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39 & 40 6. 3, c.99. justice or justices, that the person or persons charged with having committed

any such offence is or are guilty thereof, then, and in every such case, 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 Imprisonment.

shall be committed, there to be imprisoned for any time not exceeding the

space of three calendar months, at the discretion of such justice or justices." Persons not giving Sect. 10.“ In case any person or persons, who shall offer by way of pawn, a good account of pledge, exchange, or sale, any goods or chattels, shall not be able, or shall fering to pawn

refuse to give a satisfactory account of himself, herself, or themselves, or of goods, liable to the means by which be, she, or they became possessed of such goods or punishment, chattels, or shall wilfully give any false information to the pawnbroker, or (And see the 30 to his or her servant or servants, as to whether such goods or chattels are his, Geo. 3, c. 24, her, or their own property or not, or of his or her name and place of abode, s. 7, 8.]

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, 1:10 shall and is hereby required, as soon as may be, to convey such person : 1 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 lo 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 bath 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 commit ment shall be for any time not exceeding three calendar months, at the discretion of such justice or justices."

Sect. 11. “ If any person or persons shall knowingly buy or take in as a Persons buying or pledge or pawn, or in exchange, any goods of any manufacture, or of an taking in pledge part or branch of any manufacture, either mixed or separate, or any mate unfinished goods rials whatsoever, plainly intended for the composing or manufacturing o or linen, or appa- any goods, after such goods or materials respectively are put into a state o rel intrusted to course of manufacture, or into a state for any process or operation to b others to wash or thereupon or therewith performed, and before such goods or materials ar mend, to forfeit double the sum

completed or finished for the purposes of wear or consumption, or any line lent, and restore

or apparel, which goods, materials, linen, or apparel are or shall be intruste the goods. [And to any person or persons to wash, scour, iron, mend, manufacture, work see 30 Geo. 2, c. finish, or make up, and shall be convicted of the same, on the oath of or 24, s. 6.] credible witness, or on confession of the party or parties, before one or mol

justice or justices, every such person or persons shall forfeit double the su given for or lent on the same, to be paid to the poor of the parish whe the offence is committed, to be recovered in the same manner as any other 39 & 40 G. 3, c. 99. forfeitures are by this act directed to be recovered, and shall likewise be obliged to restore the said goods and materials to the owner or owners thereof, in the presence of the said justice or justices.”

Sect. 12. “ If the owner or owners of any goods of any manufacture, or Empowering of any part or branch of any manufacture, either mixed or separate, or peace officers

to any materials whatsoever, plainly intended for the composing or manufac- search for unfitoring of any goods, after such goods or materials respectively are put into uished goods, &c. a state or course of manufacture,

or into a state for any process or operation by, which shall be to be thereupon or therewith performed, and before such goods or materials restored to the are completed or finished for the purposes of wear or consumption, or any owner. [And see hina or apparel, which goods, materials, linen, or apparel are or shall be, 30 Geo. 2, c. 24, u imtrusted as aforesaid, unlawfully pawned, pledged, or exchanged, shall s. 9.) take out, either un bis, her, or their oath, or by the oath of any credible FitRess, or, being one of the people called Quakers, by solemn affirmation, befae any justice or justices of the peace, within his or their jurisdiction, that there is just cause to suspect that any person or persons, within the jurisdiction of any such jastice or justices, bath or have taken to pawn, or by way of pledge, or in exchange, any such goods or materials, linen, or apparel, so intrusted as aforesaid, of such owner or owners, and without the privity or authority of such owner or owners thereof, and shall make appear to the satisfaction of any such justice or justices probable grounds for such the suspicion of the owner or owners thereof, then and in any such case, any justice or justices of the peace, within his or their jurisdiction, may issue his or their warrant for searching, within the hours of business, the bouse, warehouse, or other place of any such person or persons who shall be charged, on oath or affirmation as aforesaid, as suspected to have received or taken in pawn, or by way of pledge, or in exchange, any such goods or materials, linen, or apparel, without the privity of or authority from the oa ber or owners thereof; and if the occupier or occupiers of any house, Farebouse, or other place wherein any such goods, materials, linen, or apparel shall on oath or affirmation, as aforesaid, be charged or suspected to be, shall

