L.R.O. 1/2012
LAWS OF GUYANA
PAWNBROKING ACT
CHAPTER 91:09
Act
3 of 1884
Amended by
26 of 1903
25 of 1928 4 of 1972
1 – 37 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 91:09
PAWNBROKING ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PAWNBROKERS
3. Persons to be deemed pawnbrokers.
4. Application of the Act to representatives of deceased pawnbrokers.
5. Effect of act done by servant of pawnbroker.
6. Extension of rights of pawners to their representatives or assigns.
7. Application of the Act in respect of loans.
GENERAL OBLIGATIONS OF PAWNBROKER
8. Books to be kept by pawnbroker.
9. Rules to be observed by pawnbroker.
PAWNING; REDEMPTION; AND SALE
10. Pawn-tickets.
11. Special provisions in relation to pledges of precious metals.
12. Profit and charges allowed to pawnbroker.
13. (1) Period of redemption of pledge.
(2) Forfeiture of pledge for $5 and under, if not so redeemed.
(3) When pledge is for above $5.
14. Disposal of pledge for above $5.
15. Offences by auctioneer.
16. Right of inspection of sale books.
17. Surplus balances from sales of pledges to be paid to public
trustee.
18. Offences as to pledge for more than $5.
SPECIAL CONTRACTS
19. Special contract, subject to restrictions.
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SECTION
PRECAUTIONS AGAINST THEFT AND FIRE
20. Precautions against theft and fire.
21. Insurance against theft and fire.
DELIVERY UP OF PLEDGE
22. Right of holder of pawn-ticket to redeem pledge.
23. Production of pawn-ticket on redemption.
24. Liability of pawnbroker for theft or destruction as a result of fire.
25. Compensation for depreciation of pledge.
26. (1) Protection of owner and of pawner not having pawn-tickets.
(2) False declaration. Misdemeanour.
27. Delivery to owner of property unlawfully pawned.
28. Summary order for delivery of pledge to person entitled.
GENERAL RESTRICTIONS ON PAWNBROKER
29. Prohibition as to taking or purchasing of pledge in certain
circumstances, and as to sundry other things.
UNLAWFUL PAWNING AND TAKING IN PAWN
30. Unlawful pawning of goods not property of pawner.
31. Person offering article in pawn not giving a good account of himself.
32. (1) When linen, apparel, unfinished goods are not to be taken in pawn.
(2) Search warrant for goods unlawfully pawned.
LICENCES
33. Annual licence by pawnbroker.
34. Cesser of licence on conviction on indictment.
35. Condition of granting licence.
PENALTIES AND LEGAL PROCEEDINGS
36. General penalty for offences.
37. Application of penalty.
38. Order for amends for frivolous complaint.
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SECTION
39. Common informer compounding information.
40. Detention of person offering forged pawn-tickets.
41. Production of books and papers by pawnbroker before magistrate.
42. Validity of contract notwithstanding offence.
43. Protection of person acting under the Act.
FIRST SCHEDULE—Forms.
SECOND SCHEDULE—Profit and Charges allowed to Pawnbrokers.
THIRD SCHEDULE— Regulations as to Auctions of Pledges above five
dollars.
__________________________ 1929 Ed.
c. 69
1953 Ed.
c.336 _______________________________________________________
3 of 1884 An Act to regulate the Business of Pawnbroking.
[31st MAY, 1884]
Short title.
Interpretation.
1. This Ordinance may be cited as the Pawnbroking
Act.
2. In this Act—
“pawner” means a person delivering an article for pawn to
a pawnbroker;
“pawnbroker” includes every person who carries on
the business of taking goods and chattels in pawn;
“pledge” means an article pawned with a pawnbroker;
CHAPTER 91:09
PAWNBROKING ACT
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Persons to be
deemed
pawnbrokers.
[37 of 1957].
“shop” includes a 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 thereof, either
mixed or separate, or any materials whatever plainly
intended for composing or manufacturing goods, after
the 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
they are completed or finished for the purpose of wear
or consumption.
PAWNBROKERS
3.(1) 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
purchase or sale of goods or chattels, or for taking in
goods or chattels by way of security for money, or
money’s worth advanced thereon and who purchases or
receives or takes in goods or chattels, and pays, or
advances, or lends thereon, any sum of money not exceeding
two hundred and fifty dollars, or supplies any provisions,
merchandise, or any other article not exceeding two hundred
and fifty dollars in value, with or under an agreement or
understanding expressed or implied, or from the nature and
character of the dealing to be reasonably inferred, that those
goods or chattels may be afterwards redeemed or re-
purchased on any terms.
