take any pledge in pawn unless the pawner takes the pawn-ticket (a). A pawn-ticket is a "document" within the meaning of the 12th section of this Act, and must be in the form required by the third schedule (b), and filled up with the several particulars required, before it is delivered to the pawner. If the sum advanced upon the pledge be not truly stated on the ticket, the pawnbroker may be convicted of an offence against the Act; and this upon the information of a common informer (c). The several particulars relating to pawn-tickets, stated in the third schedule to the Act, are to be printed on each ticket; for the purpose of informing the pawner what profit and charges the pawnbroker is entitled to make, the pawner's rights as to redemption and surplus on sale of the pledge, also if the pledge be destroyed or damaged by fire, and the course the pawner should take if he lose the pawn-ticket (d). Pledges must not be received from children, nor from persons intoxicated. A pawnbroker must not take an article in pawn from any person appearing to be under the age of twelve years, or to be intoxicated (e). Profits and charges allowed to pawnbrokers. Pawnbrokers may take profits, in respect of (a) Sect. 14. (b) See Forms II., A. B. & C., p. 208. (c) See Casswell v. Morgan, 1 E. & B. 811, 28 L. J. M. C. 208. (d) See the third Schedule, post, p. 208. (e) Sect. 32, cl. 1. loans, on pledges not exceeding (f) the following rates (g): On a loan of 40s. or less, for any time during which the pledge remains in pawn, not exceeding one month, for every 28. or fraction (h) of 28. lent One halfpenny. For every month after the first, including the current month in which the pledge is redeemed, although that month is not expired, for every 2s. or fraction of 28. lent One halfpenny. But if the pledge be redeemed before the end of the first fourteen days after the expiration of any month (i), the pawnbroker will be entitled, in respect of such fourteen days, to take half the amount to which he would have been entitled for the whole month. On a loan above 40s. For every month or part of a month, for every sum of 2s. 6d. or fraction of 2s. 6d. Charge on pawn-ticket— One halfpenny. Where the loan is 10s. or less Where the loan is above 10s. Charge on inspection of sale-book (k)— One halfpenny. One penny. For the inspection of the entry of a sale One penny. (f) Sect. 15. (g) See the fourth Schedule, infra, Appendix, p. 215. (h) "Fraction:" so that, if 2s. 6d. be the sum lent, the pawnbroker may take two halfpennies per month. (i) i.e., any month during which the pledge has been in pawn. (k) This charge must be paid at the time of application. Charge on form of declaration (1)— One halfpenny. The above are the profits and charges which pawnbrokers may demand and take in the cases and according to the rules specified in the fourth schedule to the Pawnbrokers' Act, 1872: and they must not take any other profit, nor demand or take any other charge or sum whatever, in respect of any such loans or pledges (m). The taking of more than the amount specified has been held to be an offence within the previous Act (39 & 40 Geo. 3, c. 99), and cognisable by a court of summary jurisdiction (n). Under the repealed statute (o) it was held, that where the pledge is redeemed after several months, and the interest, according to the terms of the Act, is a sum which is not an exact number of farthings, the pawnbroker is not entitled to calculate the interest on each month separately, taking upon each month the benefit of the fraction of the farthing (p). Intermediate loans. The former Act (g) contained a clause as to the terms upon which intermediate loans might be granted; but the Act of 1872 contains no provision as to intermediate loans: therefore, if a further advance be made (1) This charge must be paid at the time of application. (m) Sect. 15. (0) 39 & 40 Geo. 3, c. 99, s. 2. (n) Rex v. Beard, 12 East, 672. (p) Reg. v. Goodburn, 8 A. & E., 508, 3 Nev. & P. 468. (2) 39 & 40 Geo. 3, c. 99, s. 3. on any article then already in pawn, it will be advisable for the pawnbroker to issue a fresh pawnticket; treating the pledge as redeemed on the old ticket, and re-pawned on a fresh one. Redemption of pledges. Every pledge is redeemable within twelve months (?) from the day of pawning, exclusive of that day, and there is added to that year of redemption seven days of grace, within which every pledge (if not redeemed within the year of redemption) will continue to be redeemable (s). Pledges for 10s. or under, forfeited if not redeemed in time. A pledge pawned for 10s. or under, if not redeemed within the year of redemption and days of grace, will, at the end of the days of grace, become and be the absolute property of the pawnbroker (t). Pledges above 10s. redeemable until sale. A pledge pawned for above 10s. continues to be redeemable until it is disposed of by public auction in the manner provided by the fifth schedule (u), notwithstanding that the year of redemption and days of grace have expired (v). The Pawnbrokers' Act, 1872, does not vest the pro (r) Calendar months must be intended by the Act, though not so expressed in this section. See the third Schedule, post, p. 209, (s) Sect. 16. (u) See post, p. 216. (t) Sect. 17. (v) Sect. 18. perty in pledges above ten shillings absolutely in the pawnbroker after the expiration of the year and days of grace allowed by the statute; but only gives him a power to sell at the expiration of such time, in order that he may reimburse himself his principal and interest. It has been decided long ago that a pawnbroker has no right to sell unredeemed pledges after the expiration of the time allowed by the statute for redemption, if the owner tender him the principal and interest due thereon, at any time before the sale has actually taken place (x). This section is, therefore, merely declaratory of the law as it existed prior to the passing of the present statute, and independently of any statute then in force. Persons entitled to redeem. The holder for the time being of a pawn-ticket is presumed to be the person entitled to redeem the pledge, and, subject to the provisions of the Act, the pawnbroker must accordingly (on payment of the loan and profit) deliver the pledge to the person producing the pawn-ticket, and he is indemnified by the Act for so doing (y). And if a person be in possession of a pawnticket, such is primâ facie evidence of his title to the possession of the pledge, subject to the lien of the pawnbroker: and the Court will not, in the absence of evidence to the contrary, presume any wrongful possession of such ticket (2). (x) Walter v. Smith, 5 B. & Ald. 439, 1 D. & R. 1. (y) Sect. 25. (z) Furber v. Sturmy, 5 Jur. N. S. 45. |