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served to and conferred on pawners shall extend to and Assigns, be deemed to be reserved to and conferred on the assigns executors, &c. of of pawners, and to and on the executors or adminis- pawners. trators of deceased pawners; but any person representing himself to a pawnbroker to be the assign, executor, or administrator of a pawner shall, if required by the pawnbroker, produce to the pawnbroker the assignment, probate, letters of administration, or other instrument under which he claims.

X. This Act shall apply—

Application of Act in

(1.) To every loan by a pawnbroker of forty shillings respect of

or under :

(2.) To every loan by a pawnbroker of above forty shillings and not above ten pounds, except as in this Act otherwise provided in relation to cases where a special contract respecting the terms of the loan (as authorised by this Act) is made between the pawner and the pawnbroker at the time of the pawning.

Nothing in this Act shall apply to a loan by a pawnbroker of above ten pounds, or to the pledge on which the loan is made, or to the pawnbroker or pawner in relation to the loan or pledge; and, notwithstanding anything in this Act, a person shall not be deemed a pawnbroker by reason only of his paying, advancing, or lending on any terms any sum or sums of above ten pounds.

XI. Nothing in this Act shall apply to a loan made by a pawnbroker before the commencement of this Act, or to the pledge on which the loan is made, or to the pawnbroker or pawner in relation to the loan or pledge ; and the enactments in force at the time of the making of the loan shall, after and notwithstanding the commencement of this Act, have effect in relation to every such loan and pledge, as if this Act had not been passed.

General obligations of pawnbrokers.

XII. A pawnbroker shall keep and use in his busi

loans.

Exception before commencemen

of loans

of Act.

Pawn

brokers to keep books, &c. as in schedule.

Pawn-
brokers to

keep names
over doors,
and tables
of rates, &c.
exhibited in
shops.

Pawn

given for

ness such books and documents as are described in the
Third Schedule to this Act, in the forms therein indi-
cated or to the like effect, and shall from time to time
as occasion requires enter therein in a fair and legible
manner the particulars indicated in and in accordance
with the directions of that schedule, and shall make all
inquiries necessary for that
purpose.

If a pawnbroker fails in any respect to comply with the requisitions of this section he shall be guilty of an offence against this Act.

XIII. A pawnbroker shall observe the following rules :

(1.) He shall always keep exhibited in large characters over the outer door of his shop his Christian name and surname or names, with the word pawnbroker:

(2.) He shall always keep placed in a conspicuous part of his shop (so as to be legible by every person pawning or redeeming pledges, standing in any box or place provided in the shop for persons pawning or redeeming pledges) the same information as is by the rules of the Third Schedule to this Act required to be printed on pawntickets.

If a pawnbroker fails in any respect to comply with the requisitions of this section he shall be guilty of an offence against this Act.

Pawning; redemption; sale.

XIV. A pawnbroker shall on taking a pledge in tickets to be pawn give to the pawner a pawn-ticket, and shall not take a pledge in pawn unless the pawner takes the pawn-ticket.

pledges.

Profit and charges allowed to pawnbrokers.

XV. A pawnbroker may take profit on a loan on a pledge at a rate not exceeding that specified in the Fourth Schedule to this Act.

A pawnbroker may demand and take the charges

specified in the same schedule, in the cases and according to the rules therein stated and prescribed.

A pawnbroker shall not, in respect of a loan on a pledge, take any profit, or demand or take any charge or sum whatever, other than those specified in the same schedule.

A pawnbroker shall, if required at the time of redemption, give a receipt for the amount of loan and profit paid to him; and such a receipt shall not be liable to stamp duty unless the profit amounts to forty shillings or more.

Pledges refor one

deemable

year,

with

seven days

XVI. Every pledge shall be redeemable within twelve months from the day of pawning, exclusive of that day; and there shall be added to that year of redemption seven days of grace, within which every pledge (if not of grace." redeemed within the year of redemption) shall continue to be redeemable.