(2) Each transaction, article, payment, advance,
and loan aforesaid shall be deemed a pawning, pledge, and
loan, respectively, within this Act.
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Application of
the Act to
representatives
of deceased
pawnbrokers.
Effect of act
done by
servant of
pawnbroker.
Extension of
rights of
pawners to
their
representatives
or assigns.
Application of
the Act in
respect of
loans.
[37 of 1957].
4. The provisions of this Act relating to pawnbrokers
shall extend to and include the executors or administrators of
deceased pawnbrokers, except that an executor or
administrator shall not be answerable for any penalty or
forfeiture personally or out of his own estate, unless it is
incurred by his own act or neglect.
5. For the purposes of this Act, anything done or
omitted by the servant, apprentice, or agent, of a pawnbroker
in the course of or in relation to the pawnbroker’s business
shall be deemed to be done or omitted, as the case may be, by
the pawnbroker; and anything by this Act authorised to be
done by a pawnbroker may be done by his servant,
apprentice or agent.
6. The rights, powers and benefits hereby reserved 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 the
pawnbroker as the assign, executor, or administrator of a
pawner shall, if required by the pawnbroker, produce to the
pawnbroker the assignment, will, letters of administration or
other instrument under which he claims.
7. (1) This Act shall apply to any loan by a
pawnbroker not exceeding two hundred and fifty dollars
except as in this Act otherwise provided in relation to any
loan where a special contract under this Act is made between
the pawnbroker and the pawner at the time of pawning.
(2) Nothing in this Act shall apply to a loan by a
pawnbroker exceeding two hundred and 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 no person
shall be deemed to be a pawnbroker by reason only of his
paying, advancing or lending on any terms any sum or sums
exceeding two hundred and fifty dollars.
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Books to be
kept by
pawnbroker.
First Schedule.
Rules to be
observed by
pawnbroker.
First Schedule.
GENERAL OBLIGATIONS OF PAWNBROKER
8. (1) A pawnbroker shall keep and use in his business
the books and documents described in the First 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 requirements of this section, he shall be guilty of an
offence.
9. (1) A pawnbroker shall observe the following rules:
(a) he shall always keep exhibited
in large characters over the outer
door of his shop, his forename and
surname or names, with the word
“pawnbroker”; and
(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 of 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.
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Pawn-tickets.
[37 of 1957]
Special
provisions in
relation to
pledges of
precious
metals.
[37 of 1957]
PAWNING; REDEMPTION; AND SALE
10. (1) A pawnbroker shall, on taking a pledge in
pawn, give to the pawner a pawn-ticket on which shall be
indorsed the value of the pledge as agreed upon between the
pawnbroker and the pawner and shall not take a pledge in
pawn unless the pawner takes the pawn-ticket.
(2) No pawnbroker on taking a pledge in pawn
shall make or purport to make separate loans in respect of
different parts of the pledge, or give to the pawner one or
more than one pawn- ticket for the different parts.
(3) When any pawnbroker, on taking a pledge in
pawn, makes or purports to make separate loans in
respect of different parts thereof, or gives to the pawner
separate pawn-tickets for those loans, the transaction shall be
deemed to be a single transaction for a loan amounting to the
total of the loans, and the pawnbroker shall be deemed to
have given to the pawner a single pawn-ticket for the pledge
stating the amount of the loan.
(4) Anyone who contravenes this section shall be
guilty of an offence.
11. (1) Where any article made of any precious
metal or containing any precious metal is taken in pawn,
the pawnbroker shall indorse upon the pawn-ticket the
following particulars:
(a) the weight of the pledge and a
description of the metal;
(b) in the case of any pledge of gold the
purity of the gold; and
(c) the value of the pledge, as
agreed upon between the pawnbroker
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Profit and
charges
allowed to
pawn
broker.
Second
Schedule.
[37 of 1957]
and the pawner, both in words and
figures.
(2) Any person who contravenes this section
shall be guilty of an offence.
(3) In this section—
“precious metal” means gold, platinum or silver.
12. (1) A pawnbroker—
(a) may take profit on a loan on a
pledge at a rate not exceeding that
specified in the Second Schedule;
(b) may demand and take the charges
specified in that Schedule, in the
cases and according to the rules
therein stated and prescribed;
(c) 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 that Schedule; and
(d) shall, if required at the time of
redemption, give a receipt for the
amount of loan and profit paid to
him.
(2) The Minister may by order published in the
Gazette vary the amounts prescribed in Part III of the Second
Schedule.
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Period of
redemption of
pledge.
Forfeiture of
pledge for $5
and under,
if not so
redeemed.
When pledge
is for above
$5.
