39 & 40 G.3, e. 99. this act, where no forfeiture or penalty is provided, or imposed on any particular or specific offence against any part of this act, not less than forty shillings, nor more than ten pounds; and that all forfeitures incurred by any offence committed against this act shall and may be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant under the hand and seal, or hands and seals, of any justice or justices of the peace for the county, riding, division, city, liberty, town, or place where the offence shall be committed; and the justices shall award one moiety of the said penalties to the parties complaining, and the remainder of the aforesaid penalty or penalties, not otherwise disposed of and applied by this act, is to be paid and applied to and for the use of the poor of the parish or place where the offence shall have been committed, and shall be paid to the overseers of the poor of such parish or place for that purpose. Limiting the time information, twelve months. Information to be inade before a justice near the place. Sect. 27. "Provided always, that no person or persons using or exercising the of prosecuting by trade or business of a pawnbroker shall be subject or liable to any prosecution or information, before any justice or justices of the peace, by virtue of this act, for any offence or offences against this act, unless information shall be given of such offence or offences within twelve calendar months next after the offence or offences committed; and that all and every such information and informations shall be given and prosecuted before such justice or justices of the peace, as shall act as such justice or justices near to the place where such offence or offences shall have been committed, unless the same shall have been committed within the city or liberties of London." Churchwardens, &c. Sect. 28. And that the churchwardens and overseers of the poor of any &c. to prosecute, parish or place, where any offence shall be supposed to have been committed by any pawnbroker against this act, or some or one of such officers, at the discretion or direction of any justices of the peace, on having notice from such justice of the peace, of such offence being supposed to have been committed, shall, and they or some or one of them, to be nominated by such justice as aforesaid, are and is hereby required to prosecute every offender for every offence, so to be suggested by such justice to have been committed against this act, at the expense of the respective parish whereof they or he are, is, or shall be for the time being such officers or officer." Convicted per Sect. 29. "And that no person who has been convicted of any fraud, or of sons, &c. not to obtaining money under false pretences, or of any felony whatsoever, shall be · allowed to prosecute or inform against any person or persons, for offence or offences committed against this act." prosecute or in form against per sons, &c. Act not to extend any Sect. 30. "Provided always, that nothing in this act contained shall extend or to persons lending be construed to extend, to any person or persons whomsoever, who shall lend money to any person or persons whomsoever upon pawn or pledge, at the rate of five pounds per centum per annum interest, without taking any further or greater profit for the loan or forbearance of such money lent, on any pretence whatsoever." money at 5. per cent, without further profit. The act to extend to executors, &c. of pawnbrokers. Sect. 31. "And that all and every the provisions, regulations, and clauses contained in this present act shall, from and after the end of this present session of Parliament, extend to and include the executors, administrators, and assigns of all and every deceased pawnbroker, in the same manner as the same extend to and include the pawnbroker when living, save and except that no such executor than at the rate of 4d. for the loan of veral clauses of the act for specific offences, and the act also contains many regulating clauses; s. 26 also was cited.-Lord Ellenborough, C. J. It is prohibited by the act to take more than the stipulated rate of profit; and, therefore, the taking more is an offence against the act; and as no particular penalty is provided for that transgression, it falls within the general words of the 26th clause. Per Cur. Rule absolute. *See note, ante, p. 47. or administrator of any such deceased pawnbroker shall be answerable for any 39 & 40 G. 3, c. 99. penalty or forfeiture personally, or to be paid out of his, her, or their own monies or estates, unless the same shall be incurred and forfeited by his, her, or their own act or neglect." Sect. 32. And that, if any person or persons shall at any time or times be General issue. sued, molested, or prosecuted, for any thing by him, her, or them done or executed in pursuance of this act, or of any clause, matter, or thing herein contained, such person or persons may plead the general issue, and give the special matter in evidence for his, her, or their defence; and if upon the trial a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall become nonsuited, then such defendant or defendants shall have double costs Double costs. awarded to him, her, or them against such plaintiff or plaintiffs." fences committed Sect. 33. Provides,“ that in all actions, suits, informations, trials, and other Inhabitants of any proceedings in pursuance of this act, or in relation to any matter or thing herein place where of contained, any inhabitant of the parish, town, or place in which any offence or deemed compeoffences shall be committed, contrary to the true intent and meaning of this act, tent witnesses. shall be admitted to give evidence, and shall be deemed a competent witness, notwithstanding his or her being an inhabitant of the parish, town, or place wherein any such offence or offences shall be supposed to have been committed." Sect. 34. And " that the justice or justices before whom any person shall be Form of convic convicted, in manner prescribed by this act, shall cause such respective convic- tion. tion to be drawn up in the form or to the effect following; (that is to say), "And the said justice or justices before whom such conviction shall be had, To be filed. shall cause the same, so drawn up in the form or to the effect aforesaid, to be fairly written upon parchment, and transmitted to the next general, or general quarter session of the peace to be held for the county, riding, division, city, town, liberty, or place wherein such conviction was had, to be filed and kept amongst the records of the said general or quarter session; and in case any person or persons so convicted shall appeal from the judgment of the said justice or justices, to the said general or quarter session, the justices in such general or quarter session are hereby required, upon receiving the said conviction, drawn up in the form or to the effect aforesaid, to proceed to the hearing and determination of the matter of the said appeal at such next session, and not afterwards, according to the