Pawnbrokers
PAWNBROKERS ACT
CHAPTER 84:05
LAWS OF TRINIDAD AND TOBAGO
Act
22 of 1889
Amended by
49 of 1912
6 of 1918
69 of 1921
7 of 1945
46 of 1979
6 of 1993
8 of 1996
6 of 2014
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–28 ..
L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
2 Chap. 84:05 Pawnbrokers
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Pawnbrokers Chap. 84:05 3
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
CHAPTER 84:05
PAWNBROKERS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Definition of pawnbroker and pawning transactions.
4. Executors, etc., of pawnbrokers.
5. Agents, servants, and apprentices of pawnbrokers.
6. Assigns, executors, etc., or pawners.
7. Application of Act in respect of loans.
GENERAL OBLIGATIONS OF PAWNBROKERS
8. Pawnbrokers to keep books, etc., as in First Schedule.
9. Pawnbrokers to keep names over doors, and tables of rates, etc.,
exhibited in shops.
PAWNING: REDEMPTION: SALE
10. Pawn tickets.
11. Profits and charges.
12. Pledges redeemable for one year, with seven days of grace.
13. Forfeiture of pledges under forty-eight dollars.
14. Pledges above forty-eight dollars redeemable until sale.
15. Sale by auction of pledges above forty-eight dollars.
16. Offences by auctioneers.
17. Power to inspect sale book.
18. Pawnbroker to account for surplus within three years, subject to set-off.
19. Offences as to pledges for above forty-eight dollars.
DELIVERY UP OF PLEDGE
20. Holder of pawn ticket entitled to redeem.
21. Production of pawn ticket on redemption.
22. Liability of pawnbroker in case of fire.
23. Compensation for depreciation of pledge.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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ARRANGEMENT OF SECTIONS—Continued
SECTION
24. Protection of owners and of pawners not having pawn tickets.
25. Delivery to owner of property unlawfully pawned.
26. Order for delivery of pledge to person entitled.
GENERAL RESTRICTIONS ON PAWNBROKERS
27. Prohibition of purchasing pledges; taking pledges from children, etc.
UNLAWFUL PAWNING AND TAKING IN PAWN
28. Unlawful pawning of goods not property of pawner.
29. Persons offering articles in pawn and not giving a good account of
themselves, etc.
30. Prohibition of taking in pawn, linen, clothing, unfinished goods, etc.,
in certain cases.
31. Search warrant for linen, etc., unlawfully pawned.
LICENCES
32. Yearly licence and Excise duty.
33. Cesser of licence on conviction.
34. Licences not to be granted without certificate.
35. Certificates to be granted by licensing committee.
36. Form and duration of certificate.
37. Notice of application.
37A. Dispute resolution.
38. Grounds of refusal of certificate.
39. Forgery of certificate.
40. Transfer of business to other premises.
PENALTIES AND LEGAL PROCEEDINGS
41. General penalty for offences.
42. Frivolous informations.
43. Common informers compounding informations.
44. Detention of persons offering forged pawn tickets, etc.
45. Pawnbrokers books subject to examination by Police.
46. Information to be given by Police to pawnbrokers of lost and
stolen property.
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UNOFFICIAL VERSION
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Pawnbrokers Chap. 84:05 5
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SECTION
47. Right to enter and search pawnshops, etc.
48. Constable may arrest persons loitering about pawnshops under
suspicious circumstances.
49. Production of books, etc., before Magistrate.
50. Contracts not void on account of offences.
51. Appeals.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Ch. 31 No. 12.
1950 Ed.
22 of 1889.
Commencement.
Short title.
Interpretation.
[6 of 2014].
Ch. 84:10.
Ch. 25:04.
Definition of
pawnbroker and
pawning
transactions.
[46 of 1979].
CHAPTER 84:05
PAWNBROKERS ACT
An Act relating to Pawnbrokers.