Disposal of
pledge for
above $5
.
Third Schedule.
[37 of 1957]
Offences by
auctioneer.
Right of
inspection of
sale book.
13. (1) Every pledge shall be redeemable within
twelve months from the day of pawning, exclusive of that
day; and there shall be added to that year of redemption
seven days of grace, within which every pledge (if not
redeemed within the year of redemption) shall continue to be
redeemable.
(2) A pledge pawned for five dollars or under, if
not redeemed within the year of redemption and days of
grace, shall, at the end of the days of grace, become and be
the pawnbroker’s absolute property.
(3) A pledge pawned for above five dollars shall
further continue redeemable until it is disposed of, as herein
provided, although the year of redemption and days of grace
are expired.
14. (1) A pledge pawned for above five dollars shall,
when disposed of by the pawnbroker, be disposed of by sale
by public auction not later than eighteen months after the
pledge has been pawned, and not otherwise; and the
regulations contained in the Third Schedule shall be
observed with reference to the sale.
(2) A pawnbroker may bid for and purchase at a
sale by auction, made or purporting to be made hereunder a
pledge pawned with him and, on that purchase, shall be
deemed the absolute owner of the pledge purchased.
15. If an auctioneer does anything in contravention
of the provisions hereof relating to auctioneers, or fails to do
anything which he is hereby required to do, he shall be guilty
of an offence.
16. At any time within three years after the auction
at which a pledge pawned for above five dollars 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
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Surplus balances
from sales of
pledges to be
paid to Public
Trustee.
[37 of 1957]
c. 13:01
auction (authenticated by the signature of the auctioneer), or
in either of them.
17. (1) Where any pledge which has been pawned for
above five dollars is sold for more than the amount of the
loan and profit and charge for insurance due at the time of
sale, the pawnbroker shall pay the surplus to the Public
Trustee on behalf of the pawner not later than two months
after the date of sale:
Provided that if at any time before it is paid to the
Public Trustee the holder of a pawn-ticket demands the
surplus, the pawnbroker shall pay it to him on delivery of the
pawn-ticket.
(2) The Public Trustee shall, not later than three
months after the receipt of any surplus balances under
subsection (1), publish in one daily newspaper circulating in
Guyana a list of the names of the persons on behalf of whom
he is holding surplus balances under subsection (1).
(3) Where upon the application of any person the
Public Trustee is satisfied that such person is the pawner of
an article in respect of which the Public Trustee is holding
any surplus balance, the Public Trustee shall pay such surplus
balance to such person.
(4) The Public Trustee shall pay to the
Accountant General for the public use any surplus balances
in his possession for more than three years.
(5) The Public Trustee shall keep copies of the lists
published under the provisions of subsection (2), and such
lists shall be open to inspection by any person whose name
appears thereon.
(6) Section 13 of the Public Trustee Act shall not
apply to the Public Trustee in regard to the duties under this
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Offences as to
pledge for
more than $5.
[37 of 1957]
Special
contract,
subject to
section.
18. A pawnbroker who, with respect to pledges for
loans of above five dollars—
(a) does not in good faith, according to
the directions of this Act, sell a pledge
pawned with him; or
(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 pledge; or
(c) refuses to permit any person entitled
hereunder to inspection of an entry of sale
in his book, or of a filled-up catalogue of
the auction (authenticated by the
auctioneer’s signature), to inspect it; or
(d) fails without lawful excuse (the proof
whereof shall lie on him) to produce that
catalogue on lawful demand; or
(e) deals with any pledge or the proceeds
of sale thereof otherwise than in the
manner prescribed by this Act, or fails
without lawful excuse (the proof whereof
shall be on him) to do, in relation to any
pledge or the proceeds of sale thereof any
act he is required to do under the provisions
of this Act,
shall be liable to a fine of one hundred and fifty dollars.
SPECIAL CONTRACTS
19. (1) Notwithstanding anything herein contained, a
pawnbroker may make a special contract with a pawner in
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restrictions.
[37 of 1957]
Precautions
against theft
and fire.
[37 of 1957]
Insurance
against theft
and fire.
[37 of 1957]
respect of a pledge on which the pawnbroker makes a
loan of above ten dollars:
Provided that –
(a) the rate of profit charged shall not
exceed the rate prescribed in Part I of
the Second Schedule;
(b) the pawnbroker shall, at the time of
the pawning, deliver to the pawner a
special contract pawn-ticket, signed
by him; and
(c) a duplicate of the special contract
pawn-ticket shall be signed by the
pawner.
(2) This Act, except so far as the application thereof
is excluded by the terms of the special contract, shall apply
thereto.
