By the 55 Geo. III. c. 184, sch. part 1, upon every license to be taken out 55 G. 3, c. 184. yearly for using or exercising the trade or business of a pawnbroker, within the cities of London and Westminster, or within the limits of the two-penny post, there shall be paid a duty of 15l. And for using or exercising the trade or business of a pawnbroker elsewhere, 71. 10s. Sect. 3. The said duties to be under the management of the commissioners of the stamp duties. By the 25 Geo. III. c. 48, s. 7 & 8, no person shall keep more than one 25 G. 3, c. 48. house or shop by virtue of one license; but persons in partnership need only take out one license for one house. pawn Sect. 5. All persons who shall receive, by way of pawn, pledge or ex- Who shall be change, any goods for the repayment of money lent thereon, shall be deemed pawnbrokers. deemed Not persons lend. ing at 5 per cent. 39 & 40 G. 3, c. 99. Rate of profit to be taken. Sect. 6. But the same shall not extend to any person who shall lend money at 51. per cent. interest, without taking any further or greater profit for the loan thereof. See also 39 & 40 Geo. III. c. 99, s. 30, post, 38. The 36 Geo. III. c. 87, being in force only for three years, and till the end of the then next session of Parliament, the 39 & 40 Geo. III. c. 99, was substituted in lieu thereof; and, by the latter act, s. 2, it is enacted, “That, upon and from the commencement of this act, it shall be lawful for all Pawnbrokers persons using and exercising the trade or business of a pawnbroker, to de- allowed to take mand, receive, and take of and from all and every person and persons applying or offering to redeem any goods or chattels pawned or pledged with such pawnbroker, a profit, after the following rates, over and above the principal sum and sums which shall have been lent and advanced upon the respective pledge or pledges, before any such pawnbroker shall be obliged to re-deliver the same; (videlicit,) certain rates. For every pledge upon which there shall have been lent any sum not ex- Rates. ceeding two shillings and sixpence, the sum of one halfpenny for any time during which the said pledge shall remain in pawn not exceeding one calendar month, and the same for every calendar month afterwards, including the current month in which such pledge shall be redeemed, although such month shall not be expired: For every pledge upon which there shall have been lent the sum of five shillings, one penny: For every pledge upon which there shall have been lent seven shillings and sixpence, one penny halfpenny: For every pledge upon which there shall have been lent ten shillings, two pence: For every pledge upon which there shall have been lent twelve shillings and sixpence, twopence halfpenny: For every pledge upon which there shall have been lent fifteen shillings, threepence: For every pledge upon which there shall have been lent seventeen shillings and sixpence, threepence halfpenny : For every pledge upon which there shall have been lent one pound, fourpence; and so on progressively and in proportion for any sum not exceeding forty shillings: For every pledge upon which there shall have been lent any sum of money exceeding forty shillings, and not exceeding forty-two shillings, eightpence: And for every pledge upon which there shall have been lent any sum exceeding forty-two shillings and not exceeding ten pounds, at and after the rate of threepence and no more,* for the loan of every twenty shillings for all The taking a greater rate subjects the pawnbroker to the penalties imposed by s.26, post, 47; and the allowance of the specified rates is not merely a dispensation from the law of usury. R. v. Beard, 12 East, 673; post, 47. In 39 & 40 G. 3, c. 99. such money so lent, by the calendar month, including the current month; and so in proportion for any fractional sum: When the intermediate sum lent exceeds 2s. 6d. but does not ex Which said several sums shall be taken in lieu of and as a full satisfaction for all interest due, and charges for warehouse-room.” Sect. 3. " And that, in all cases where any intermediate sum, lent upon any pawn or pledge, shall exceed the sum of two shillings and sixpence, and not exceed the sum of forty shillings, the person lending the same shall and may ceed 40s., the rate take, by way of profit as aforesaid, at and after the rate of fourpence and no more, for the loan of twenty shillings by the calendar month, including the current month as aforesaid." of 4d. for the loan of 20s. by the month to be paid. Pawnbrokers to Sect. 4 provides, “that in all cases where the sum to be demanded, received, give farthings in and taken, by any pawnbroker or pawnbrokers, his, her, or their servant or change. agent, of and from any person or persons applying or offering to redeem any goods or chattels, pawned or pledged with such pawnbroker or pawnbrokers, either as profit upon any sum lent, or as part principal and part profit, shall amount to a total sum, of which the piece of money of the lowest denomination shall be one farthing; and where the person or persons so applying, or offering to redeem such goods or chattels, shall have paid down the sum due for such principal and profit, or for such profit only (as the case may be), except the last remaining farthing, and shall not be able to produce and pay to