[25TH SEPTEMBER 1889]
1. This Act may be cited as the Pawnbrokers Act.
2. In this Act—
“licensing committee” means a licensing committee established
under the Liquor Licences Act;
“pawnbroker” includes every person who carries on the business
of taking goods and chattels in pawn;
“pawner” means a person delivering an article for pawn to
a pawnbroker;
“pledge” means an article pawned with a pawnbroker;
“Port-of-Spain” means the City of Port-of-Spain as defined from
time to time under the Municipal Corporations Act;
“San Fernando” means the City of San Fernando as defined from
time to time under the Municipal Corporations Act;
“shop” includes dwelling-house, warehouse and office, 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 composing or manufacturing of any
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 with or upon them, and before they are
completed or finished for the purpose of wear or consumption.
3. In order to prevent evasion of the provisions of 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,
6 Chap. 84:05 Pawnbrokers
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UNOFFICIAL VERSION
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Pawnbrokers Chap. 84:05 7
LAWS OF TRINIDAD AND TOBAGO
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Executors, etc.,
of pawnbrokers.
Agents,
servants, and
apprentices of
pawnbrokers.
Assigns,
executors, etc.,
of pawners.
Application of
Act in respect of
loans.
[46 of 1979].
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 advanced on them and who purchases or receives or
takes in goods or chattels, and pays or advances or lends on them
any sum of money not exceeding four hundred and eighty 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 re-purchased on any terms; and every
such transaction, article, payment, advance and loan shall be
deemed a pawning, pledge and loan respectively within this Act.
4. The provisions of this Act relating to pawnbrokers 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 the same 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 business of the pawnbroker 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 by this Act 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 a pawnbroker to be the assign, executor, or
administrator of a pawner shall, if required by the pawnbroker
produce to the pawnbroker the assignment, probate, letters of
administration or other instrument under which he claims.
7. (1) This Act applies to every loan by a pawnbroker of
four hundred and eighty dollars or under.
(2) Nothing in this Act applies to a loan by a pawnbroker
of above four hundred and eighty dollars, or to the pledge on
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Pawnbrokers to
keep books,
etc., as in First
Schedule.
First Schedule.
Pawnbrokers to
keep names
over doors, and
tables of rates,
etc., exhibited
in shops.
First Schedule.
Pawn tickets.
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 four hundred and eighty dollars.
GENERAL OBLIGATIONS OF PAWNBROKERS
8. (1) A pawnbroker shall keep and use in his business
such books and documents as are described in the First Schedule,
in the forms indicated or to the like effect, and shall, from time to
time as occasion requires, enter in them in a fair and legible
manner the particulars indicated in and in accordance with the
directions of the Schedule, and shall make all enquiries necessary
for that purpose.
(2) If a pawnbroker fails in any respect to comply with
this section, he is guilty of an offence against this Act.
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
given name and surname or names, with the
word “Pawnbroker”;
(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 in the First Schedule
required to be printed on pawn tickets.
(2) If a pawnbroker fails in any respect to comply with
this section, he is guilty of an offence.
PAWNING: REDEMPTION: SALE
10. A pawnbroker shall, on taking a pledge in pawn, give to
the pawner a pawn ticket, and shall not take a pledge in pawn
unless the pawner takes the pawn ticket.
8 Chap. 84:05 Pawnbrokers
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Pawnbrokers Chap. 84:05 9
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Profits and
charges.
Second
Schedule.
Second
Schedule.
Second
Schedule.
Pledges
redeemable for
one year, with
seven days of
grace.
Forfeiture of
pledges under
forty-eight
dollars.
[46 of 1979].
Pledges above
forty-eight
dollars
redeemable until
sale.
[46 of 1979].
Sale by auction
of pledges
above forty-
eight dollars.
Third Schedule.
Ch. 84:03.
[46 of 1979].
11. (1) A pawnbroker may take profit on a loan on a pledge
at a rate not exceeding that specified in the Second Schedule.
(2) A pawnbroker may demand and take the charges
specified in the Second 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 Second Schedule.
(4) A pawnbroker shall, if required at the time of
redemption, give a receipt for the amount of loan and profit paid
to him.
12. 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.