PRECAUTIONS AGAINST THEFT AND FIRE
20. (1) Every pawnbroker shall keep on his
business premises a vault for the storage of pledges which
is reasonably secure against theft and fire.
(2) Every pawnbroker shall at all times keep his
premises reasonably secure against theft and fire.
21. (1) Every pawnbroker shall insure against theft
and fire every pledge to the extent of its full value as
agreed upon between the pawnbroker and the pawner.
(2) Any pawnbroker who contravenes subsection
(1) shall be liable on summary conviction to a fine of seventy-
five dollars in respect of each pledge he fails to insure as
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Right of holder
of pawn-ticket
to redeem
pledge.
Production of
pawn-ticket on
redemption.
Liability of
pawnbroker
for theft or
destruction as
a result of fire.
[37 of 1957]
Compensation
for
depreciation
of pledge.
Protection of
owner and of
pawner not
having pawn-
tickets.
required by subsection (1).
DELIVERY UP OF PLEDGE
22. The holder for the time being of a pawn-ticket
shall be presumed to be the person entitled to redeem the
pledge, and, subject to this Act, the 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.
23. A pawnbroker shall not (except as in this Act
provided) be bound to deliver back a pledge unless the pawn-
ticket for it is delivered to him.
24. Where a pledge is stolen or is destroyed or
damaged as a result 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 amount of the loan, profit and
charge for insurance.
25. If a person entitled and offering to redeem
a pledge shows, to the satisfaction of a magistrate, 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 magistrate may, if he thinks fit, award a reasonable
amount in 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 the manner directed by
the magistrate.
26. (1) The following provisions shall have effect
for the protection of owners of articles pawned and of
pawners not having their pawn-tickets to produce:
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(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
alleging that it 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;
(b) if the applicant delivers back to the
pawnbroker the declaration duly
made before a magistrate or justice of
the peace by the applicant and by a
person identifying him, the applicant
shall thereupon have, as between him
and the pawnbroker, all the same
rights and remedies as if he produced
the pawn-ticket; but the declaration
shall not be effectual for that purpose
unless it is duly made and delivered
back to the pawnbroker not later than
one month after the day on which the
form is delivered to the applicant by
the pawnbroker;
(c ) the pawnbroker is hereby indemni-
fied for not delivering the pledge to
any person until the expiration of the
period aforesaid; and
(d) the pawnbroker is hereby further
indemnified for delivering the pledge
or otherwise acting in conformity
with the declaration, unless he has
actual or constructive notice that the
declaration is fraudulent or is false in
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False
declaration.
Misdemean-
our.
Delivery to
owner of
property
unlawfully
pawned.
[37 of 1957]
any material particular.
(2) Anyone who makes a declaration under this
Act either as an applicant or as identifying an applicant,
knowing it to be false in any material particular, shall be
guilty of a misdemeanour and be liable to the punishment
attaching by law to perjury.
27. In each of the following cases, that is to say—
(a ) if anyone is convicted under this
Act before a magistrate of knowingly
and designedly pawning with a
pawnbroker anything which is the
property of another, the pawner not
being employed or authorised by the
owner thereof to pawn it; or
(b) if anyone is convicted before a
magistrate or in any court of
feloniously taking or fraudulently
obtaining any goods and chattels,
and it appears to the magistrate or
the court that they have been pawned
with a pawnbroker; or
(c) if in any proceedings before a
magistrate or in any court, it appears
to the magistrate or the court that any
goods and chattels brought before the
magistrate or the court have been
unlawfully pawned with a
pawnbroker,
the magistrate or the court, on proof of the ownership of the
goods and chattels, may, if he or the court thinks fit, order the
delivery thereof to the owner, on payment to the pawnbroker
of the amount of the loan, profit and charge for insurance
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Summary
order for
delivery of
pledge to
person entitled.
Prohibition as
to taking or
purchasing of
pledge in
certain
circumstances,
and as to
sundry other
things.
[37 of 1957
4 of 1972]
where the magistrate or the court is satisfied that the
pawnbroker acted in good faith and without negligence; and,
subject to the foregoing, no action shall lie against any
pawnbroker in respect of any pledge in his possession unless
the plaintiff avers and proves that the pawnbroker acted in
bad faith or was negligent at the time the article was pledged.
28. If a pawnbroker, without reasonable excuse (the
proof whereof shall lie on him), refuses or neglects to
deliver a pledge to the person entitled to have delivery
thereof under this Act he shall be guilty of an offence and a
magistrate may, if he thinks fit, with or without imposing a
penalty, order the delivery of the pledge on payment of the
amount of the loan and profit.