such pawnbroker or pawnbrokers, his, her, or their servant or agent, a current farthing, and which shall be to the satisfaction and liking of such person or persons to receive the same, but shall, in lieu thereof, tender to such person or persons to receive the same one halfpenny, in order to discharge the said remaining farthing so due as aforesaid, the said pawnbroker or pawnbrokers, his, her, or their servant or agent, to whom such tender of a halfpenny for such purpose as aforesaid shall be made, shall, in exchange thereof, deliver unto such person or persons so redeeming goods as aforesaid, one good and lawful farthing, of the current coin of this kingdom, or in default thereof, shall wholly abate the said remaining farthing from the total sum to be received by him or them, of such person or persons so redeeming goods or chattels as aforesaid." Limiting the pro. fits for part of a month. Pawns to be entered in books. Sect. 5 provides," that in all cases where the party or parties entitled to, and applying for the redemption of goods, pawned within the space of seven days after the expiration of the first calendar month, after the same shall have been pledged, he, she, or they shall and may be at liberty to redeem the same, without paying any thing by way of profit to the pawnbroker for the said seven days, or such part thereof as shall then have elapsed; and that, in all cases where the party or parties so entitled, and applying as aforesaid, after the expiration of the said first seven days, and before the expiration of the first fourteen days of the second calendar month, he, she, or they shall and may be at liberty to redeem such goods, upon paying the profit payable for one calendar month, and the half of another calendar month, to the pawnbroker; but that, in all cases where the party or parties so entitled and applying as aforesaid, after the expiration of the said first fourteen days, and before the expiration of the said second calendar month, it shall be lawful for the pawnbroker to demand and take the profit of the whole second month; and that the like regulation and restriction shall take place, and be in force, in every subsequent calendar month, wherein application shall be made for redeeming goods pawned." Sect. 6. "And that all and every person and persons who, from and after the commencement of this act, shall take, by way of pawn or pledge, of or from any person or persons whomsoever, any goods or chattels, of what kind soever the same shall be, and whereon shall be lent any sum of money exceeding five shillings, shall forthwith, and before he, she, or they, shall or may advance or lend any money upon such pawn or pledge, enter, or cause to be en same, as if there were ten different the transaction is a mere contrivance to conceal usury, and is illegal and void. 1 Moody & M., C. N. P. 141. Pawnbrokers to tered, in a fair and regular manner, in a book or books, to be kept by him, 39 & 10 G. 3, c.99. her, or them, for that purpose, a description of the goods or chattels which he, she, or they, shall receive in pawn, pledge, or exchange, and also the sum of money to be advanced or lent thereon, with the day of the month and year on which, and the name of the person or persons by whom such goods or chattels are so pawned, pledged, or exchanged, and the name of the street and number of the house, if the same shall be said to be numbered, where such person shall abide, and whether such person or persons is or are a lodger in or the keeper of such house, by using the letter “L” if a lodger, and the letter "H" if a housekeeper, and also the name and place of abode of the owner or owners of such goods and chattels, according to the information of the person pawning, pledging, or exchanging, the same; into all which circumstances the pawnbroker is hereby required to inquire of the party pawning, before any money shall be lent or advanced. And, in all cases where the money lent on any such goods or chattels shall not exceed the sum of five shillings, such entry shall be made in such book or books by all and every such person and persons so taking the same by way of pawn, pledge, or exchange, as aforesaid, within four hours next after the said goods and chattels shall have been so pawned, pledged, or exchanged, as aforesaid; and every pledge upon which shall be lent any sum of money above ten shillings shall be entered in the manner aforesaid in a book or books, to be kept for that purpose, separate and apart from all other pledges whatever; and every such entry of such pledge whereon shall be lent any sum of money exceeding ten shillings, shall be numbered in such book or books progressively as they are received in pawn, in the manner following: viz. the first pledge that is received in pawn in the month of September next shall be numbered No. 1, the second No. 2, and so on progressively until the end of the month; and the first pledge that is received in the next month shall be numbered No. 1, and the second No. 2, and so on progressively and in like manner until the end of the month; and the like regulation with respect to the numbers of all pledges above ten shillings shall be observed in every succeeding month throughout the year; and upon give a note de every note or memorandum respecting any such pledge, whereon shall be lent