13. A pledge pawned for forty-eight 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.
14. A pledge pawned for above forty-eight dollars shall
further continue redeemable until it is disposed of as provided in
this Act although the year of redemption and days of grace are
expired.
15. (1) A pledge pawned for above forty-eight dollars shall,
when disposed of by the pawnbroker, be disposed of by sale by
public auction by an auctioneer licensed under the Auctioneers
Act, and not otherwise; and the Regulations 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 under this Act, a pledge
pawned with him; and on the purchase he shall be deemed the
absolute owner of the pledge purchased.
UNOFFICIAL VERSION
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Offences by
auctioneers.
Power to inspect
sale book.
[46 of 1979].
Pawnbroker to
account for
surplus within
three years,
subject to
set-off.
[46 of 1979].
Offences as to
pledges for
above
forty-eight
dollars.
[46 of 1979
6 of 2014].
16. If an auctioneer does anything in contravention of the
provisions of this Act relating to auctioneers, or fails to do anything
which he is required by this Act to do, he is guilty of an offence.
17. At any time within three years after the auction at which a
pledge pawned for above forty-eight 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 auction (authenticated by
the signature of the auctioneer), or in either of them.
18. (1) Where a pledge pawned for above forty-eight dollars
is sold, and appears from the pawnbroker’s 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
pawnbroker’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 is liable to pay the balance
only after the set-off.
19. If, with respect to pledges for loans of above forty-eight
dollars, a pawnbroker—
(a) does not bona fide according to the directions of
this Act sell 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 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 book, or of a filled up catalogue
of the auction authenticated by the auctioneer’s
signature, to inspect the same;
10 Chap. 84:05 Pawnbrokers
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Pawnbrokers Chap. 84:05 11
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Holder of pawn
ticket entitled
to redeem.
Production of
pawn ticket on
redemption.
Liability of
pawnbroker in
case of fire.
Compensation
for depreciation
of pledge.
(d) 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 is in every case, liable, on summary conviction, to forfeit to
the person aggrieved a sum not exceeding four thousand dollars.
DELIVERY UP OF PLEDGE
20. 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.
21. 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.
22. (1) Where a pledge is destroyed or damaged by or in
consequence of fire, whether the destruction or damage occurs
upon the premises of the pawnbroker or of an auctioneer to which
the pledge has been removed for the purpose of being sold, 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 and profit, the value to be the amount agreed upon between
the pawner and the pawnbroker at the time of pawning and
declared to be the value on the ticket, and if not so declared at the
time of pawning the value to be the amount of the loan and profit
and fifty per cent on the amount of the loan.
(2) A pawnbroker is entitled to insure to the extent of the
value so declared, and if not so declared to the extent of the loan
and profit and fifty per cent on the amount of the loan.
23. If a person entitled and offering to redeem a pledge
shows to the satisfaction of a Magistrate that the pledge has
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Protection of
owners and of
pawners not
having pawn
tickets.
become or has been rendered of less value than it was at the time
of the pawning of it by or through the default, neglect or wilful
misbehaviour of the pawnbroker, the Magistrate may, if he 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
Magistrate shall direct, and in default of payment of any amount
which the pawnbroker may be directed to pay, he may be
imprisoned for thirty days.
24. (1) The following provisions shall have effect for
protection of owners of articles pawned, and of pawners not
having their pawn tickets to produce:
(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 Justice 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
such a declaration shall not be effectual 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 applicant by the pawnbroker (exclusive of
a day or days on which the pawnbroker is
prohibited from carrying on business);
(c) the pawnbroker is hereby indemnified for not
delivering the pledge to any person until the
expiration of the period mentioned above;
12 Chap. 84:05 Pawnbrokers
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Pawnbrokers Chap. 84:05 13
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Delivery to
owner of
property
unlawfully
pawned.
Order for
delivery of
pledge to person
entitled.
(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 any material particular;
(e) no fee shall be payable on any such declaration.
(2) If any person makes a declaration under this Act, either
as an applicant or as identifying an applicant, knowing the same to
be false in any material particular, he is guilty of a misdemeanor,
and is liable to the punishment attaching by law to perjury.