GENERAL RESTRICTIONS ON PAWNBROKER
29. A pawnbroker who—
(a) takes an article in pawn from any
person appearing to be under the
age of sixteen years or to be
intoxicated; or
(b) purchases or takes in pawn or
exchange a pawn-ticket issued by
another pawnbroker; or
(c) employs any servant or
apprentice or other person under
the age of sixteen years to take
pledges in pawn; or
(d) carries on the business of a
pawnbroker on a public holiday; or
(e) under any pretence purchases,
except at public auction, any pledge
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Unlawful
pawning of
goods not
property of
pawner.
while in pawn with him; or
(f) suffers any pledge while in
pawn with him to be redeemed with
a view to his purchasing it; or
(g) makes any contract or agreement
with any person pawning or offering
to pawn any article, or with the owner
thereof, for the purchase, sale, or
disposition thereof within the time of
redemption; or
(h) sells or otherwise disposes of any
pledge pawned with him except at the
time and in the manner by this Act
authorised,
shall be guilty of an offence.
UNLAWFUL PAWNING AND TAKING PAWN
30. (1) Anyone who knowingly and designedly
pawns with a pawnbroker anything which is the property of
another, the pawner not being employed or authorised by
the owner thereof to pawn it, shall be liable on summary
conviction to a fine of seventy-five dollars, and, in
addition thereto, any sum not exceeding the full value of
the pledge as ascertained by the magistrate.
(2) The forfeitures, when recovered, shall be
applied towards making satisfaction there out to the party
injured and defraying the costs of prosecution, as the
magistrate directs; but if the party injured declines to
accept the 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 to the Accountant General for the
public use.
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Person
offering article
in pawn not
giving a good
account of
himself.
[37 of 1957]
When linen,
apparel,
unfinished
goods, are not
to be taken in
31. (1) Anyone who—
(a) offers to a pawnbroker an article by
way of pawn and is unable or refuses
to give a satisfactory account of the
means whereby he became possessed
of the article; or
(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; or
(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 pledge,
shall be guilty of an offence.
(2) In each of those cases 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 possible into the custody of a
constable, who shall, as soon as possible, convey the person, if
so detained, before a magistrate to be dealt with according to
law.
32. (1) A pawnbroker who knowingly takes in
pawn any linen, or apparel, or unfinished goods or
materials entrusted to any person to wash, scour, iron,
mend, manufacture, work up, finish, or make up, shall be
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pawn.
Search warrant
for goods
unlawfully
pawned.
liable on summary conviction to a fine of double the
amount of the loan; and the pawnbroker shall likewise
restore the pledge to the owner thereof, in the presence of
the magistrate or as the magistrate directs.
(2) If the owner of any linen, or apparel, or
unfinished goods or materials entrusted to any person as
aforesaid and unlawfully pawned with a pawnbroker, or the
owner of any other article unlawfully pawned with a
pawnbroker (the last-mentioned owner having upon oath
satisfied a magistrate that his goods have been unlawfully
obtained or taken from him), shows, upon oath before a
magistrate, 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 that suspicion, the magistrate may
issue his warrant for searching the shop of the pawnbroker
within the hours of business.
(3) If the pawnbroker, on request by a
constable authorised by the warrant, refuses to open the shop
and permit it to be searched a constable may, within the
hours of business, break it open and search as he thinks fit
therein for the linen, apparel, goods, materials or article
aforesaid, doing no wilful damages; and if a pawnbroker or
any other person opposes or hinders the search, he shall be
guilty of an offence.
(4) If on the search any linen, apparel, goods,
materials, or article aforesaid is or are found, and the property
therein of the owner is made out to the satisfaction of a
magistrate, the magistrate shall cause it or them to be
forthwith restored to the owner thereof.
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Annual licence
by pawn-
broker.
Cesser of
licence on
conviction on
indictment.
Condition
of granting
licence.
General
penalty for
offences.
[37 of 1957]
LICENCES
33. (1) Every pawnbroker shall yearly take out from
the district commissioner a licence for carrying on his
business, for which there shall be charged and paid the
sum (if any) determined by the Minister.
(2) A separate licence shall be taken out and paid
for by a pawnbroker for each pawnbroker’s shop kept by
him.
(3) Anyone who acts as a pawnbroker without
having in force a proper licence, shall be guilty of an offence.
34. If a pawnbroker is convicted on indictment of
any 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 licence shall so cease
accordingly.
35. (1) A pawnbroker’s licence shall not be granted to
any person except on the production of satisfactory evidence
of good character.
