rade

Dod

No. I.

39 and 40

c. 99.

the piece of money of the lowest denomination shall be one farthing: and P. where the person or persons so applying or offering to redeem such goods ce 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 far George III. thing, 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 remaineing 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 lawmful 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 haforesaid:

ho

V. Provided always, and be it further enacted, That in all cases where Limiting the the party or parties entitled to and applying for the redemption of goods profits for part of spawned within the space of seven days after the expiration of the first ca- of a month. lendar month after the same shall have been pledged, he, she, or they shall ill 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 linas 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 El 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 scases 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 fou 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 subsemcquent calendar month, wherein application shall be made for redeeming ghgoods pawned.

ee

VI. And be it further enacted, That all and every person and persons newho, from and after the commencement of this Act, shall take by way of -thpawn 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 relent 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 entered, in a fair and regular manner, in a -tie book or books to be kept by him, 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 houseer keeper, 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 enquire 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

C

Pawns to be

entered in

books.

c. 99.

No. I. sixth year of the reign of his present Majesty, for regulating the t business of pawnbrokers, shall be, and the same is hereby declared t 39 and 40 full force and effect until the expiration of the present session of George III. ment, and from and after such expiration this Act shall commen take effect, and be put in execution, instead of the said recited Act. II. And be it further enacted, That upon and from the commen of this Act, it shall be lawful for all persons using and exercising th or business of a pawnbroker, to demand, receive, and take of and f and every person and persons applying or offering to redeem any g chattels pawned or pledged with such pawnbroker, a profit, after the ing rates, over and above the principal sum and sums which shall ha lent and advanced upon the respective pledge or pledges, before a pawnbroker shall be obliged to re-deliver the same; (videlicet,)

Pawnbrokers

allowed to take certain rates.

Rates.

When the intermediate

sum lent exceeds 28.6l. but does not exceed 40s. the rate of 4d. for the loan of 20s. by the month to be paid. Pawnbrokers to give farthings in change.

For every pledge upon which there shall have been lent any s exceeding two shillings and sixpence, the sum of one halfpenny time during which the said pledge shall remain in pawn not exceed calendar month, and the same for every calendar month afterwards, ing the current month in which such pledge shall be redeemed, a such month shall not be expired:

For every pledge upon which there shall have been lent the sum shillings, one penny:

For every pledge upon which there shall have been lent seven s and sixpence, one penny halfpenny:

For every pledge upon which there shall have been lent ten sl twopence:

For every pledge upon which there shall have been lent twelve s and sixpence, twopence halfpenny:

For every pledge upon which there shall have been lent fifteen sl threepence:

For every pledge upon which there shall have been lent sevente lings and sixpence, threepence halfpenny :

For every pledge upon which there shall have been lent one poun pence and so on progressively and in proportion for any sum not ing forty shillings:

For every pledge upon which there shall have been lent any sum ney exceeding forty shillings and not exceeding forty-two shillings

pence:

And for every pledge upon which there shall have been lent any s ceeding forty-two shillings and not exceeding ten pounds, at and ai rate of threepence and no more (1), for the loan of every twenty s for all such money so lent, by the calendar month, including the month; and so in proportion for any fractional sum:

Which said several sums shall be taken in lieu of and as a full satis for all interest due, and charges for warehouse room.

III. And be it further enacted by the authority aforesaid, That cases where any intermediate sum lent upon any pawn or pledge sl ceed the sum of two shillings and sixpence and not exceed the sum shillings, the person lending the same shall and may take, by way o as aforesaid, at and after the rate of fourpence and no more, for tl of twenty shillings by the calendar month, including the current mc aforesaid.

IV. Provided always, and be it further enacted, That in all cases the sum to be demanded, received, and taken by any pawnbroker or brokers, his, her, or their servant or agent, of and from any person sons applying or offering to redeem any goods or chattels pawned or pl with such pawnbroker or pawnbrokers, either as profit upon any sun or as part principal and part profit, shall amount to a total sum of

(1) The taking a greater rate subjects the pawnbroker to the penalties imposed by section 26; and the allowance of the specified

rates is not merely a dispensation from law of usury. Rex e. Beard, 12 E. 673

all

ΟΙ

No. I.

39 and 40

c. 99.

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 far- George III. thing, and shall not be able to produce and pay to such pawnbroker or de 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 a 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 aloresaid:

V. Provided always, and be it further enacted, That in all cases where Limiting the the party or parties entitled to and applying for the redemption of goods profits for part fir pawned within the space of seven days after the expiration of the first ca- of a month. lendar 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 subseoquent calendar month, wherein application shall be made for redeeming h: goods pawned.