25. In each of the following cases:
(a) if any person is convicted under this Act before
any Magistrate of knowingly and designedly
pawning with a pawnbroker anything being the
property of another person, the pawner not
being employed or authorised by the owner to
pawn the same;
(b) if any person is convicted in any Court of 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 Magistrate, it
appears to the Magistrate that any goods and
chattels brought before the Court have been
unlawfully pawned with a pawnbroker,
the Court or Magistrate, on proof of the ownership of the goods
and chattels, may, if it or he thinks fit, order the delivery of them
to the owner, either on payment to the pawnbroker of the amount
of the loan or of any part of it, or without payment of the whole
or of any part of it, as to the Court or Magistrate, according to
the conduct of the owner and the other circumstances of the
case, thinks fit.
26. If a pawnbroker, without reasonable excuse (proof
whereof shall lie on him), neglects or refuses to deliver a pledge
to the person entitled to have delivery thereof under this Act, he
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Prohibition of
purchasing
pledges; taking
pledges from
children, etc.
Unlawful
pawning of
goods not
property of
pawner.
[6 of 2014].
is guilty of an offence under this Act, and a Court or Magistrate
may, if the Court or Magistrate 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 PAWNBROKERS
27. Any pawnbroker who—
(a) takes an article in pawn from any person
appearing to be under the age of sixteen years or
to be intoxicated;
(b) purchases or takes in pawn or exchange a
pawn ticket issued by another pawnbroker;
(c) employs any servant or apprentice or other
person under the age of sixteen years to take
pledges in pawn;
(d) carries on the business of a pawnbroker on
Sunday or on any public holiday;
(e) under any pretence purchases, except at public
auction, any pledge while in pawn with him;
(f) suffers any pledge while in pawn with him to be
redeemed with a view to his purchasing it;
(g) makes any contract or agreement with any person
pawning or offering to pawn any article, or with
the owner of it for the purchase, sale or
disposition of it within the time of redemption; or
(h) sells or otherwise disposes of any pledge
pawned with him except at such time and in
such manner as authorised by this Act,
is guilty of an offence.
UNLAWFUL PAWNING AND TAKING IN PAWN
28. (1) If any person knowingly and designedly pawns with a
pawnbroker anything being the property of another person, the
pawner not being employed or authorised by the owner to pawn the
same, he is liable, on summary conviction, to a fine of five thousand
dollars, and, in addition thereto, to forfeit any sum not exceeding
the full value of the pledge as ascertained by the Magistrate.
14 Chap. 84:05 Pawnbrokers
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Pawnbrokers Chap. 84:05 15
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Persons offering
articles in pawn
and not giving a
good account of
themselves, etc.
Prohibition of
taking in pawn,
linen, clothing,
unfinished
goods, etc., in
certain cases.
(2) The fine and forfeiture when recovered shall be
applied towards making satisfaction thereout to the party injured
and defraying the costs of prosecution, as the Magistrate may direct;
but if the party injured declines to accept of such satisfaction and
costs, or if there is any surplus of the fine and forfeiture, then the
amount shall be paid into the Consolidated Fund.
29. (1) Any person who—
(a) offers to a pawnbroker an article by way of
pawn, being unable or refusing to give a
satisfactory 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; or
(c) not being entitled to redeem, and not having any
title by law to redeem, a pledge, attempts or
endeavours to redeem the same,
is guilty of an offence.
(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 according to law.
30. If a pawnbroker 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, he is liable, on summary conviction, to forfeit a sum not
exceeding double the amount of the loan; and the pawnbroker
shall likewise restore the pledge to the owner, in the presence of
the Court, or as the Court directs.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Search warrant
for linen, etc.,
unlawfully
pawned.
Yearly licence
and Excise duty.
[46 of 1979
6 of 1993
8 of 1996
6 of 2014].