, after the commencement of this act, on request made to him,
her

, or them, to open the same, by any peace officer authorized to search
there by warrant from any justice or justices of the peace for the county,
riding, division, city, liberty, town, or place in which such house, warehouse,
of other place shall be situate, refuse to open the same, and permit the same
to be searched, it shall be lawful for any peace officer to break open any
such house, warehouse, or other place, within the bours of business, and to
Search as he shall think fit therein for the goods, materials, linen, or apparel
suspected to be there, doing no wilful damage ; and no pawnbroker or
other person or persons shall oppose or hinder any such search ; and if, upon
the search of the house, warehouse, or other place of any such suspected
person or persons as aforesaid, any of the goods, materials, linen or apparel,
which shall have been so pawned, pledged, or exchanged as aforesaid, shall
be found, and the property of the owner or owners thereof shall be made
out to the satisfaction of any such justice or justices, by the oath of one or
note credible witness or witnesses, or if any such witness or witnesses shall
be of the people called Quakers, by solemn affirmation, or by the confession
of the person or persons charged with any such offence, any such justice or
justices shall thereupon cause the goods, materials, linen, or apparel, found
on any such search, and pawned, pledged, or exchanged as aforesaid, to be
forthwith restored to the owner or owners thereof."
Sect

. 13. “If the owner or owners of any goods or chattels unlawfully Where goods are pawned, pledged, or exchanged, shall make out, either on his, her, or their unlawfully pawn. math, or by the oath of any credible witness, or being one of the people

broker to restore called Quakers, by solemn affirmation, before any justice or justices of the

them.(a).
peace within his or their jurisdiction, that such owner or owners hath or
have had his, her, or their goods or chattels unlawfully obtained or taken
(a) This provision does not it seems and the real owner is not bound to tender

away the common law remedy, by the duplicate. (Peet v. Buxter, 1 Stark.
demand and action of trover or detinue, 472 ; Hartop v. Hoare, 1 Wils. 8 ;

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39 & 40 G. 3, c. 99. from him, her, or them, and that there is just cause to suspect that any

person or persons within the jurisdiction of any such justice or justices bath or have taken to pawn, or by way of pledge or in exchange, any goods or chattels of such owner or owners, and without the privity or authority of such owner or owners thereof, and shall make appear to the satisfaction of any such justice or justices probable grounds for such the suspicion of the owner or owners thereof, then and in any such case any justice or justices of the peace within his or their jurisdiction, may issue his or their warrant for searching within the hours of business, the house, warebouse, or other place of any such person or persons who shall be charged on oath or affirmation as aforesaid, as suspected to have received or taken in pawn, or by way of pledge or in exchange, any such goods or chattels, without the privity of or authority from the owner or owners thereof; and if the occupier or occupiers of any house, warehouse, or other place wherein any such goods or chattels shall, on oath or affirmation as aforesaid, be charged or suspected to be, sball, after the commencement of this act, on request made to him, her, or them, to open the same by any peace officer authorized to search there, by warrant from a justice or justices of the peace for the county, riding, division, city, liberty, town, or place, in which such house, warehouse, or other place, shall be situate, refuse to open the same and permit the same to be searched, it shall be lawful for any peace officer to break open any such house, warehouse, or other place, within the hours of business, and to search as he shall think fit therein, for the goods or chattels suspected to be there, doing no wilful damage; and no pawnbroker, or other person or persons, shall oppose or hinder any such search; and if, upon the search of the house, warehouse, or other place of any such suspected person or persons as aforesaid, any of the goods or chattels which shall bave been so pawned, pledged, or exchanged, as aforesaid, shall be found, and the property of the owner or owners from whom the same shall have been unlawfully obtained or taken, shall be made out to the satisfaction of any such justice or justices, by the oath of one or more credible witness or witnesses, or if any such witness or witnesses shall be of the people called Quakers

, by solemn affirmation, or by the confession of the person or persons charged with any such offence, any such justice or justices shall thereupon cause the goods and chattels found on any such search, and pawned, pledged, or exchanged as aforesaid, to be forthwith restored to the owner or owners

thereof." Penalty on pawn. Sect. 14. “ If any goods or chattels shall be pawned or pledged for securing broker who will any money lent thereon, not exceeding in the whole the principal suin of not deliver up ten pounds, and the profit thereof, and if within one year after the pawning goods to pawner. or pledging thereof, (proof having been made on oath or affirmation as afore

said (a) by one or more credible witness or witnesses, and by producing the note or memorandum directed to be given by this act as aforesaid, before any justice or justices, to the satisfaction of any such justice or justices, of the pawn. ing or pledging of any such goods or chattels within the said space of one year, or one

year and three months, as the case may be,) any such pawper or pawners who was or were the real owner or owners of such goods or chattels at the time of the pawning or pledging thereof, his, her, or their executors, administrators, or assigns, shall tender unto the person or persons who lent

