Pawnbrokers (CAP. 309 1

CHAPTER 309

THE PAWNBROKERS ACT

Arrangement of Sections
Section

1. Short title.
2 . Interpretation.

PART I

Application of Act

3 . Extension of Act to keepers of certain shops.
4. Personal representatives of pawnbrokers.
5. Servants, apprentices and agents of pawnbrokers.
6. Representation of pawners.
7. Application of this Act in respect of loans.

PART I1

General Obligations of Pawnbrokers

8. Pawnbrokers to keep certain books and documents.
9. Pawnorokers to keep names over doors, and tables of

rates, &c., exhibited in shops.

PART I11

Pawning, Redemption and Sale

10. Pawn-tickets to be given for pledges.
11. Profits and charges allowed to pawnbrokers.
12. Pledges redeemable for one year with seven days of

grace.
13. Pledges for $2.40 or under, not redeemed in time

forfeited.
14. Pledges above $2.40 redeemable until sale.
15. Sale by auction of pledges above $2.40.
16. Offences by auctioneers.
17. Power to inspect sale book.

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2 CAP. 309) Pawnbrokers

Section

18. Pawnbroker to account for surplus within three years
subject to set-off.

19. Offences as to pledges for above $2.40.

PART IV

Special Contracts

20. Power to make special contracts, subject to restrictions.

PART V

Delivery up of Pledge

21. Holder of pawn-ticket entitled to redeem.
22. Production of pawn-ticket on redemption.
23. Liability of pawnbroker in case of fire.
24. Compensation for depreciation of pledge.
25. Protection of owners and of pawners not having

pawn-tickets.
26. Delivery to owner of property unlawfully pawned.
27. Summary order for delivery of pledge to person entitled.

PART VI

General Restrictions on Pawnbrokers

28. Prohibition of purchasing pledges; taking pledges from
children &c.

PART VII

Unlawful Pawning and Taking in Pawn

29. Unlawful pawning of goods not property of owner.
30. Proceedings where persons offering articles in pawn do

not give a good account of themselves &c.
3 1. Prohibition of taking in pawn linen, clothing, unfinished

goods, &c. in certain cases.
32. Search warrant for linen, &c. unlawfully pawned.

PART VIII

Licences

33. Yearly licence and duty.
34. Cesser of licence on conviction.

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Pawnbrokers (CAP. 309 3

Section

35. Licence not to be granted without certificate.
36. Grant of certificates.
37. Form and duration of certificate.
38. Notice of first application.
39. Grounds of refusal of certificate.
40. Forgery of certificate.

PART IX

Penalties and Legal Proceedings

41. General penalty for offences.
42. Application of penalties.
43. Amends for frivolous informations. -
44. Penalty on common informers compounding

informations.
45. Detention of persons offering forged pawn-tickets, &c.
46. Production of books &c, before Magistrates.
47. Contracts not void on account of offences.
48. Appeal.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.

PAWNBROKERS

2111897.
(Ist July, 1898') S.R.O. 2211956.

2311976.

1. This Act may be cited as the Pawnbrokers Act. Short title.

2. In this Act- Interpretation.

"constable" includes any peace officer;

"pawnbroker" includes every person who carries on
the business of taking goods and chattels in pawn;

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CAP. 309) Pawnbrokers

' 6 pawner" means a person delivering an article for pawn
to a pawnbroker;

"pledge" means an article pawned with a pawnbroker;

"shop" includes dwelling-house and warehouse, or other
place of business, or place where business is
transacted;

"unfinished goods or materials" includes any goods of
any manufacture or of any part or branch of any
manufacture, either mixed or separate, or any
materials whatever plainly intended for the com-
posing or manufacturing of any goods, after such
goods or materials are put into a state or course
of manufacture, or into a state for any process or
operation to be performed thereupon or therewith,
and before the same are completed or finished for
the purpose of wear or consumption.

PART I

Extension of Act
to keepers of

3. In order to prevent evasion of the provisions of
certain shops. this Act, the following persons shall be deemed to be persons

carrying on the business of taking goods and chattels in pawn
(that is to say), every person who keeps a shop for the pur-
chase or sale of goods or chattels, or for taking in goods or
chattels, by way of security for money advanced thereon,
or who purchases or receives or takes in goods or chattels,
and pays or advances or lends thereon any sum of money
not exceeding fifty dollars with or under an agreement or
understanding, expressed or implied, or to be from the nature
and character of the dealing reasonably inferred, that those
goods or chattels may be afterwards redeemed or repurchased
on any terms; and every such transaction, article, payment,
advance, and loan shall be deemed a pawning, pledge and
loan respectively within this Act.

Personal 4. The provisions of this Act relating to pawnbrokers
representatives of
pawnbrokers. shall extend to and include the executors or administrators

of deceased pawnbrokers, except that an executor or admini-
strator shall not be answerable for any penalty or forfeiture

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Pawnbrokers (CAP. 309 5

personally or out of his own estate, unless the same is incur-
red by his own act or neglect.

5 . For the purposes of this Act anything done or omit- Servants?
apprentices and

ted by the servant, apprentice or agent of a pawnbroker in agents of
the course of or in relation to the business of the pawnbroker, pawnbrokers.
shall be deemed to be done or omitted (as the case may be)
by the pawnbroker; and anything by this Act authorized to
be done by a pawnbroker may be done by his servant,
apprentice or agent.

