dant had been in the habit of pawning articles with the plaintiff prior to any of the loans for which the action was brought; and that the plaintiff, having on those former occasions obtained from the defendant the requisite information, had, on the subsequent occasions, filled up the tickets in accordance with the information so obtained, but which it appeared was incorrect, inasmuch as the defendant was described as a housekeeper instead of a lodger, and as of No. 44, Duke Street, Aldgate, instead of No. 46. The jury found that the plaintiff had acted on information derived from the defendant; and, under the direction of the learned judge, found a verdict for the plaintiff. The defendant afterwards moved to set aside the verdict, on the ground of misdirection; but the Court held, that if a pawnbroker put down the matters required by the Act according to the information he has received from the person pawning on previous occasions, having no reason to suppose that information to be incorrect, he complies with the Act. And, per Parke, B.: "It would be an astounding proposition that a pawnbroker is to lose his money or pledge if a man give a false name or a false address, the truth of which the pawnbroker has no means of ascertaining. The statute requires nothing of the sort, but only that he shall make the entries according to the information he receives" (k). Pawnbroker's name must be kept up over the outer door of his shop. Every pawnbroker must always keep exhibited, in (k) Attenborough v. London, 22 L. J. Ex. 251, 8 Ex. 661. large characters, over the outer door of his shop, his Christian name and surname or names, with the word "pawnbroker," or he will be guilty of an offence against the Act (7). Partnerships between pawnbrokers. No legal partnership to carry on the business of pawnbrokers can be constitued between a pawnbroker and a person not licensed as such. And, accordingly, it has been held that an agreement for a secret partnership is a contravention of the laws made for regulating the business of pawnbrokers; and no legal partnership is thereby constituted (m). And per Lord Brougham, C.: "Any agreement of the sort is unlawful; can convey no rights in any court to either party, and will not be enforced by decisions at law or by decree in equity, in favour of one against the other of persons equally culpable" (n). Where two persons entered into an agreement to be partners in the business of pawnbrokers, to be carried on under the name of one of them; and in pursuance of the articles of agreement, the name of one only of the partners was painted over the door of the business premises; the licence also was taken out, and the tickets to the customers were issued, in his sole name, while the other partner (carrying on another business) attended occasionally to inspect the books of the firm, (2) Sect. 13. (m) Armstrong v. Armstrong and another, 3 Myl. & K. 45; Armstrong v. Lewis and others, 2 Cr. & Mees. 274, Ex. Chamb., & 3 Myl. & K. 53. (n) Ibid. 3 Myl. & K. p. 64. and drew a certain per-centage on his share of the capital, out of the profits; it was held, that the agreement constituted a secret partnership, and was therefore illegal and void, as being in contravention of the policy and enactments of the stat. 39 & 40 Geo. 3, c. 99 (0). And so also where the question arose, in a suit for participation of profits, as to the legal existence of a pawnbroking partnership, the name of the alleged partner not appearing over the door of the business premises, nor in the licences, nor pawn-tickets; but it was publicly known that both parties were partners in the business: it was held to be a question for the jury upon the facts, as to what were the stipulations of the partnership, and whether or not it was part of the original contract to carry on a secret partnership, and that the name of one of the partners should be concealed (p). But if the contract be legal in its inception, the mode of carrying on the business will not render it illegal. And so, where the jury have not found as a fact that concealment was part of the original stipulation, the Court will not infer a contract contravening the Act. But where the Court see, by a written agreement of partnership, that it was part of the original contract that the name of any one of the partners should be concealed, there the contract must be dealt with as illegal (9). By the Partnership Law Amendment Act, 1865 ('), (0) Gordon v. Howden, 12 Cl. & Fin. 237. (p) Fraser v. Hill and others, 1 McQ. Ho. L. Ca. 392, 2 Stu. H. L. 65. (q) Ibid. (r) 28 & 29 Vict. c. 86. it is enacted, that the advance of money by way of loan to a person engaged or about to engage in any trade or undertaking, upon a contract in writing with such person that the lender shall receive a rate of interest varying with the profits, or a share of the profits arising from carrying on such trade or undertaking, shall not of itself constitute the lender a partner, or render him responsible as such. And that no contract for the remuneration of a servant or agent by a share of the profits of such trade or undertaking shall, of itself, render such servant or agent responsible as a partner therein, nor give him the rights of a partner. And the widow or child of a deceased partner receiving, by way of annuity, a portion of the profits, will not by reason only of such receipt be deemed a partner. And a person receiving, by way of annuity or otherwise, a portion of the profits of any business, in consideration of the sale by him of the goodwill of such business, will not, by reason only of such receipt, be deemed a partner. Tables of rates of interest, profits, charges, &c. must be exhibited in pawnbrokers' shops. Every pawnbroker must always keep placed in a conspicuous part of his shop (so as to be legible by any person whilst pawning or redeeming a pledge) the same information as that required to be printed on pawn-tickets (s). (s) See the third Schedule, post, p. 208. Any person failing to comply with this requisition, will be guilty of an offence against the Act (t). Business days and hours. A pawnbroker is at liberty to carry on his business on any days in the year excepting Sundays, GoodFridays, Christmas-days (u), and any day or days appointed for a public fast, humiliation, or thanksgiving (v). So that there are now no restrictions in the public statutes as to the hours of opening and closing pawnbrokers' shops: the statute (w) which regulated such, having been repealed by the Pawnbrokers' Act, 1872 (x). And therefore, unless restrained by any local, or local and personal Act, for the time being in force in any city, town, burgh, or other place (y) in which the shop is situated, a pawnbroker is at liberty to keep his shop open and to transact his business without any restriction as to hours. Pawn-tickets must always be given for pledges. Every pawnbroker must, on taking a pledge in pawn, give to the pawner (2) a pawn-ticket, and must not (t) Sect. 13. (u) In Scotland, pawnbrokers are to be at liberty to carry on their business on Good Fridays and Christmas-days. (v) Sect. 32, cl. 4. (x) See the first Schedule, post, p. 205. (2) "Pawner Sec. 56, cl. 9. (y) See sect. 57. means a person delivering an article for pawn to a pawnbroker (sect. 5). |