scribing things any sum exceeding ten shillings, as aforesaid, shall be fairly and legibly pawned. written or printed the number of the entry of such pledge, so entered in such book or books, as aforesaid; and every such person shall, at the time of the taking of every pawn, pledge, or exchange, whatsoever, give to the person or persons so pawning, pledging, or exchanging, the same, a note or memorandum, fairly and legibly written or printed, or in part written and in part printed, containing therein, in like manner, a description of the goods and chattels which he, she, or they, have received in pawn, pledge, or exchange, and also the sum of money advanced thereon, with the day of the month and year on which, and the name and place of abode, and number of the house, if said to be numbered, of the person or persons by whom such goods or chattels are so pawned, pledged, or exchanged, and whether such person is a lodger or housekeeper, as aforesaid, by using the letter "L" if a lodger, and the letter "H" if a housekeeper, and also the name and place of abode of the owner or owners thereof, according to the information aforesaid; and upon which said note or memorandum, or on the back whereof, shall be moreover fairly written or printed the name and place of abode of the pawnbroker giving the same; which said note or memorandum the party and parties pawning, pledging, or exchanging, the said goods or chattels shall, and he, she, or they, is and are hereby required to accept and take in all cases; and the pawnbroker shall not receive and retain such pledge, unless the party pledging, or offering to pledge, the same shall accept and take such note or memorandum; and every such note, where the sum lent shall be less than five shillings, shall be delivered gratis; and, where the sum lent shall be five shillings or upwards, and less than ten shillings, such pawnbroker shall and may take one halfpenny for the same; and, where the sum lent shall be ten shillings or upwards, and less than twenty shillings, such pawnbroker shall and may take one penny for the same; and, where the sum lent shall be twenty shillings or upwards, and less than five pounds, the sum of twopence, for the same; and, where the 39 & 40 G.3, c. 99. sum lent shall be five pounds or upwards, the sum of fourpence, and no more; and which note shall be produced to the pawnbroker before he or she shall be obliged to re-deliver the respective goods or chattels, except as hereinafter is excepted." The amount of profits shall be plicates of Sect. 7. "And that, in all cases where any goods or chattels pawned or pledged shall be redeemed, the pawnbroker, of whom the same shall be reindorsed on du deemed, shall, at the time of such redemption, fairly and legibly write or indorse, or cause to be written or indorsed, upon every duplicate respecting such pawn or pledge, the amount of the profit taken by him, or on his account, on the money lent upon such goods or chattels so redeemed, and shall keep such duplicate in his custody for the space of one year then next following." pledges redeemed. Penalty against unlawfully pawning goods, the property of others;⚫ from 51. to 205., and the value of the goods; or imprisonment not exceeding three monthis, and whipping. Penalty on feiting, or uttering notes. Sect. 8. "And that, from and after the commencement of this act, if any person or persons shall knowingly and designedly pawn, pledge, or exchange, or unlawfully dispose of the goods or chattels of any other person or persons, not being employed or authorized by the owner or owners thereof so to do, it shall be lawful for any justice to grant his warrant to apprehend any person so offending; and, if he, she, or they, shall be thereof convicted, by the oath of any credible witness or witnesses, or by the confession of the person or persons charged with such offence, before any justice or justices of the peace for the county, riding, division, city, liberty, town, or place, where the offence shall be committed (which oath every such justice or justices, as aforesaid, is and are hereby empowered and required to administer), every such offender shall, for every such offence, forfeit any sum not exceeding five pounds, nor less than twenty shillings, and also the full value of the goods or chattels so pawned, pledged, or exchanged, or disposed of, such value to be ascertained by such justice or justices; and, in case the said forfeiture shall not be forthwith paid, the justice or justices of the peace, as aforesaid, before whom such conviction shall be had, shall commit the party or parties so convicted to the house of correction, or some other public prison of the county, riding, division, city, liberty, town, or place, wherein the offender or offenders shall reside, or be convicted, there to remain and be kept to hard labour for a space not exceeding three calendar months, unless the said forfeitures shall be sooner paid; and if, within three days before the expiration of the said term of commitment, the said forfeitures shall not be paid, the said justice or justices, at his or their discretion, may order the person or persons so convicted to be publicly whipped in the house of correction or prison to which the offender or offenders shall have been committed, or in some other public place of the