The Loans (Infants) Act 1907

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AT 1 of 1907

THE LOANS (INFANTS) ACT 1907

The Loans (Infants) Act 1907 Index


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c i e
THE LOANS (INFANTS) ACT 1907

Index Section Page

1 Short title .......................................................................................................................... 5
2 Definition ......................................................................................................................... 5
3 Persons sending to infants circulars inviting to borrow money guilty of a
misdemeanour................................................................................................................. 5
4 Knowledge of infancy presumed in certain cases ...................................................... 6
5 Soliciting infant to make affidavit in connection with loan ...................................... 6
6 Avoiding contract for payment of loan advanced during infancy .......................... 6
7 Recovery of penalties ..................................................................................................... 7
ENDNOTES 9

TABLE OF LEGISLATION HISTORY 9
TABLE OF RENUMBERED PROVISIONS 9
TABLE OF ENDNOTE REFERENCES 9

The Loans (Infants) Act 1907 Section 1


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c i e
THE LOANS (INFANTS) ACT 1907

Received Royal Assent: 6 July 1907
Promulgated: 11 October 1907
Commenced: 11 October 1907
AN ACT
to render penal the inciting of Infants to Borrow Money.
GENERAL NOTES

1. The maximum fines in this Act are as increased by the Fines Act 1986 and by the
Criminal Justice (Penalties, Etc.) Act 1993 s 1.
2. References to the Treasurer of the Isle of Man are to be construed in accordance
with the Treasury Act 1985 s 7.
3. References to hard labour are to be construed in accordance with the Custody
Act 1995 Sch 3 para 1.
1 Short title

This Act may be cited as ‘The Loans (Infants) Act, 1907’.
2 Definition

In this Act, the expression “summary conviction
” means conviction before a
high-bailiff or two justices of the peace.
3 Persons sending to infants circulars inviting to borrow money guilty of

a misdemeanour

(1) If anyone, for the purpose of earning interest, commission, reward, or
other profit, sends or causes to be sent to a person whom he knows to be
an infant any circular, notice, advertisement, letter, telegram, or other
document which invites or may reasonably be implied to invite the
person receiving it to borrow money, or to enter into any transaction
involving the borrowing of money, or to apply to any person or at any
place with a view to obtaining information or advice as to borrowing
money, he shall be guilty of a misdemeanour, and shall be liable, if
convicted on indictment, to imprisonment with or without hard labour,
for a term not exceeding three months, or to a fine, or to both
Section 4 The Loans (Infants) Act 1907


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imprisonment and fine, and if convicted on summary conviction, to
imprisonment, with or without hard labour, for a term not exceeding one
month, or to a fine not exceeding £2,500, or to both imprisonment and
fine.1

(2) If any such document as above in this section mentioned sent to an infant
purports to issue from any address named therein, or indicates any
address as the place at which application is to be made with reference to
the subject matter of the document, and at that place there is carried on
any business connected with loans, whether making or procuring loans
or otherwise, every person who attends at such place for the purpose of
taking part in, or who takes part in, or assists in the carrying on of such
business, shall be deemed to have sent or caused to be sent such
document as aforesaid, unless he proves that he was not in any way a
party to and was wholly ignorant of the sending of such document.
4 Knowledge of infancy presumed in certain cases

If any such circular, notice, advertisement, letter, telegram, or other document
as in the preceding sections or either of them mentioned, is sent to any person at
any university, college, school, or other place of education, and such person is
an infant, the person sending or causing the same to be sent shall be deemed to
have known that such person was an infant, unless he proves that he had
reasonable ground for believing such person to be of full age.
5 Soliciting infant to make affidavit in connection with loan

If anyone, except under the authority of any court, solicits an infant to make an
affidavit or statutory declaration for the purpose of or in connection with any
loan, he shall be liable, if convicted on summary conviction, to imprisonment,
with or without hard labour, for a term not exceeding one month, or a fine not
exceeding £1,000, or to both imprisonment and fine, and, if convicted on
indictment, to imprisonment, with or without hard labour, for a term not
exceeding three months, or to a fine.2

6 Avoiding contract for payment of loan advanced during infancy

If any infant, who has contracted a loan which is void in law, agrees after he
comes of age to pay any money which in whole or in part represents or is
agreed to be paid in respect of any such loan, and is not a new advance, such
agreement, and any instrument, negotiable, or other, given in pursuance of or
for carrying into effect such agreement, or otherwise in relation to the payment
of money representing or in respect of such loan, shall, so far as it relates to
money which represents or is payable in respect of such loan, and is not a new
advance, be void absolutely as against all persons whomsoever.
For the purposes of this section any interest, commission, or other payment in
respect of such loan shall be deemed to be a part of such loan.
The Loans (Infants) Act 1907 Section 7


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7 Recovery of penalties

Any prosecution for the recovery of a penalty under this Act may be at the suit
of the Attorney-General or the chief constable, and may be prosecuted or
enforced and recovered summarily before a high-bailiff or two justices of the
peace; and all penalties when recovered shall be paid to the Treasurer of the Isle
of Man, to be carried to the general revenue thereof.
The Loans (Infants) Act 1907 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by Fines Act 1986 Sch 2. 2
S 5 amended by Fines Act 1986 Sch 2.