VI. And be it further enacted, 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 entered, in a fair and regular manner, in a book or books to be kept by him, 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 enquire 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

Pawns to be entered in books.

in the manner aforesaid in a book or books to be kept for that purpose, se parate 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; (videlicet) the first pledge that is receiv ed 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 every note or memorandum respecting any such pledge whereon shall be lent any sum exceeding ten shillings as aforesaid, shall be fairly and legibly 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 morcover 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 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.

VII. And be it further enacted, That in all cases where any goods or chattels pawned or pledged shall be redeemed, the pawnbroker of whom the same shall be redeemed 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.

VIII. And be it further enacted, 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,

fal

cer

No. I.

39 and 40

c. 99.

from 51. to 208. and the value of the goods; or imprisonment not exceeding three months and

whipping.

herty, town, or place where the offence shall be committed, (which every such justice or justices as aforesaid is and are hereby empowered required to administer), every such offender shall, for every such offorfeit any sum not exceeding five pounds nor less than twenty shil- George III. and also the full value of the goods or chattels so pawned, pledged, anged, or disposed of, such value to be ascertained by such justice or ices; and in case the said forfeitures shall not be forthwith paid, the ce or justices of the peace as aforesaid before whom such conviction be had, shall commit the party or parties so convicted to the house of tion, or some other publick prison of the county, riding, division, city, own, or place wherein the offender or offenders shall reside, or be ad, there to remain and be kept to hard labour for a space not exng three calendar months, unless the said forfeitures shall be sooner ; and if within three days before the expiration of the said term of mitment the said forfeitures shall not be paid, the said justice or jusat his and their discretion, may order the person or persons so coned to be publickly whipped in the house of correction or prison to which fender or offenders shall have been committed, or in some other pubplace of the county, riding, division, city, liberty, town, or place where fence shall have been committed, as to such justice or justices shall proper; and the said respective forfeitures, when recovered, shall be ed towards making satisfaction thereout to the party or parties inand defraying the costs of the prosecution, as shall be adjudged reable by the justice or justices before whom such conviction shall be but if the party or parties injured shall decline to accept of such sation and costs, or if there shall be any overplus of the said respective ures, after making such satisfaction and paying such costs as aforethen such respective forfeitures, or the overplus thereof (as the case happen) shall be paid and applied to and for the use of the poor of the or place where such offence shall have been committed, and shall be to the overseers of the poor of such parish or place for that purpose. K. And be it further enacted, That if any person or persons whomso- Penalty on all counterfeit, forge, or alter, or cause or procure to be counter- forging, counred, or altered, any such note or memorandum as aforesaid, or terfeiting or Clutter, rend, or sell any such note as aforesaid, knowing the same to uttering notes. reited, forged, or altered, with intent to defraud any person or rsons whomsoever, in all or any or either of the said cases, such person or shall be punished in manner hereinafter mentioned; and it shall ful for any person or persons, his, her, or their servants or agents to any note shall be uttered or produced, shewn, or offered, which he,· or they shall have reason to suspect to have been counterfeited, forged, tered, to seize and detain such person or persons uttering, producing, ing, or offering the same, and to deliver him, her, or them, as soon as niently may be, into the custody of a constable, or other peace officer, all and is hereby required, as soon as conveniently may be, to conech person or persons before some justice or justices of the peace for ounty, riding, division, city, liberty, town, or place wherein the offence supposed to have been committed; and if upon examination it shall to the satisfaction of such justice or justices, that the person or perred with having committed any such offence is or are guilty therethen, and in every such case, the said justice or justices is and are herehorized and required to commit the party or parties offending to the gaol or house of correction of the county, riding, division, city, ts, town, or place wherein the offence shall be committed, there to be Imprisonment soned for any time not exceeding the space of three calendar months, the discretion of such justice or justices.

tte

not exceeding three months. And be it further enacted, That in case any person or persons who Persons not fer by way of pawn, pledge, exchange, or sale, any goods or chattels, giving a good ot be able, or shall refuse to give a satisfactory account of himself, account of or themselves, or of the means by which he, she, or they became themselves on ed of such goods or chattels, or shall wilfully give any false informa- offering to to the pawnbroker, or to his or her servant or servants, as to whether Pawn goods, goods or chattels are his, her, or their own property or not, or of his punishment.

liable to