-.

6. The rights, powers and benefits by this Act reserved $__tation of
to and conferred on pawners shall extend to and be deemed
to be reserved to and conferred on the assigns of pawners,
and to and on the executors or administrators of deceased
pawners; but any person representing himself to a
pawnbroker to be the assign, executor or administrator or
a pawner shall, if required by the pawnbroker, produce to
the pawnbroker the assignment, probate, letters of admini-
stration or other instrument under which he claims.

7. (1) This Act shall apply- Application of
thls Act in

(a) to every loan by a pawnbroker of nine dollars respect of loans.
and sixty cents or under;

(6) to every loan by a-pawnbroker of above nine
dollars and sixty cents, and not above fifty dollars, ex-
cept as in this Act otherwise provided in relation to cases
where a special contract respecting the terms of the loan
(as authorized by this Act) is made between the pawner
and the pawnbroker at the time of the pawning.

(2) Nothing in this Act shall apply to a loan by a
pawnbroker of above fifty dollars, or to the pledge on which
the loan is made or to the pawnbroker or pawner in relation
to the loan or pledge; and, notwithstanding anything in this
Act, a person shall not be deemed a pawnbroker by reason
only of his paying, advancing or lending on any terms any
sum or sums of above fifty dollars.

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6 CAP. 309) Pawnbrokers

PART I1

Pawnbrokers to
keep certain

8. (1) A pawnbroker shall keep and use in his business
books and such books and documents as are described in the First
documents.
First Schedule.

Schedule, in the forms therein indicated or to the like effect,
and shall from time to time, as occasion requires, enter
therein in a fair and legible manner the particulars indicated
in and in accordance with the directions of that schedule and
shall make all inquiries necessary for that purpose.

(2) If a pawnbroker fails in any respect to comply with
the requisitions of this section he shall be guilty of an offence
against this Act.

Pawnbrokers to 9. (1) A pawnbroker shall observe the following
keep names over
doors, and tables
of rates, &c.,
exhibited in (a) He shall always keep exhibited in large
shops. characters over the outer door of his shop his Christian

name or names, and surname with the word
"Pawnbroker' ' ;

First Schedule.

( b ) He shall always keep placed in a conspicuous
part of his shop (so as to be legible by every person
pawning or redeeming pledges, standing in any box or
place provided in the shop for persons pawning or
redeeming pledges) the same information as is by the
rules in the First Schedule required to be printed on
pawn-tickets.

(2) If a pawnbroker fails in any respect to comply with
the requirements of this section he shall be guilty of an offence
against this Act.

PART I11

pawn-tickets to 10. A pawnbroker shall, on taking a pledge in pawn,
be given for
pledges. give to the pawner a pawn-ticket, and shall not take a pledge

in pawn, unless the pawner takes the pawn-ticket.

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Pawnbrokers (CAP. 309 7

1 . (1) A pawnbroker may take profit on a loan on Profits and
charges allowed a pledge at a rate not exceeding that specified in the Second to pawnbrokers,

Schedule. Second Schedule.

(2) A pawnbroker may demand and take the charges
specified in the same Schedule, in the cases and according
to the rules therein stated and prescribed.

(3) A pawnbroker shall not, in respect of a loan on a
pledge, take any profit, or demand or take any charge or
sum whatever, other than those specified in the same
Schedule.

(4) A pawnbroker shall, if required at t k - t i m e of
redemption, give a receipt for the amount of loan and profit
paid to him; and such a receipt shall not be liable to stamp
duty, unless the profit amounts to four dollars and eighty
cents or more.

12. Every pledge shall be redeemable within twelve Pledges
redeemable for months from the day of pawning, exclusive of that day; and one year with

there shall be added to that year of redemption seven days seven days of
grace.

of grace, within which every pledge (if not redeemed within
the year of redemption) shall continue to be redeemable.

13. A pledge pawned for two dollars and forty cents, Pledges for $2.40
or under, not

or under, if not redeemed within the year of redemption and redeemed in time
days of grace, shall at the end of the days of grace become forfeited.
and be the pawnbroker's absolute property.

14. A pledge pawned for above two dollars and forty Pledges above
52.40 redeemable

cents shall further continue redeemable, until it is disposed sale.
of as in this Act provided, although the year of redemption
and days of grace are expired.

15. (1) A pledge pawned for above two dollars and :;%%2:!!!;e
forty cents shall when disposed of by the pawnbroker, be $2.40.
disposed of by sale by public auction, and not otherwise;
and the regulations in the Third Schedule shall be observed Third Schedule.
with reference to the sale.

(2) A pawnbroker may bid for and purchase at a sale
by auction, made or purporting to be made under this Act,

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8 CAP. 309) Pawn brokers

a pledge pawned with him; and on such purchase he shall
be deemed the absolute owner of the pledge purchased.

Offences by 16. If an auctioneer does anything in contravention
auctioneers.

of the provisions of this Act relating to auctioneers, or fails
to do anything which he is required by this Act to do, he
shall be guilty of an offence against this Act.

Power to inspect
sale book.

17. At any time within three years after the auction
at which a pledge pawned for above two dollars and forty
cents is sold, the holder of the pawn-ticket may inspect the
entry of the sale in the pawnbroker's book, and in the filled
up catalogue of the auction (authenticated by the signature
of the auctioneer), or in either of them.