31. (1) If the owner of any linen or apparel or unfinished
goods, or materials entrusted to any person as mentioned above, 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, without the privity or authority of the owner, and makes
appear to the satisfaction of the Magistrate probable grounds for the
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
authorised by the warrant, refuses to open the shop and 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, doing no wilful damage; and if any
pawnbroker or other person opposes or hinders the search, he is
guilty of an offence against this Act.
(3) If, on the search, any linen, apparel, goods, materials
or article mentioned above is or are found, and the property of the
owner thereof is made out to the satisfaction of a Magistrate, the
Magistrate shall cause the same to be forthwith restored to the
owner thereof.
LICENCES
32. (1) Every pawnbroker shall take out yearly from the
Board of Inland Revenue an excise licence for carrying on his
business, on which licence there shall be charged and paid an
Excise duty of two thousand five hundred dollars.
(2) Every licence shall be dated on the day on which it is
issued, and shall terminate on the 31st of December of each year.
(3) A separate licence shall be taken out and paid for by
a pawnbroker for each pawnbroker’s shop kept by him.
(4) Every such licence shall specify the premises in
which the business is to be carried on.
16 Chap. 84:05 Pawnbrokers
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Pawnbrokers Chap. 84:05 17
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Cesser of
licence on
conviction.
Licences not to
be granted
without
certificate.
Certificates to
be granted by
licensing
committee.
[6 of 2014].
Form and
duration of
certificate.
Fourth
Schedule.
Notice of
application.
[6 of 2014].
Dispute
resolution.
[6 of 2014].
(5) If a person acts as a pawnbroker without having in
force a proper licence, he is liable on summary conviction to a
fine of fifteen thousand dollars.
33. 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 same
shall cease accordingly.
34. A pawnbroker’s licence shall not be granted to any
person except on the production and in pursuance of the authority
of a certificate granted under this Act. Any licence granted in
contravention of this section is void.
35. Certificates under this Act shall be granted by the
licensing committee of the district where the application is made.
36. A certificate under this Act shall be in the form given in
the Fourth Schedule, or to the like effect, and shall continue in
force until the 31st of December in the year in which it is granted.
37. A person who intends to apply for a certificate under this
Act shall, twenty-one days at least before the application, give
notice by registered letter sent by post of his intention to the
licensing committee of the district, and to the Commissioner of
Police, and shall in the notice set forth his name and address and
the district within which he intends to carry on his business. The
Commissioner of Police shall forthwith cause notice of the
application to be published in the Gazette.
37A. (1) Where an objection to the grant of a certificate is
made, a licensing committee shall meet with the applicant and the
objector to assist them in reaching a mutually acceptable resolution.
(2) Where the parties fail to agree to a resolution, the
matter shall be heard by a Magistrate assigned for duty in the
magisterial district.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Grounds of
refusal of
certificate.
Forgery of
certificate.
[6 of 2014].
Transfer of
business to
other premises.
[6 of 2014].
General penalty
for offences.
[6 of 2014].
Frivolous
informations.
[46 of 1979
6 of 2014].
38. 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
satisfactory evidence that he is a fit and proper
person to hold a licence;
(b) 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;
(c) that he has not complied with section 37.
39. (1) If any person forges a certificate, or tenders a
certificate knowing it to be forged, he is liable, on summary
conviction, to a fine of five thousand dollars.
(2) A licence granted in pursuance of a forged certificate
shall be void; and if any person makes use of a forged certificate,
knowing it to be forged, he shall be disqualified from obtaining
at any time thereafter a pawnbroker’s licence.
40. (1) A pawnbroker shall not transfer his pawnbroking
business to premises other than those specified in his licence,
except with the consent of the licensing committee of the district,
which consent shall not be given until the Commissioner of
Police has been notified of the proposed transfer, and has had an
opportunity of objecting to the same.
(2) Any pawnbroker contravening the provisions of this
section is liable, on summary conviction, to a fine of five
thousand dollars.
PENALTIES AND LEGAL PROCEEDINGS
41. If a pawnbroker or other person is guilty of an offence
under this Act, in respect of which a specific forfeiture or penalty
is not prescribed by this Act, he is liable, on summary conviction,
to a fine of four thousand dollars.