(2) No licence shall be granted for any shop if
any adjacent house or place occupied or owned by the
pawnbroker is frequented by thieves or persons of bad
character.
(3) No licence shall be granted to any person unless
he produces satisfactory evidence that he can obtain
insurance against both theft and fire.
PENALTIES AND LEGAL PROCEEDINGS
36. A pawnbroker or other person guilty of an offence
in respect whereof a specific forfeiture or penalty is not
hereby prescribed shall be liable to a fine of twice the declared
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Application of
penalty.
Order for
amends for
frivolous
complaint.
[4 of 1972]
Common
informer
compounding
information.
value of the pledge or fifty dollars, whichever is the greater.
37. Any penalty recovered under this Act, not directed
to be otherwise applied, may be applied, under direction of
the magistrate before whom it is recovered, as follows:
(a) where the complainant is the party
aggrieved, one moiety of the penalty
may be paid to him; and
(b) where the complainant is not the
party aggrieved, there shall be paid
to him no part, or only that part of
the penalty which the magistrate
thinks fit.
38. Where a complaint or information of any offence
(not being an offence against any provision hereof relating to
licences), is made or laid before a magistrate and is not further
prosecuted, or if the complaint or information is further
prosecuted but it appears to the magistrate by whom the
cause is heard that there was no sufficient ground for making
the charge, the magistrate may award such amends, not
exceeding the sum of twenty-five dollars, to be paid by the
complainant or informant to the party against whom the
complaint or information is made or laid for his loss of time
and expenses in the matter, as to the magistrate seems meet;
and every sum so awarded shall be recoverable as penalties
are recoverable.
39. Anyone who lays an information for an offence
alleged to have been committed by which he was not
personally aggrieved, and afterwards directly or
indirectly receives, without the permission of a magistrate,
any sum of money or other reward for compounding,
delaying, or withdrawing the information, shall be guilty of
an offence.
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Detention of
person offering
forged
pawn-tickets.
Production of
books and
papers by
pawnbroker
before
magistrate.
Validity of
contract not-
withstanding
offence.
40. If anyone utters, produces, shows, or offers to a
pawnbroker a pawn-ticket which he reasonably suspects to
have been counterfeited, forged, or altered, he may seize and
detain the person and the ticket, or either of them, and shall
deliver the person 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.
41. (1) A pawnbroker shall, at any time, when ordered
or summoned by a magistrate, attend before the
magistrate and produce all books and papers relating to his
business which he may be required by the magistrate to
produce.
(2) A pawnbroker shall at all reasonable times
allow any officer or non-commissioned officer of the police
force to inspect, and to make copies of or extracts from, all
books and papers relating to his business.
(3) If he fails to do so, he shall be guilty of an
offence.
42. Where a pawnbroker is guilty of an offence (not
being an offence against the provisions hereof relating to
licences), any contract of pawn or other contract 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, unfinished
goods, materials, or article to the owner, under the order of
any magistrate or court.
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Protection of
person acting
under the Act.
43. Anyone sued or prosecuted for anything done by
him in pursuance or execution or intended execution of this
Act may plead generally that the act was done in
pursuance or execution or intended execution of this Act
and give the special matter in evidence.
FIRST SCHEDULE
FORMS
FORM 1
Pledge Book
of…………………… Pawnbroker……………………………
Number
of pledge
in the
month
Amount
of Loan
Name
of
pawner
Address
of
pawner
Name
of
owner,
if
other
than
pawner
Address
of owner
if other
than
pawner
Descrip-
tion of
article
pawned
Agreed
value
of
pledge
Amount
of
loan
Profit
charges
Insur-
ance
Date of
Redemp
- tion
Pledges
of $5:
and
under
Date
sold at
auction
FORM 2
PAWN-TICKET
A
For loan of $5.00 or under
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Pawned
with................................................................................pawnbroker
(name)
.............................................................................................................
(address)
this..............................day of.............................................., 20....... ,
by...................................................of lot ............................................
(name) (address)
for the sum of ($..........) .......................................................dollars,
.............................................................................................................
(description of article)
(Conditions to be printed on the ticket)
The pawnbroker is entitled to charge—
For this ticket two cents.
For profit on the first 50 cents or part thereof lent on this
pledge for not more than one calendar month, one cent, and
on each complete sum of 50 cents above the first 50 cents for
the said period a further 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 fourteen days and not more than one month
will be charged as one month.
The value of this pledge as agreed between the pawnbroker
and the pawner is the sum of..................................dollars
and is insured against fire and theft for that sum.