Pawnbroker to
account for

18. (1) Where a pledge pawned for above two dollars
surplus within and forty cents is sold, and appears from the pawnbroker's
three years
subject to set-off.

book to have been sold for more than the amount of the
loan and profit due at the time of sale, the pawnbroker shall,
on demand, pay the surplus to the holder of the pawn-ticket,
in case the demand is made within three years after the sale,
the necessary costs and charges of the sale being first
deducted.

(2) If on any such demand it appears from the pawn-
broker's book that the sale of a pledge or pledges has resulted
in a surplus, and that within twelve months before or after
that sale the sale of another pledge or other pledges of the
same person has resulted in a deficit, the pawnbroker may
set off the deficit against the surplus, and shall be liable to
pay the balance only after such set off.

Offences as to
pledges for above

19. If with respect to pledges for loans of above two
$2.40. dollars and forty cents the pawnbroker-

(a) does not bond fide according to the directions
of this Act set a pledge pawned with him;

( b ) enters in his book a pledge as sold for less than
the sum for which it was sold, or fails duly to enter the
same;

(c) refuses to permit any person entitled under this
Act to inspection of an entry of sale in the pawnbroker's

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Pawnbrokers (CAP. 309 9

book, or in a filled-up catalogue of the auction, authenti-
cated by the auctioneer's signature, to inspect the same;

(6) fails without lawful excuse (proof whereof shall
lie on him) to produce such a catalogue on lawful
demand;

(e) refuses to pay on demand the surplus to the
person entitled to receive the same;'

he shall in every case be guilty of an offence against this
Act, and shall be liable on summary conviction thereof to
forfeit to the person aggrieved a sum not exceeding five
hundred dollars.

-
PART IV

20. (1) Notwithstanding anything in this Act, a ~ ; ; ; , ~ o ~ ~ ~ s ,
pawnbroker may make a special contract with a pawner in ,,bj,,t to
respect of a pledge on which the pawnbroker makes a loan restrictions.
of above nine dollars and sixty cents:

Provided that-

(a) the pawnbroker at the time of the pawning shall
deliver to the pawner a special contract pawn-ticket,
signed by the pawnbroker;

(b) a duplicate of the special contract pawn-ticket
shall be signed by the pawner.

(2) The provisions of thii Act, save as far as the
application thereof is excluded by the terms of the special
contract, shall apply thereto.

(3) A special contract pawn-ticket or the duplicate
thereof, shall not be subject to stamp duty.

PART V

21. The holder for the time being of a pawn-ticket ~ , " ~ ~ ~ e ~ ~ i ~ , " ; ~ ;
shall be presumed to be the person entitled to redeem the ,,deem.
pledge, and, subject to the provisions of this Act, the

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10 CAP. 309) Pawnbrokers

pawnbroker shall accordingly (on payment of the loan and
profit) deliver the pledge to the person producing the pawn-
ticket, and he is hereby indemnified for so doing.

Production of
pawn-ticket on 22. A pawnbroker shall not (except as in this Act
redemption. provided) be bound to deliver back a pledge, unless the pawn-

ticket for it is delivered to him.

Liability of
pawnbroker in 23. (1) Where a pledge is destroyed or damaged by
case of fire. or in consequence of fire, the pawnbroker shall nevertheless

be liable, on application within the period during which the
pledge would have been redeemable, to pay the value of the
pledge, after deducting the amounts of the loan and profit,
such value to be the amount of the loan and profit, and
twenty-five per centum on the amount of the loan.

(2) A pawnbroker shall be entitled to insure to the extent
of the value so estimated.

Compensation for 24. If a person entitled and offering to redeem a depreciation of
pledge. pledge shows to the satisfaction of a court of summary

jurisdiction that the pledge has become or has been rendered
of less value than it was at the time of the pawning thereof
by or through the default, neglect, or wilful misbehaviour
of the pawnbroker, the court may, if it thinks fit, award a
reasonable satisfaction to the owner of the pledge in respect
of the damage, and the amount awarded shall be deducted
from the amount payable to the pawnbroker, or shall be paid
by the pawnbroker (as the case requires) in such manner
as the court directs.

Protection of
owners and of

25. (1) The following provisions shall have effect for
pawners not the protection of owners of articles pawned, and of pawners
having not having their pawn-tickets to produce-
pawn-tickets.

(a) Any person claiming to be the owner of a
pledge, but not holding the pawn-ticket, or any person
claiming to be entitled to hold a pawn-ticket, but alleg-
ing that the same has been lost, mislaid, destroyed, or
stolen, or fraudulently obtained from him, may apply
to the pawnbroker for a printed form of declaration,
which the pawnbroker shall deliver to him;

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Pawn brokers (CAP. 309 11

( b ) If the applicant delivers back to the pawnbroker
the declaration duly made before a Magistrate by the
applicant and by a person identifying him, the appli-
cant, shall thereupon have, as between him, and the
pawnbroker, all the same rights and remedies as if he
produced the pawn-ticket:

Provided that such a declaration shall not be effec-
tual for that purpose, unless it is duly made and delivered
back to the pawnbroker not later than on the third day
after the day on which the form is delivered to the appli-
cant by the pawnbroker (exclusive of a day or days on
which the pawnbroker is prohibited from carrying on
business);

(c) The pawnbroker is hereby indemnifefor not
delivering the pledge to any person until the expiration
of the period aforesaid;

(d) The pawnbroker is further hereby indemnified
for delivering the pledge or otherwise acting in con-
formity with the declaration, unless he has actual or con-
structive notice that the declaration is fraudulent or is
false in any material particular.