42. Where an information or complaint of any offence
against this Act (not being an offence against any provision
relating to licences) is laid or made before a Magistrate, and is
18 Chap. 84:05 Pawnbrokers
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Pawnbrokers Chap. 84:05 19
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Common
informers
compounding
informations.
Detention of
persons offering
forged pawn
tickets, etc.
Pawnbroker’s
books subject to
examination by
Police.
not further prosecuted, or if any such information or complaint is
further prosecuted, but it appears to the Magistrate by whom the
case is heard that there was no sufficient ground for the making
of the charge, the Magistrate shall have power to award such
amends, not exceeding the sum of one thousand dollars, to be
paid by the informer or complainant to the party informed or
complained against for his loss of time and expenses in the
matter, as to the Magistrate seems meet.
43. If any person lodges an information for an offence
alleged to have been committed against this Act 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, he is guilty of an offence.
44. If any person utters, produces, shows or offers to a
pawnbroker a pawn ticket which the pawnbroker 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 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.
45. (1) The books required by this Act to be kept by a
pawnbroker shall be produced by him for examination at any
time during business hours on demand by any officer of the
Police Service not under the rank of Sergeant and also by any
constable holding a written authority from the Commissioner of
Police specially authorising him to act under this section, who are
hereby severally authorised to enter at any time during business
hours any pawnbroker’s shop, without warrant, to search for and
examine the said books and to take extracts and copies of them.
(2) If a pawnbroker fails to comply with the
requirements of this section, he is guilty of an offence.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Information to
be given by
Police to
pawnbrokers of
lost and stolen
property.
Right to enter
and search
pawnshops, etc.
Constable may
arrest persons
loitering about
pawnshops
under suspicious
circumstances.
46. (1) Information as to property lost, stolen or otherwise
fraudulently disposed of shall be given by the Police, as soon as
possible after the loss or fraud, to all pawnbrokers, with lists and
descriptions of the same.
(2) If any property answering the lists and descriptions
is in the possession of any pawnbroker, or is subsequently offered
to or shown to any pawnbroker, he shall, without unnecessary
delay, give information to that effect at the nearest Police Station
or to a constable, with the name and address of the person in
whose possession the property was seen.
(3) If a pawnbroker fails to comply with any of the
requirements of subsection (2), he is guilty of an offence.
(4) A pawnbroker shall have power to seize and detain
the person offering or showing such property until the arrival
of a constable.
47. Any officer of the Police Service not under the rank of
Sergeant, and also any constable holding a written authority from
the Commissioner of Police specially authorising him to act
under this section, may enter any pawnbroker’s shop at any time
during business hours and may, without warrant, search the
house, shop or premises of the pawnbroker for any articles that
he may have reason to suspect are there and to have been
dishonestly obtained or dishonestly placed there.
48. (1) Any constable having reason to believe that a person
in or loitering about a pawnbroker’s shop under suspicious
circumstances has with him any article dishonestly obtained, may
detain such person and require him to produce any articles he
may have with him.
(2) If any articles are produced which the constable has
reason to suspect to have been dishonestly obtained, he may take
or cause to be taken the person and the articles to the nearest
Police Station, there to be dealt with according to law.
(3) If any person so required to produce such articles
refuses to be searched, the constable may take him or cause him
20 Chap. 84:05 Pawnbrokers
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Pawnbrokers Chap. 84:05 21
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
to be taken before a Magistrate or Justice, who, if he thinks fit,
may search such person or order him to be searched and if any
such articles are found may detain him with the articles so found
to be dealt with according to law.
49. A pawnbroker shall, at any time when ordered or
summoned by a Magistrate, attend before the Court and produce
all books and papers relating to his business which he is required by
the Court to produce. If he fails to do so, he is guilty of an offence.
50. Where a pawnbroker is guilty of an offence against this
Act (not being an offence against any provision 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, goods,
materials or article to the owner, under the order of any Court.