XVII. A pledge pawned for ten shillings, or under, if not redeemed within the year of redemption and days of grace, shall at the end of the days of grace become and be the pawnbroker's absolute property.

XVIII. A pledge pawned for above ten shillings shall further continue redeemable until it is disposed of, as in this Act provided, although the year of redemption and days of grace are expired.

XIX. A pledge pawned for above ten shillings shall, when disposed of by the pawnbroker, be disposed of by sale by public auction, and not otherwise; and the regulations in the Fifth Schedule to this Act shall be observed with reference to the sale.

A pawnbroker may bid for and purchase at a sale by auction, made or purporting to be made under this Act, a pledge pawned with him; and on such purchase he shall be deemed the absolute owner of the pledge purchased.

Pledges for 10s, or under deemed in

not re

time forfeited.

Pledges redeemable until sale.

above 10s.

Sale by pledges

auction of

above 10s.

by

Auctioneers.

XX. If an auctioneer does anything in contravention offences of the provisions of this Act relating to auctioneers, or fails to do anything which he is required by this Act to do, he shall be guilty of an offence against this Act.

Power to inspect sale book.

Pawnbroker to account for surplus within three years, subject to setoff.

Offences as to pledges for above

10s.

XXI. At any time within three years after the auction at which a pledge pawned for above ten shillings 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.

XXII. Where a pledge pawned for above ten shillings is sold, and appears from the pawnbroker's book to have been sold for more than the amount of the loan and profit due at the time of sale, the pawnbroker shall, on demand, pay the surplus to the holder of the pawnticket in case the demand is made within three years after the sale, the necessary costs and charges of the sale being first deducted.

If on any such demand it appears 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 has resulted in a deficit, the pawnbroker may set off the deficit against the surplus, and shall be liable to pay the balance only after such set-off. XXIII. If with respect to pledges for loans of above ten shillings a pawnbroker

(1.) Does not bona fide according to the directions of this Act sell a pledge pawned with him :

(2.) Enters in his book a pledge as sold for less than the sum for which it was sold, or fails duly to enter the same:

(3.) Refuses to permit any person entitled under this Act to inspection of an entry of sale in the pawnbroker's book, or of a filled-up catalogue of the auction, authenticated by the auctioneer's signature, to inspect the same:

(4.) Fails without lawful excuse (proof whereof shall lie on him) to produce such a catalogue on lawful demand:

(5.) Refuses to pay on demand the surplus to the person entitled to receive the same :

he shall in every such case be guilty of an offence against

this Act, and shall be liable on conviction thereof in a Court of summary jurisdiction to forfeit to the person aggrieved a sum not exceeding ten pounds.

Special contracts.

XXIV. Notwithstanding anything in this Act, a
pawnbroker may make a special contract with a pawner
in respect of a pledge on which the pawnbroker makes
a loan of above forty shillings, provided always that—
(1.) The pawnbroker at the time of the pawning shall

deliver to the pawner a special contract pawn-
ticket, signed by the pawnbroker:

(2.) A duplicate of the special contract pawn-ticket
shall be signed by the pawner.

The provisions of this Act, save as far as the application thereof is excluded by the terms of the special contract, shall apply thereto.

A special contract pawn-ticket, or the duplicate thereof, shall not be subject to stamp duty.

Delivery up of pledge.

XXV. The holder for the time being of a pawn-ticket shall be presumed to be the person entitled to redeem the pledge, and, subject to the provisions of this Act, the pawnbroker shall accordingly (on payment of the loan and profit) deliver the pledge to the person producing the pawn-ticket, and he is hereby indemnified for so doing.

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XXVI. A pawnbroker shall not (except as in this Production Act provided) be bound to deliver back a pledge unless the pawn-ticket for it is delivered to him.

XXVII. Where a pledge is destroyed or damaged by or in consequence of fire, the pawnbroker shall nevertheless be liable, on application within the period during which the pledge would have been redeemable, to pay the value of the pledge, after deducting the amount of the loan and profit, such value to be the amount of the

of pawnticket on redemption.

Liability of pawnbroker in case of

fire.

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