(2) If any person makes a declaration under this Act,
either as an applicant or as identifying an applicant, know-
ing the same to be false in any material particular, he shall
be guilty of a misdemeanour and shall be liable to the punish-
ment attaching by law to perjury.

26. In each of the following cases- Delivery to
owner of

(a) If any person is convicted under this Act in a zz,"z$,y
court of summary jurisdiction of knowingly and pawned.
designedly pawning with a pawnbroker anything being
the property of another person, the pawner not being
employed or authorized by the owner thereof to pawn
the same;

( b ) If any person is convicted in any court of
feloniously taking or fraudulently obtaining any goods
and chattels, and it appears to the court that the same
have been pawned with a pawnbroker;

(c) If in any proceedings before a court of sum-
mary jurisdiction it appears to the court that any goods

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12 CAP. 309) Pawnbrokers

and chattels brought before the court have been
unlawfully pawned with a pawnbroker;

the court, on proof of the ownership of the goods and chattels,
may, if it thinks fit, order the delivery thereof to the owner,
either on payment to the pawnbroker of the ariiount of the
loan or of any part thereof, or without payment thereof or
of any part thereof, as to the court, according to the conduct
of the owner and other circumstances of the case, seems just
and fitting.

Summary order 27. If a pawnbroker, without reasonable excuse (proof
for delivery of
pledge to whereof shall lie on him) neglects or refuses to deliver a pledge
entitled. to the person entitled to have delivery thcreof under this Act,

he shall be guilty of an offence against this Act, and a court
of summary jurisdiction may, if the court thinks fit, with
or without imposing a penalty, order thc delivery of the
pledge on payment of the amount of the loan and profit.

PART VI

Prohibition of
purchasing
pledges; taking
pledges from
children &c.

28. If a pawnbroker does any of the fallowing things-
(a) takes an article in pawn from any person

appearing to be under the age of twelve years or to be
intoxicated;

(b) purchases or takes in pawn or exchange a pawn-
ticket issued by another pawnbroker;

(6) employs any servant or apprentice or other
person under the age of sixteen years to take pledges
in pawn;

(4 carries on the business of a pawnbroker on
Sunday, Good Friday, Christmas Day, a Public Holi-
day or a day appointed for public fast, humiliation or
thanksgiving;

(e) under any pretence purchases, except at public
auction, any pledge, while in pawn with him;

Cf) suffers any pledge, while in pawn with him, to
be redeemed with a view to his purchasing it;

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Pawn brokers (CAP. 309 13

(g) makes any contract or agreement with any per-
son pawning or offering to pawn any article, or with
the owner thereof, for the purchase, sale or disposition
thereof within the time of redemption;

(h) sells or otherwise disposes of any pledge pawned
with him except at such time and in such manner as
authorized by this Act;

he shall be deemed guilty of an offence against this Act.

PART VII

UNLAWFUL PAWNING AND TAKING IN PAWN

29. (1) If any person knowingly and clesignedly Unlawful
pawning of goods

pawns with a pawnbroker anything being the property of of
another person, the pawner not being employed or authorized owner.
by the owner thereof to pawn the same, he shall be guilty
of an offence against this Act and shall be liable, on sum-
mary conviction, to forfeit any sum not exceeding two
hundred and fifty dollars and in addition thereto, any sum
not exceeding the full value of the pledge, as ascertained by
the court.

(2) The forfeitures, when recovered, shall be applied
towards making satisfaction thereout to the party injured and
defraying the costs of prosecution, as the court directs; but
if the party injured declines to accept of such satisfaction
and costs, or if there is any surplus of the forfeitures, then
the forfeitures or surplus (as the case may be) shall be paid
into the Treasury.

30. (1) If any person does any of the following Proceedings
where persons

things- offerine articles
in pawn do not

(a) offers to a pawnbroker an article by way of give a good
pawn, being unable or refusing to give a satisfactory ~ ~ ~ s ~ ~ v ~ f .,.
account of the means by which he became possessed
of the article;

(b) wilfully gives false information to a pawnbroker
as to whether an article offered by him in pawn to the
pawnbroker is his own property or not, or as to his name
and address, or as to the name and address, of the owner
of the article;

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14 CAP. 309) Pawnbrokers

(c) not being entitled to redeem, and not having
any colour of title by law to redeem, a pledge, attempts
or endeavours to redeem the same

he shall be guilty of an offence against this Act.

(2) In every such case, and also in any case where on
an article being offered in pawn to a pawnbroker, he
reasonably suspects that it has been stolen or otherwise
illegally or clandestinely obtained, the pawnbroker may seize
and detain the person and the article or either of them, and
shall deliver the person and the article or either of them (as
the case may be) as soon as may be into the custody of a
constable, who shall as soon as may be convey the person,
if so detained, before a Magistrate to be dealt with accord-
ing to law.