51. (1) A person aggrieved by a refusal of a licensing
committee to grant a certificate for a licence may apply in writing
to a Magistrate for a review of the decision.
(2) A person aggrieved by an order of a Magistrate
under subsection (1) or a decision of a Magistrate under
section 37A(2) may appeal from the decision to the Court
of Appeal.
Production of
books, etc.,
before
Magistrate.
Contracts not
void on account
of offences.
Appeals.
[6 of 2014].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ten cents.
Twenty cents.
II—PAWN TICKET
A—FOR A LOAN OF FORTY-EIGHT DOLLARS OR UNDER
Pawned with [John Smith], Pawnbroker, [36, Upper Prince Street,
Port-of-Spain], for sum of [twenty-four dollars].
[One Black Frock Coat]
*The Pawnbroker is entitled to charge—
For this ticket … … …
For profit on each four dollars and eighty cents or part of
four dollars and eighty cents lent on this pledge for not
more than one calendar month … …
and so on at the same rate per calendar month.
After the first 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.
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.
22 Chap. 84:05 Pawnbrokers
LAWS OF TRINIDAD AND TOBAGO
Da
te
of
Re
de
mp
tio
n
Am
ou
nt
of
Lo
an
Li
st
of
Ar
tic
les
, p
aw
ne
d
as
de
sc
rib
ed
on
Pa
wn
tic
ke
t
Ad
dre
ss
of
Ow
ne
r, i
f
oth
er
tha
n P
aw
ne
r
Na
me
o
f O
wn
er,
if
o
the
r
tha
n P
aw
ne
r
Ad
dre
ss
of
Pa
wn
er
Na
me
of
Pa
wn
er
Nu
mb
er
of
Ple
dg
e i
n
the
mo
nth
De
cla
red
va
lue
of
ea
ch
art
icl
e p
aw
ne
d
Pr
ofi
t c
ha
rge
d
FIRST SCHEDULE
I—PLEDGE BOOK
I ................ of ................, Pawnbroker, ..............of ..................., 20........ .
RULE
All entries in the last six columns respecting each pledge shall be made on the
day of the pawning thereof or within four hours after the end of that day.
Section 8.
*The following
is to be printed
on the ticket,
on the front or
back, or partly
on the front and
partly on the
back.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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 agreed upon between the pawner and
pawnbroker at the time of pawning and declared to be the value on the ticket;
and if not so declared at the time of pawning, such value to be the amount of
the loan and profit and fifty 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 Justice of the Peace,
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.
B—FOR A LOAN OF ABOVE FORTY-EIGHT DOLLARS
Pawned with [John Smith], Pawnbroker, [36, Upper Prince Street,
Port-of-Spain], this [19th] day of [March, 20 ......,] by [Henry Jones,] of
[25, King Street, Port-of-Spain], for the sum of [one hundred dollars].
[One Dress Coat]
*The Pawnbroker is entitled to charge—
For this ticket … … … …
For profit on each four dollars and twenty cents or part of
four dollars and twenty cents lent on this pledge for every
calendar month or part of a calendar month … …
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 the 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 agreed upon between the pawner and
pawnbroker at the time of pawning and declared to be the value on the ticket;
and if not so declared at the time of pawning, such value to be the amount of
the loan and profit and fifty 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 Justice of the Peace,
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.
Pawnbrokers Chap. 84:05 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
*The following
is to be printed
on the ticket, on
the front or
back, or partly
on the front and
partly on the
back.
Twenty cents.
Ten cents.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
IV—DECLARATION WHERE PLEDGE CLAIMED BY
OWNER
TAKE NOTICE, if this declaration is false the person making it is
punishable as for perjury.
Unless this printed form is taken before a Justice of the Peace and declared
to and signed and delivered back to the pawnbroker not later than the ..... day
of ..................................., 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 the article [or articles] described below is [or are]
my property, and that I believe they are pledged at the shop of .......
The article [or articles] above referred to is [or are] the following:
And I, C.D., ......... of ............, in pursuance of the said Act do solemnly and
sincerely declare that I know the person now making the foregoing declaration
to be A.B., .......................... of ...........................