, on the security of the goods or chattels pawned, his executors, administrutors, or assigns, the principal money borrowed thereon, and profit

, according to the table of rates by this act established ; and the person who took such goods or chattels in pawn, his or her executors, administrators, or assigns, shall thereupon, without showing (b) reasonable cause for so doing, 2 Stra. 1187 ; 3 Atk. 44, &c.; Packer ness of pawnbrokers. See the enactment, v. Gillies, 2 Campb. 336 ; sed vide post, 152, and title “ Oaths," Vol. III. Parker v. Patrick, 5 T.R. 175.) There (6) A pawnee is bound to observe is no market overt for pawning. (16. ibid. ; more than ordinary care over the thing Chit. Col. St. 755.)

bailed; and if goods be taken out of bis (a) The 5 & 6 Wil. IV. c. 62, substi- possession through stealth or by want of tutes a declaration for the oaths required due caro, he will be liable, but not if the by any act in force for regulating the busi- goods are forcibly taken out of his page

to the satisfaction of such pastice or justices, neylect or refuse to deliver back 39 & 40 G. 3, c. 99. the goods or chattels so pau'ned, for any sum or sums of money not exceeding the said principal sum of 101.

, to the person or persons who borrowed the money thereon, his, her, or their executors, administrators, or assigns, then and in any such case, on oath or affirmation as aforesaid thereof, made by the pawner or pawners thereof, his, her, or their executors, administrafors, or assigns, or some other credible person, any justice or justices of the peace for the county, riding, division, city, liberty, iown, or place, where the person or persons who took such pawn as aforesaid, his executors, administrators, or assigns shall dwell, on the application of the borrower or borwers, bis, her, or their executors, administrators, or assigns, is and are hereby required to cause such person or persons who took such paun, his, her, or their executors, administrators, or assigns, within the jurisdiction of the justice or justices, to come before such justice or justices; and such justice a justices is and are bereby authorized and required to examine, on oath e solemn affirmation, as the case may require, the parties themselves, and such other credible person or persous as shall appear before him or them teaching the premises; and if tender of the principal money due, and all profit thereon, as aforesaid, shall be proved by oath or aflirmation as aforesaid to have been made (such principal money not exceeding the said sum of ten pounds) to the lender or lenders thereof, his, her, or their executors, administrators, or assigns, by the borrower or borrowers of such principal money, his, her, or their executors, administrators, or assigns, within the said space of one year, or one year and three months, as the case may be, after the said pawning or pledging of the goods or chattels, then on payment by the borrower or borrowers, his, her, or their executors, administrators, or assigns, of such principal money, and the profit due thereon, as aforesaid, to ebe lender or lenders, his, her, or their executors, administrators, or assigns; and in case the lender or lenders, his, her, or their executors, or adminis(rators, or assigns, shall refuse to accept thereof, on tender thereof to him, her, or them, made by the borrower or borrowers thereof, his, her, or their esecutors, administrators, or assigns, before any such justice or justices, such justice or justices shall thereupon, by order under his or their hand or hands, direct the goods or chattels so pawned forth with to be delivered up to the pawner or pawbers thereof, bis, her, or their executors, administrators, or assigns; and if the person or persons who shall have lent any principal sum ei sums of money, not exceeding in the whole the said sum of ten pounds,

any goods or chattels pawned, his, her, or their executors, administrators, of assigns

, shall neglect or refuse to deliver up, or make satisfaction for the goods or chattels, which shall be so proved to the satisfaction of such justice or justices as aforesaid to have been so pawned, as any such justice or justices of the peace as aforesaid shall order and direct, then any such justice ar justices shall, and is and are hereby authorized and required to commit(a)

Imprisonment the party or parties so refusing to deliver up or make satisfaction for the re-delivery of the same, to the house of correction, or some other public prison, for the county, goods, or satisfacniding

, division, city, liberty, town, or place, wherein the offender or offenders tion made. shall reside or be convicted, there to remain without bail or mainprize, until be

, ske, or they shall deliver up the goods or chattels so pawned, and continuing redeemable as aforesaid, according to the order of such justice or justices as aforesaid, or make such satisfaction or compensation as such justice or justices shall adjudge reasonable for the value thereof, to the party or parties entitled to the redemption of such goods or chattels so pawned, and continuing redeemable as aforesaid."