Prohibition of
taking in pawn

31. If a pawnbroker knowingly takes in pawn any
linen, clothing, linen or apparel or unfinished goods or materials entrusted
unfinished goods, to any person to wash, scour, iron, mend, manufacture, work
&c. in certain
cases. up, finish or make up, he shall be guilty of an offence against

this Act, and shall be liable, on summary conviction thereof,
to forfeit a sum not exceeding double the amount of the loan;
and the pawnbroker shall likewise restore the pledge to the
owner thereof, in the presence of the court, or as the court
directs.

Search warrant
for linen, &c.

32. (1) If the owner of any linen or apparel or un-
unlawfully finished goods or materials entrusted to any person as
pawned. aforesaid, and unlawfully pawned with a pawnbroker, or the

owner of any other article unlawfully pawned with a
pawnbroker (the last-mentioned owner having on oath
satisfied a Magistrate that his goods have been unlawfully
obtained or taken from him), makes out on oath before a
Magistrate that there is good cause to suspect that a
pawnbroker has taken in pawn the linen, apparel, goods,
materials or article aforesaid, without the privity or authority
of the owner, and makes appear to the satisfaction of the
Magistrate probable grounds for such suspicion, the
Magistrate may issue his warrant for searching within the
hours of business the shop of the pawnbroker.

(2) If the pawnbroker, on request by a constable
authorized by the warrant, refuses to open the shop and

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Pawnbrokers (CAP. 309 15

permit it to be searched, a constable may break it open within
the hours of business, and search as he thinks fit therein for
the linen, apparel, goods, materials or article aforesaid, doing
no wilful damage; and if any pawnbroker or other person
opposes or hinders the search, he shall be guilty of an offence
against this Act.

(3) If on the search any linen, apparel, goods, materials,
or article aforesaid is or are found, and the property of the
owner thereof is made out to the satisfaction of a court of
summary jurisdiction, the court shall cause the same to be
forthwith restored to the owner thereof.

PART VIII

33. (1) Every pawnbroker shall yearly take out from Yearly licence
and duty.

the Commissioner of Inland Revenue a licence for carrying
on his business on which licence there shall be charged and
paid for the use of Her Majesty, Her Heirs and Successors
a duty of twenty-five dollars.

(2) Every licence shall be dated on the day on which
it is issued and shall determine on the 3 1st day of December.

(3) A separate licence shall be taken out and paid for
by a pawnbroker for each pawnbroker's shop kept by him.

(4) If a person acts as a pawnbroker without having
in force a proper licence, he shall for every such offence,
on summary conviction, be liable to a penalty not exceeding
three thousand dollars and in default of payment may be
imprisoned with or without hard labour for any term not
exceeding six months.

34. If a pawnbroker is convicted on indictment of any :;s~z$:i;y
fraud in his business, or of receiving stolen goods knowing
them to be stolen, the court before which he is convicted
may, if it thinks fit, direct that his licence shall cease to have
effect, and the same shall so cease accordingly.

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16 CAP. 309) Pawnbrokers

Licence not to be
granted without 35 . (1) A pawnbroker's licence shall not be granted
certificate. to any person except on the production and in pursuance

of the authority of a certificate granted under this Act.

(2) Any licence granted in contravention of this sec-
tion shall be void.

Grant of
certificates.

36. Certificates under this Act shall be granted by
a Magistrate having jurisdiction in the district where the
application is made.

Form and
duration of

37. A certificate under this Act shall be given in the
certificate. form given in the Fourth Schedule, or to the like effect, and
Fourth Schedule. shall be in force for one year from its date.

Notice of first
application.

38. A person intending to apply for the first time for
a certificate under this Act shall proceed as follows-

(a) Twenty-one days at least before the applica-
tion he shall give notice by registered letter sent by post
of his intention to the Magistrate of the district in which
he intends to carry on business, and to the inspector
or other principal officer of police of the district, and
shall in the notice set forth his name and address;

( 6 ) Within twenty-eight days before the applica-
tion he shall cause a like notice to be affixed and
maintained between ten o'clock in the morning and live
o'clock in the afternoon of two consecutive Sundays,
on the principal door or one of the doors of the church
or chapel of the parish or place, or, if there is none,
then on some other public and conspicuous place in the
parish or place.

Grounds of
refusal of
certificate.

39. An application for a certificate shall not be
refused, except on the following grounds, or one of them-

( a ) that the applicant has failed to produce satis-
factory evidence of good character;

( 6 ) that the shop in which he intends to carry on
the business of a pawnbroker, or any adjacent house
or place owned or occupied by him, is frequented by
thieves or persons of bad character;

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Pawnbrokers (CAP. 309 17

(c) that he has not complied with the last preceding
section.

40. (1) If any person forges a certificate, or tenders Forgery of
certificate. a certificate knowing it to be forged, he shall, on summary

conviction thereof, be liable to a penalty not exceeding one
thousand dollars, or, in the discretion of the court to
imprisonment for any term not exceeding six months.

(2) A licence granted in pursuance of a forged certificate
shall be void; and if any person makes use of a forged certifi-
cate, knowing it to be forged, he shall be disqualified from
obtaining at any time thereafter a pawnbroker's licence.

-
PART I X

4 If a pawnbroker or other person is guilty of an General penalty
for offences. offence against this Act, in respect whereof a specific forfeiture

or penalty is not prescribed by this Act, he shall be liable,
on summary conviction thereof, to a penalty not exceeding
five hundred dollars.

