Norcliffe, 23 L. T. N. S. 552 Q. B. |