The pawnbroker is also entitled to charge in addition to the
foregoing charges a minimum of ½% of the value of this
pledge to cover insurance against loss by fire or theft,
such charge to be calculated as follows—
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For a period not exceeding six months ...................½%
For a period exceeding six months but not exceeding twelve
months ...............1 %
For a period exceeding twelve months but not exceeding
eighteen months .......... 1½%
This pledge must be redeemed within twelve calendar
months and seven days from the date of pledging.
At the end of twelve months and seven days the pledge shall
become the property of the pawnbroker.
If the pledge is destroyed or damaged by fire, mislaid, lost
or stolen, the pawnbroker shall pay the pawner the value of
the pledge after deducting the amount of the loan, profit and
insurance.
If this ticket is lost, mislaid or stolen, the pawner should
obtain from the pawnbroker the printed form of declaration
which must be made before a magistrate or a justice of the
peace and returned to the pawnbroker not later than one
month after the form has been delivered to the pawner by the
pawnbroker otherwise the pawnbroker will be bound to
deliver the pledge to any person who produces this ticket to
him and claims to redeem the pledge.
The cost of this ticket shall not be included in the amount of
the loan.
B
For the loan of above $5.00
Pawned with...............................................................pawnbroker,
(name)
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28 Cap. 91:09 Pawnbroking
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..............................................................................................................
(address)
this ...........................................day of ............................, 20...........,
by .............................................. of lot ..............................................
for the sum of ($....................).............................................dollars,
………………………………………………………………
(description of article)
(Conditions to be printed on the ticket)
The pawnbroker is entitled to charge—
For this ticket two cents.
For profit on each complete fifty cents lent 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 fourteen days and not more than one month
will be charged as one month.
The value of this pledge as agreed between the pawnbroker
and pawner is the sum of .......................dollars and is insured
against fire and theft for that sum.
The pawnbroker is also entitled to charge in addition to the
foregoing charges a minimum of ½% of the value of this
pledge to cover insurance against loss by fire or theft,
such charge to be calculated as follows—
For a period not exceeding six months ... ½%
For a period exceeding six months but not
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exceeding twelve months ... ... 1 %
For a period exceeding twelve months but not exceeding
eighteen months ... ... 1½%
If this pledge is not redeemed within twelve calendar months
and seven days from the date of pledging, it may be sold by
auction by the pawnbroker, but it may be redeemed at any
time before the day of sale. Any surplus produced by the sale
shall, unless claimed from the pawnbroker, be paid to the
Public Trustee to whom the pawner should apply for
payment of such surplus.
If the pledge is destroyed or damaged by fire, mislaid, lost or
stolen, the pawnbroker shall pay the pawner the value of the
pledge after deducting the amount of the loan, profit and
insurance.
If this ticket is lost, mislaid or stolen, the pawner should
obtain from the pawnbroker the printed form of declaration
which must be made before a magistrate or justice of the
peace and returned to the pawnbroker not later than one
month after the form has been delivered to the pawner by
the pawnbroker otherwise the pawnbroker will be bound to
deliver the pledge to any person who produces this ticket to
him and claims to redeem the pledge.
The cost of this ticket shall not be included in the amount of
the loan.
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FORM 3
REGISTER OF PLEDGES FOR LOANS ABOVE FIVE
DOLLARS SOLD AT PUBLIC AUCTION
No. of
Pledge as
in pledge
book
Date
Descrip-
tion of
article
Amount
of
loan
Profit
charges
Auction-
eer’s
charges
Insur-
ance
charges
Total
cost
of
pledge
Profit
charges
Amount pledge sold
for as stated by
auctioneer
Difference
between
cost of
pledge and
sale price
Pledges of
$5: and
under
Date sold at
auction
Surplus paid to
Public
Trustee
Bought by
Loss
Gain
company
Date of
Redemp
- tion
others
Date Amount
FORM 4
Declaration when pledge claimed by owner
TAKE NOTICE that if this declaration is false the person
making it is punishable as for perjury.
Unless this printed form is taken before a magistrate, and
declared to and signed and delivered back to the pawnbroker
not later than the.................... day of.................., 20...., the
articles mentioned in it will be delivered to any person
producing the pawn-ticket.
I, A.B., of …………....................................in pursuance of the
Pawnbroking Act, do solemnly and sincerely declare that the
article (or articles) described below is (or are) my
property, and that I believe they are pledged at the shop
of....................................................
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The article (or articles) above referred to is (or are) the
following—
And I, C.D., of .............................in pursuance of the same Act,
do solemnly and sincerely declare that I know the person
now making the foregoing declaration to be A.B.,
of.......................................
Declared before me this...............day of .........................., 20…...
(Signed)........................................