42. Penalties recovered under this Act, not directed Application of
penalties. to be otherwise applied, may be applied, under direction

of the court in which they are recovered, as follows-

( a ) Where the complainant is the party aggrieved,
one moiety of the penalty may be paid to him;

( b ) Where the complainant is not the party
aggrieved, there shall be paid to him no part or such
part only of the penalty as the court thinks fit.

43. Where an information or complaint of any offence Amends for
frivolous

against this Act (not being an offence against any provision informations.
of this Act relating to licences) is laid or made before a court
of summary jurisdiction and is not further prosecuted, or
if such information or complaint is further prosecuted, but
it appears to the court of summary jurisdiction by which
the case is heard that there was no sufficient ground for the
making of the charge, the court shall have power to award
such amends, not exceeding the sum of two hundred and
fifty dollars, to be paid by the informer or complainant to

LAWS OF ANTlGUA AND BARBUDA

18 CAP. 309) Pawnbrokers

the party informed or complained against for his loss of time
and expenses in the matter as to the court may seem meet;
and every sum so awarded shall be recoverable as penalties
under this Act are recoverable.

Penalty on
common

44. If any person lodges an information for an offence
informers alleged to have been committed against this Act by which
compounding he was not personally aggrieved, and afterwards directly or
informations.

indirectly receives, without the permission of a Magistrate,
any sum of money or other reward for compounding, delay-
ing or withdrawing the information, he shall be guilty of
an offence against this Act.

Detention of
persons offering

45. If any person utters, produces, shows, or offers
forged pawn- to a pawnbroker a pawn-ticket which the pawnbroker
tickets, &c. reasonably suspects to have been counterfeited, forged or

altered, the pawnbroker may seize and detain the person
and the ticket, or either of them, and shall deliver the per-
son and the ticket, or either of them, (as the case may be)
as soon as may be, into the custody of a constable, who shall,
as soon as may be, convey the person, if so detained, before
a Magistrate to be dealt with according to law.

Production of
books &c., before

46. A pawnbroker shall at any time, when ordered
Magistrates. or summoned by a court of summary jurisdiction, attend

before the court and produce all books and papers relating
to his business which he is required by the court to produce,
and if he fails so to do he shall be guilty of an offence against
this Act.

Contracts not
void on account

47. Where a pawnbroker is guilty of an offence against
of offences. this Act (not being an offence against any provision of this - - . -

Act relating to licences), any contract of pawn or other con-
tract made by him, in relation to his business of pawnbroker,
shall nevertheless not be void by reason only of that offence,
nor shall he by reason only of that offence lose his lien on
or right to the pledge or to the loan and profit; but nothing
in this section shall restrict the operation of any provision
of this Act providing for the delivery of any goods and
chattels, or the restoration of any linen, apparel, goods,
materials or articles to the owner, under the order of any
court.

LAWS OF ANTIGUA AND BARBUDA

Pawnbrokers (CAP. 309 19

48. If any person thinks himself aggrieved by any con- Appeal.
viction o r order of a court of summary jurisdiction under
this Act, o r by the refusal of a certificate for a licence, he
may appeal therefrom as in any other matter in which such
court has jurisdiction.

FIRST SCHEDULE Ss. 8 and 9

I . Pledge Book
-.

of Pawnbroker,

All entries in the last five columns respecting each pledge
shall be made on the day of the pawning thereof or within four
hours after the end of that day.

( 1 ) For loan of $2.40 and under

Pawned with uohn Smith] Pawnbroker, [ 1 7 , New Street] this
[17th] day of [March, 19 , ] by [Henry Williams] of [ 5 , Broad
Alley] for the sum of (2.40) dollars.

[ One black frock coat. ]

*The pawnbroker is entitled to charge- 'The following is
to be printed on

For this ticket . ... . . . . .. . . . . .... . . . . ..... . . . .. . . . ... One cent the ticket, on the
front or back, or

For profit on each $0.48 or part of $0.48 lent partly on the front and partly
on this pledge for not more than one calendar on the back.
month ............................. ................ One cent

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 309) Pawnbrokers

And so on at the same rate per calendar month

After the first calendar month any time not
exceeding fourteen days will be charged as
half a month, and any time exceeding four-
teen days and not more than one month will
be charged as one month.

This pledge must be redeemed within twelve calendar months
and seven days from the date of pledging. At the end of that time
it becomes the property of the pawnbroker.

If the pledge is destroyed or damaged by fire, the pawnbroker
will be bound to pay the value of the pledge, after deducting the
amount of the loan and profit, such value to be the amount of
the loan and profit and twenty-five per cent. on the amount of
the loan.

If this ticket is lost, mislaid or stolen, the pawner should at
once apply to the pawnbroker for a form of declaration to be made
before a Magistrate, or the pawnbroker will be bound to deliver
the pledge to any person who produces this ticket to him and claims
to redeem the same.

( 2 ) For loan of above $2.40 and not above $9.60

Pawned with uohn Smith] Pawnbroker, [ 17, New Street] this
[ 18thI day of [March, 19 ,] by [Henry Williams] of [5, Broad
Alley,] for the sum of (2.64) dollars,

[ One grey tweed coat. ]

*The following is *The pawnbroker is entitled to charge-
to be ~rinted on
the ticket, on the For this ticket TWO cents ......................................
front or back, or
partly on the
front and partly

For profit on each $0.48 or part of $0.48 lent
on the back. on this pledge for not more than one calendar - -

month ............................................. One cent

And so on at the same rate per calendar month

After the first calendar month any time not
exceeding fourteen days will be charged as
half a month, and any time exceeding four-
teen days and not more than one month will
be charged as one month.