Sect. 13. “ To prevent any inconvenience to persons carrying on the trade Persons producing and business of a pawnbroker, from several different persons claiming a pro- notes or memoperty in the same goods or chattels, be it further enacted, that from and after randums dermed leksion, unless through his fault. (Sir incorporated with sec. 24th, post, 147, 80 W. Jones, 75, 79 ; Coggs v. Barnard, as to enable justices to commit under that L. Raym. 917. And see Clark v. section. (Er p. Cording, 4 B. & Ad. Earnshau, Gow's C. N. P. 30.) 198; 1 N. & M. 35, S. C.) (a) This enactment is not in any way

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the owners.

39 & 40 G. 3, c. 99. the commencement of this act, any person or persons who shall at any tim

produce any such note or memorandum as aforesaid, to the person or person with whom the goods therein specified were pawned or pledged, as th owner thereof, or as authorized by the owner thereof, lo redeem the same and require a delivery of the goods or chattels mentioned therein, to him her, or them, such person or persons shall be, and is and are hereby deeme and taken to be, so far as respects the person or persons having such good and chattels in pledge, the real owner and owners, proprietor and proprietor of such goods and chattels, and the person or persons so using the said trad and business of a pawnbroker shall be, and is and are hereby directed an required, after receiving satisfaction pursuant to the provisions of this ac respecting principal and profit, to deliver such goods and chatiels to the person or persons who shall so produce the said note or memorandum to him her, or them, and shall be, and is and are hereby indemnified for so doing unless he, she, or they shall have had previous notice from the real owner o owners thereof not to deliver the same to the person or persons producing such pote, or unless notice shall have been given to him, her, or them, tha the goods and chattels pawned have been, or are suspected to have been, fraudulently or feloniously taken or obtained, and unless the real owner op owners thereof proceeds or proceed, in manner hereinafter provided and directed for the redeeming of goods and chattels pledged, where such note hath been lost, mislaid, destroyed, or fraudulently obtained from the owner

or owners thereof." Where notes or Sect. 16. “ In case any pawnbroker shall have had such previous notice memorandums as aforesaid, or in case any such note or memorandum as aforesaid shall be lost, pawnbruker lost, mislaid, destroyed, or fraudulently obtained from the owner or owners to deliver a copy. thereof, and the goods and chattels mentioned therein shall remain unre

deemed, that then and in every such case the pawnbroker or pawnbrokers
with whom the said goods and chattels were so pledged, shall, at the request
and application of any person or persons who shall represent himself, her-
self, or themselves to the pawnbroker as the owner or owners of the goods
and chattels in pledge as aforesaid, deliver to such person or persons so
requesting and applying for the same, a copy of the note or memorandum so
lost, mislaid, destroyed, or fraudulently obtained as aforesaid, with the form
of an affidavit of the particular circumstances attending the case, printed or
written, or in part printed and in part written, on the said copy, as the same
shall be stated to him or her by the party applying as aforesaid, for which
copy of such note or memorandum, and form of affidavit, in case the money
lent shall not exceed the sum of five shillings, the pawnbroker shall receive
the sum of one halfpenny; and in case the money lent shall exceed the sum
of five shillings, and not exceed the sum of ten shillings, the pawnbroker
shall receive the sum of one penny; and in case the money lent shall
exceed the sum of ten shillings, the pawnbroker shall receive the like sum
of money as is entitled to receive and take on giving the original note or
memorandum, such money to be paid by the party applying for the same at
the time of making the said application; and the person or persons having
so obtained such copy of the note or memorandum, and form of affidavit as
aforesaid, shall thereupon prove his, ber, or their property in, or right to,
such goods and chattels, to the satisfaction of some justice of the peace for
the county, riding, division, city, town, liberty, or place, where the said goods
or chattels shall have been pledged, pawned, or exchanged, and shall also
verify, on oath or affirmation, as the case may be, before the said justice,
the truth of the particular circumstances attending the case mentioned in
such affidavit or affirmation to be made as aforesaid, the caption of such oath
or affirmation to be authenticated by the hand-writing thereto of the justice
before whom the same shall be made, and who shall, and is hereby required,
so to authenticate the same; whereupon the pawnbroker sball suffer the
person or persons proving such property to the satisfaction of such justice as
aforesaid, and making such affidavit or affirmation as aforesaid, on leaving
such copy of the said note or memorandum, and the said affidavit or affirma-
tion, with the said pawnbroker, to redeem such goods or chattels.”

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