Magistrate
______________
FORM 6
SPECIAL CONTRACT
Special Contract
No...........................................$.................................. ... Pawned
with..……........................................................pawnbroker, this
..........................................day of ......................................................
20.................... by……………………………………………………
(name)
of………………….…………………………………………………
(address)
for the sum of....................................dollars, the following
articles:
(Signed) ............................................ pawnbroker
(Signed)............................................. pawner
(Conditions to be printed on the ticket)
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32 Cap. 91:09 Pawnbroking
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The pawnbroker charges—
For this ticket—four cents.
Profit at the rate per calendar month of one cent for each
complete fifty cents.
After the first calendar month, any time not exceeding
fourteen days will be charged as half a month, and any time
exceeding fourteen days and not more than one month will be
charged as one month.
The value of this pledge as agreed between the pawnbroker
and the pawner is the sum of .......................dollars and is
insured against fire and theft for that sum.
The pawnbroker is also entitled to charge in addition to the
foregoing charges a minimum of ½% of the value of this
pledge to cover insurance against loss by fire or theft, such
charge to be calculated as follows:—
For any period not exceeding six months ... ½ of 1%
For any period exceeding six months but not exceeding
twelve months ............. 1 %
For any period exceeding twelve months but not exceeding
eighteen months .......... 1½%
This pledge is pawned for a period of ..................... months.
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. Any surplus
produced by the sale shall, unless claimed from the
pawnbroker, be paid to the Public Trustee to whom the
pawner should apply for payment of such surplus.
If the pledge is destroyed or damaged by fire, mislaid, lost or
stolen, the pawnbroker shall pay the pawner the value of the
pledge after deducting the amount of the loan, profit and
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insurance.
If this ticket is lost, mislaid or stolen, the pawner should
obtain from the pawnbroker the printed form of declaration
which must be made before a magistrate or justice of the
peace and returned to the pawnbroker not later than one
month after the form has been delivered to the pawner by the
pawnbroker otherwise the pawnbroker will be bound to
deliver the pledge to any person who produces this ticket to
him and claims to redeem the pledge. The cost of this ticket
shall not be included in the amount of the loan.
__________________
FORM 7
REGISTER OF SPECIAL CONTRACTS
Date
Number
of
contract
Amount
of
Loan
Period
Profit
charges
Date
of
Redemp-
tion
Profit
received
Insurance
charges
Agreed
value of
pledge
Date
sold at
public
auction
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34 Cap. 91:09 Pawnbroking
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SECOND SCHEDULE
PROFIT AND CHARGES ALLOWED TO PAWNBROKERS
PART I
PROFIT ON LOAN
For profit on the first fifty cents or part thereof lent on this
pledge for not more than one calendar month ... one cent
For profit on each complete sum of fifty cents above the first
fifty cents for not more than one calendar month one cent.
And so on at the same rate per calendar month.
PROVISO
If the pledge is redeemed before the end of the first fourteen
days after the expiration of any month, the pawnbroker shall,
in respect of those fourteen days, be entitled to take half the
amount which he would be entitled to take for the whole
month.
PART II
CHARGE ON PAWN-TICKET
The charge for a pawn-ticket shall be two cents.
The charge for a special contract ticket shall be four cents.
PART III
CHARGE FOR INSURANCE OF PLEDGE
The charge for insurance shall be a minimum of ½ per cent to
be computed as follows on the value as agreed under section
21:
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For a period not exceeding six months ... ... ½% For a period
exceeding six months but not
exceeding twelve months ... ... 1%
For a period exceeding twelve months
but not exceeding eighteen months ... ... 1½ %
PART IV
CHARGE ON INSPECTION OF SALE BOOK
For the inspection of the entry of sale ... ... two cents
PART V
CHARGE OF FORM OF DECLARATION
The charge on a form of declaration shall be two cents.
RULE
This sum is to be paid by the applicant at the time of
application.
THIRD SCHEDULE
REGULATIONS AS TO AUCTIONS OF PLEDGES ABOVE
FIVE DOLLARS
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
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36 Cap. 91:09 Pawnbroking
L.R.O. 1/2012
pawned; and
(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. (1) The auctioneer shall insert in some public
newspaper an advertisement giving notice of the sale, and
stating—
(a) the pawnbroker’s name and place of
business; and
(b) the months in which the pledges were
pawned.
(2) In the case of the sale of any article made of
gold, platinum or silver, or containing gold, platinum or
silver, the advertisement shall, in respect of such article
state the weight, description and where possible, the
standard of purity of the metal.
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, statutes, 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 every
year, that is to say, in the months of January, April, July and
October 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
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which he takes the bidding 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.
________________