LAWS OF ANTIGUA AND BARBUDA

Pawnbrokers (CAP. 309 2 1

If this pledge is not redeemed within twelve calendar months
and seven days from the day of pledging, it may be sold by auction
by the pawnbroker, but it may be redeemed at any time before
the day of sale.

Within three years after sale the pawner may inspect the
account of the sale in the pawnbroker's books on payment of two
cents, and receive any surplus produced by the sale. But deficit
on sale of one pledge may be set off by the pawnbroker against
surplus on another.

If the pledge is destroyed or damaged by fire, the pawnbroker
will be bound to pay the value of the pledge, after deducting the
amount of the loan and profit, such value to be the amount of
the loan and profit and twenty-five per cent on the amount of
the loan. -.

If this ticker is lost or mislaid, the pawner should at once
apply to the pawnbroker for a form of declaration to be made
before a Magistrate, or the pawnbroker will be bound to deliver
the pledge to any person who produces this ticket to him and claims
to redeem the same.

(3) For loan of above $9.60.
Pawned with Uohn Smith] Pawnbroker, [ 1 7 , New Street] this

[19th] day of [March, 19 , ] by [Henry Williams] of [ 5 , Broad
Alley] for the sum of (10.80) dollars.

[One dress coat. ]

*The pawnbroker is entitled to charge- *The following is
to be printed on

...................................... For this ticket Two cents the ticket, on the
front or back, or

For profit on each $0.60 or part of $0.60 lent partly on the
front and partly

on this pledge for every calendar month or on the back.
.................... part of a calendar month One cent

If this pledge is not redeemed within twelve calendar months
and seven days from the day of pledging, it may be sold by
auction by the pawnbroker, but it may be redeemed at any
time before the day of sale.

Within three years after sale the pawner may inspect the
account of the sale in the pawnbroker's books on payment of
two cents, and receive any surplus produced by the sale. But

LAWS OF AN'IIGL'A AND BARBUDA

22 CAP . 309) Pawnbrokers

deficit on sale of one pledge may be set off by the pawnbroker
against surplus on another.

If the pledge is destroyed or damaged by fire, the pawnbroker
will be bound to pay the value of the pledge, after deducting
the amount of the loan and ~ ro f i t . such value to be the amount
of the loan and profit and t&enty:five per cent. on the amount
of the loan.

If this ticket is lost or mislaid, the pawner should at once
apply to the pawnbroker for a form of declaration to be made
before a Magistrate, or the pawnbroker will be bound to deliver
the pledge to any person who produces this ticket to him and
claims to redeem the same.

I1 I . Sale Book of Pledges for Loans of above $2.40
[Date and place of sale.]

[Name and place of business of auctioneer.]

IV. Declaration where Pledge claimed by Owner.

TAKE NOTICE that, i f th i s declaration isfalse, the person makinp-
it is punishable as for perjury.

Unless this printed form is taken before a Magistrate and declared
to and sip-ned and delivered back to the pawnbroker not later than the

day .f , the articles mentioned
in it wi l l be delivered to any person producing the pawn-ticket.

I, A.B., of , in
pursuance of the Pawnbrokers Act, do solemnly and sincerely
declare that the article [or articles] described below is [or are]
my property, and that I believe such article [or articles] is [or
are] pledged at the shop of'

The article [or articles] above referred to is [or are] the
following:-

LAWS OF ANTIGUA AND BARBUDA

Pawnbrokers (CAP. 309 2 3

And I , C.D., of , in
pursuance of the same Act do solemnly and sincerely declare that
I know the person now making the foregoing declaration to be
A.B. of

Declared before me (Signature. )

this

of

V . Declaration where Pawn-ticket Lost, &c.

TAKE NOTICE that, i f this declaration isfalse, the p z o n making
it is punishable as for pel-jury.

Unless thzs printed form is taken before a Magistrate and declared
to and signed and delivered back to the pawnbroker not later than the

day ?f , the articles mentioned
in it will be delivered to any person producing the pawn-ticket.

I. A.B.. of . in
pursuance of the Pawnbrokers Act, do solemnly and sincerely
declare that pledged at the shop of

, pawnbroker, the article [or articles]
described below being property, and
received a pawn-ticket for the same which has since been

by , and
that the pawn-ticket has not been sold or transferred to any person
by or to
knowledge or belief.

The article [or articles] above referred to is [or are] the
following:-

And I, C.D., of , in pursuance of
the same Act, do solemnly and sincerely declare that I know the
person now making the foregoing declaration to be A.B., of

Declared before me (Signature. )

this

of 19 . (Addition. )

LAWS OF ANTIGUA AND BARBUDA

2 4 CAP. 309) Pawnbrokers

'The following is
to be printed on
the ticket, on the
front or back, or
partly on the
front and partly
on the back.

VI. Receipt

I Date]
Received on redemption of Pledge No.

Amount of loan ..................................

Profit ...............................................

Total .................................