Declared before me, Justice of the Peace
for ................ this .................. day of ................,
20......
24 Chap. 84:05 Pawnbrokers
LAWS OF TRINIDAD AND TOBAGO
}
III—SALE BOOK OF PLEDGES FOR LOANS OF ABOVE
FORTY-EIGHT DOLLARS
[Date and place of Sale]
[Name and place of business of Auctioneer]
Amount for which
Pledge sold as stated
by Auctioneer
Amount of Loan
$
Name of
Pawner
Date of
Pawning
No. of Pledge as in
Pledge Book
Section 8.
Section 8.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Pawnbrokers Chap. 84:05 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Section 8.
Section 8.
V—DECLARATION WHERE PAWN TICKET LOST, ETC.
TAKE NOTICE, if this declaration is false the person making it is
punishable as for perjury.
Unless this printed form is taken before a Justice of the Peace 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 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 said Act, do solemnly
and sincerely declare that I know the person now making the foregoing
declaration to be A.B., ............ of.................
Declared before me, Justice of the Peace
for ................ this .................. day of ................,
20......
VI—RECEIPT
[Date]
$
Received on redemption of Pledge No. … … …
Amount of loan … … … … … …
Profit … … … … … … … … …
TOTAL … …
A.B. ....................
Pawnbroker
}
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
SECOND SCHEDULE
PROFIT AND CHARGES ALLOWED TO PAWNBROKERS
I—PROFIT ON LOAN
A—On a loan of forty-eight dollars or under—
For any time during which the pledge remains in pawn
not exceeding one month, for every four dollars and eighty
cents or fraction of four dollars and eighty cents lent …
For every month after the first, including the current
month in which the pledge is redeemed, although that
month is not expired, for every four dollars and eighty
cents or fraction of four dollars and eighty cents lent …
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.
B—On a loan of above forty-eight dollars—
For every month or part of a month for every sum of four
dollars and twenty cents or fraction of a sum of four
dollars and twenty cents … … … …
II—CHARGE ON PAWN TICKET
Where the loan is forty-eight dollars or under … …
Where the loan is above forty-eight dollars … …
III—CHARGE ON INSPECTION OF SALE BOOK
For inspection of the entry of a sale … … …
26 Chap. 84:05 Pawnbrokers
LAWS OF TRINIDAD AND TOBAGO
Ten cents.
Ten cents.
Twenty cents.
Twenty cents.
Section 11.
[46 of 1979].
Twenty cents.
Twenty cents.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
THIRD SCHEDULE
REGULATIONS AS TO AUCTIONS OF PLEDGES
ABOVE FORTY-EIGHT DOLLARS
1. At least seven days’ notice of sale by auction of pledges shall be
given by the auctioneer in a public daily newspaper 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;
(d) the place where the auction is to be held, not being a
pawnbroker’s premises.
2. The advertisement shall be inserted on two several days in the same
newspaper and the second insertion shall be at least three clear days before the
first day of sale.
3. Pawnbrokers shall send all pledges to the auctioneer at least two days
before the sale duly ticketed and numbered and the same shall be fully exposed
for sale to public view by the auctioneer on the day before the day of sale.
4. All sales shall be held in places open to the general public and large
enough for the accommodation of intending purchasers.
5. The auctioneer 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.
6. In the catalogues, the pledges of each pawnbroker shall be set out
separately from the pledges of other pawnbrokers.
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 seven 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 a copy of every such catalogue for
three years at least after the auction.
10. 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.
Pawnbrokers Chap. 84:05 27
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Section 15.
[46 of 1979].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
28 Chap. 84:05 Pawnbrokers
LAWS OF TRINIDAD AND TOBAGO
Section 36. FOURTH SCHEDULE
FORM OF CERTIFICATE
I, ...................... hereby certify that I authorise the grant to A.B. of
...................... in the county of.......................... of a Licence to carry on the
business of a Pawnbroker at .............................. [specify premises].
Witness my hand this ................. day of ................... , 20......
............................................
Magistrate
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