county, riding, division, city, liberty, town, or place, where the offence shall have been committed, as to such justice or justices shall seem proper; and the said respective forfeitures, when recovered, shall be applied towards making satisfaction thereout to the party or parties injured, and defraying the costs of the prosecution, as shall be adjudged reasonable by the justice or justices before whom such conviction shall be had; but, if the party or parties injured shall decline to accept of such satisfaction and costs, or if there shall be any overplus of the said respective forfeitures, after making such satisfaction and paying such costs, as aforesaid, then such respective forfeitures, or the overplus thereof (as the case shall happen), shall be paid and applied to and for the use of the poor of the parish or place where such offence shall have been committed, and shall be paid to the overseers of the poor of such parish or place for that purpose." Sect. 9. “And that, if any person or persons whomsoever shall counterfeit, forging, counter forge, or alter, or cause or procure to be counterfeited, forged, or altered, any such note or memorandum, as aforesaid, or shall utter, vend, or sell, any such note, as aforesaid, knowing the same to be counterfeited, forged, or altered, with intent to defraud any person or persons whomsoever, in all, or any, or either, of the said cases, such person or persons shall be punished in manner hereinafter mentioned; and it shall be lawful for any person or persons, his, The 1 Jac. I. c. 21, enacts, that the sale of any goods wrongfully taken to any pawnbroker in London, or within two miles thereof, shall not alter the And see the 30 Geo. II. c. 39 & 40 G. 3, c. 99. her, or their, servants or agents, to whom any note shall be uttered or pro- any not exceeding account of them selves on offering to pawn goods, liable to punish ment. Sect. 10. "And that, in case any person or persons, who shall offer by way of Persons not pawn, pledge, exchange, or sale, any goods or chattels, shall not be able, or shall giving a good refuse to give a satisfactory account of himself, herself, or themselves, or of the means by which he, she, or they, became possessed of such goods or chattels, or shall wilfully give any false information to the pawnbroker, or to his or her servant or servants, as to whether such goods or chattels are his, her, or their, own property or not, or of his or her name and place of abode, or of the name and place of abode of the owner or owners of the said goods or chattels, or if there shall be any other reason to suspect that such goods or chattels are stolen, or otherwise illegally or clandestinely obtained, or if any person or persons not entitled, nor having any colour of title by law to redeem goods or chattels in pledge or pawn, shall attempt or endeavour to redeem the same, it shall be lawful for any person or persons, his, her, or their, servants or agents, to whom such goods or chattels shall be so offered, or with whom such goods or chattels are in pledge, to seize and detain such person or persons, and the said goods or chattels, and to deliver such person or persons immediately into the custody of a constable or other peace officer, who shall and is hereby required, as soon as may be, to convey such person or persons, and the said goods or chattels so offered, before some justice or justices of the peace for the county, riding, division, city, liberty, town, or place, wherein the offence shall be supposed to have been committed; and if such justice or justices shall, upon examination and inquiry, have cause to suspect that the said goods or chattels were stolen, or illegally or clandestinely obtained, or that the person or persons offering and endeavouring to redeem the same shall not have any pretence or colour of right to redeem the same, it shall be lawful for such justice or justices to commit such person or persons into safe custody, for such reasonable time as shall be necessary for the obtaining proper information on the subject, in order to be further examined; and if, upon either of the said examinations, it shall appear to the satisfaction of such justice or justices that the said goods or chattels were stolen, or illegally or clandestinely obtained, or that the person or persons offering or endeavouring to redeem the same hath or have not any pretence or colour of right so to do, the said justice or justices is and are hereby authorized and required to commit the party or parties offending to the common gaol or house of correction of the county, riding, division, city, liberty, town, or place, wherein the offence shall be committed, there to be dealt with according to law, where the nature of the offence shall authorize such commitment by any other law; and where the nature of the offence shall not authorize such commitment by any other law, then such commitment shall be for any time not exceeding three calendar months, at the discretion of such justice or justices." Sect. 11. "And that, from and after the commencement of this act, if any Persons buying person or persons shall knowingly buy or take in as a pledge or pawn, or in ex- or taking in change, any goods of any manufacture, or of any part or branch of any manu- goods or linen, And see the 30 Geo. II. c. 24, s. 7, 8. pledge unfinished |