[A.B. ]
Pawnbroker

V 11. Special Contract

Special Contract under Act

Pawned with Uohn Smith] Pawnbroker, [ 1 7 , New Street] this
[ 17 th ] day of [April, 19 , ] by [Henl-y Williums] of [5, Broad
Alley] for the sum of (11.52) dollars.

[One marble clock. ]

'Terms of the special contract.

The Pawnbroker charges:

For this ticket ......................................

Profit at the rate per calendar month of ....

After the first calendar month any time not
exceeding fourteen days will be charged as
half a month, and any time exceeding four-
teen days and not more than one month will
be charged as one month.

The charge for storage of this pledge will be
per calendar month, or any part of a month, in addition to the
charges above mentioned.

f ~ o t less than This pledge is pawned for the period off
three. months.

LAWS OF ANTIGUA AND BARBUDA

Pawnbrokers (CAP. 309

After the expiration of that time the pledge may be sold by
auction by the pawnbroker. But it may be redeemed by the pawner
at any time before the day of the sale.

Within three years after sale the pawner may inspect the
account of the sale in the pawnbroker's books on payment of

, and receive any surplus produced by the sale.

But deficit on sale of one pledge may be set off by the
pawnbroker against surplus on another.

If the pledge is destroyed or damaged by fire, the pawnbroker
will be bound to pay the value of the pledge, after deducting the
amount of the loan and profit, such value to be the amount of
the loan and profit and twenty-five per cent. on the m o u n t of
the loan, unless otherwise agreed upon by the pawner and
pawnbroker.

If this ticket is lost or mislaid, the pawner should at once
apply to the pawnbroker for a form of declaration to be made
before a Magistrate or the pawnbroker will be bound to deliver
the pledge to any person who produces this ticket to him and claims
to redeem the same.

(Signed) uohn Smith] , Pawnbroker.
(Signed) [Henry Williams] , Pawner.

SECOND SCHEDULE

Part I-Profit on loan.

A. O n a loan of $9.60 or under-

For any time during which the pledge remains
in pawn, not exceeding one month, for every
$0.48 or fraction of $0.48 lent .......... ... One cent

For every month after the first, including the
current month in which the ~ l e d ~ e is re-

L Ll

deemed, although that month is not expired,
for every $0.48 or fraction of $0.48 lent One cent

Proviso

1. If the pledge is redeemed before the end of the first four-
' teen days after the expiration of any month, the pawnbroker shall,

LAWS (SF ANTIGUA AND BARBUDA

2 6 CAP. 309) Pawnbrokers

in respect to those fourteen days, be entitled to take half of the
amount which he would be entitled to take for the whole month.

R . On a loan of above $9.60-

For every month or part of a month, for every
sum of $0.60 or fraction of a sum of $0.60 One cent

Part 11-Charge on pawn ticket.

Where the loan is $2.40 or under ............ One cent
Where the loan is above $2.40 ................ Two cents

Part 111-Charge on inspection of sale book.

For the inspection of the entry of a sale .... Two cents

Part IV-Charge on form of declaration

Where the loan is $1.20 or under ............ One cent
Where the loan is above $1.20 ................ Two cents

This sun? is to be paid by the applicant at the time of
application.

THIRD SCHEDULE S. 15

REGULATIONS AS TO AUCTIONS OF PLEDGES ABOVE $2.40

1. The auctioneer shall cause all pledges to be exposed to
public view.

2. He shall publish catalogues of the pledges stating-
(a) The pawnbroker's name and place of business;

(b) The month in which each pledge was pawned;

(c) The number of each pledge, as entered at the time
of pawning in the pledge book.

3. The pledges of each pawnbroker in the catalogue shall
be separate from any pledges of any other pawnbroker.

4. The auctioneer shall insert in some public newspaper
an advertisement giving notice of the sale, and stating-

LAWS OF ANTIGUA AND BARBUDA

Pawnbrokers (CAP. 309 27

( a ) The pawnbroker's name and place of business;

( b ) The months in which the pledges were pawned.

5 . The advertisement shall be inserted on two several days
in the same newspaper, and the second advertisement shall be
inserted at least three clear days before the first day of sale.

6. Pictures, prints, books, bronzes, statues, busts, carvings
in ivory and marble, cameos, intaglios, musical, mathematical
and philosophical instruments, and china, sold by auction, shall
be sold by themselves, and without any other goods being sold
at the same sale, four times only in every year, (that is to say),
on the first Monday in the months of January, April, July and
October, and on the following day and days, if the sale exceeds
one day, and at no other time. -

7. Where a pawnbroker bids at a sale, the auctioneer shall
not take the bidding in any other form than that in which he takes
the biddings of other persons at the same sale; and the auctioneer
on knocking down any article to a pawnbroker shall forthwith
declare audibly the name of the pawnbroker as purchaser.

8. The auctioneer shall, within fourteen days after the sale,
deliver to the pawnbroker a copy of the catalogue, or of so much
thereof as relates to the pledges of that pawnbroker, filled up with
the amounts for which the several pledges of that pawnbroker were
sold, and authenticated by the signature of the auctioneer.

9. The pawnbroker shall preserve every such catalogue for
three years at least after the auction.

FOURTH SCHEDULE

I [Here insert the description of the Magistrate] do hereby certify
that I do authorize the grant to A.B., of
in the parish of of a licence to carry on
the business of a pawnbroker at [describe the place].

Witness my hand this day of 19 .