directions of this act; any law, custom, or usage to the contrary notwithstanding; and no certiorari shall be granted to remove any conviction or other proceedings had thereon in pursuance of this act." Sect. 35. Provides, " that if any person convicted of any offence or offences Appeal. punishable by this act shall think himself or herself aggrieved by the judgment of the justice or justices before whom he or she shall have been convicted, such person shall have liberty to appeal to the justices, at the next general or quarter sessions of the peace which shall be held for the county, riding, division, city, liberty, town, or place where such judgment shall have been given, and that the execution of the said judgment shall in such case be suspended, the person so convicted entering into a recognizance at the time of such conviction, with two sufficient sureties, in double the sum which such person shall have been adjudged to pay or forfeit, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determination of the justices, in their said next general or quarter session, and to pay such costs as the said justices in such session shall award on such occasion, which recognizance the said justice or justices before whom such conviction shall be had, is and are hereby empowered and required to take; and the justices in the said general or quarter session are hereby authorized and required to hear and finally determine VOL. V. E 39 & 40 G. 3, c. 99. the matter of the said appeal, and to award such costs as to them shall appear just and reasonable to be paid by either party; and if, upon the hearing of the said appeal, the judgment of the justice or justices before whom the appellant shall have been convicted shall be affirmed, such appellant shall immediately pay the sum which he or she shall have been adjudged to forfeit, together with such costs as the justices in the said general or quarter session shall award to be paid for defraying the expenses sustained by the defendant or defendants in such appeal, or in default of making such payment, shall suffer the respective pains and penalties by this act inflicted upon persons respectively who shall neglect to pay, or shall not pay the respective sums or forfeitures by this act to be paid by or imposed upon persons respectively, who shall be convicted by virtue of this act.' Public act. 30 Geo. 2, c. 24. No fees to be taken. Penalty on persons pawning, or receiving in pawn, clothes or other articles, marked "Chelsea Hospital," or defacing the marks, £10. How such penaity shall be levied and ap plied. Sect. 36 makes it a public act. By the 30 Geo. II. c. 24, s. 16, any justice unto whom complaint upon oath shall be made of any offence committed against this act, shall issue his warrant for bringing before him, or some other justice of such place, the person charged with such offence; and the justice before whom he is brought shall hear and determine the matter, and proceed to judgment and conviction; and if it shall appear upon oath, to the satisfaction of such justice, that any person within his jurisdiction can give material evidence on behalf of the prosecutor, or of the person accused, and who will not voluntarily appear, he shall issue his summons to convene him to give his evidence; and, if he shall neglect or refuse to appear on such summons, and no just excuse shall be offered, then (on proof upon oath of the summons having been duly served upon him) he shall issue his warrant to bring such witness before him; and, on his appearance, if he shall refuse to be examined on oath, without offering just cause for such refusal, the justice shall commit him to the public prison for any time not exceeding three months; and if, on such examination, the justice shall deem the evidence of any such witness to be material, he may bind over such witness, unless a feme-coverte, or under the age of twenty-one years, by recognizance in a reasonable penalty, to appear and give evidence at the next sessions or assizes. By s. 13, no fee or gratuity shall be taken for any summons or warrant granted by any justice or justices, in pursuance of this act, so far as the same relates to goods pawned, pledged, taken in exchange, or unlawfully disposed of. By the 5 Geo. IV. c. 107, s. 1, after reciting, "whereas several of the pensioners of the royal hospital for soldiers at Chelsea, and other persons, have at various times pawned or illegally disposed of clothes, linen, stores, and other goods, delivered to them to wear or use, and it is expedient to prevent the unlawful pawning and disposing of the like goods in future," it is enacted, "that the commissioners of the said royal hospital and their successors shall and may, and they are hereby authorized and empowered to cause the clothes, linen, stores, and other articles, belonging to the said hospital, capable of being marked, to be from time to time marked, stamped, or branded, with the words Chelsea Hospital; and if any pensioner or other person or persons shall pawn, sell, or illegally dispose of, or if any pawnbroker, or other person or persons, shall take in pawn, buy, exchange, or receive, any clothes, linen, or other goods, marked, stamped, or branded, as aforesaid, upon any account or pretence whatever (such mark, stamp, or brand, thereon to be considered and taken as sufficient evidence, without further proof, that the articles so marked, stamped, or branded, are the property of the said commissioners), or if any pensioner, or other person or persons, shall cause such mark or stamp, marks or stamps, to be taken out, obliterated, or defaced, from any of the articles belonging to the said royal hospital, the person or persons so offending shall forfeit for every such offence the sum of £10, upon conviction thereof by the oath of one or more credible witness or witnesses, before any one or more of his majesty's justices of the peace of the county wherein the said offence or offences shall be committed; which penalty shall be levied by warrant, under the hand and seal, or hands and seals, of the said justice or justices of the peace, by distress and sale of the goods and chattels of the said offender or offenders, one moiety of which said penalty or penalties shall be paid to the informer or informers, and the other moiety shall go and be paid to the use of the said hospital; and, in case any offender who shall be convicted, 5 Geo. 4, c. 107. as aforesaid, of having pawned, sold, or illegally disposed of, or bought, exchanged, received, or taken in pawn, any such clothes, linen, or other goods, as aforesaid, or of having caused such mark or stamp, marks or stamps, as aforesaid, to be taken out or defaced, shall not have (or shall, at the time of conviction, declare that he or she has not) sufficient goods and chattels whereon distress may be made to the value of the said penalty or penalties recovered against him or her for such offence or offences; or, in case it shall be considered by the justice or justices before whom such offender shall be convicted, that the offender so convicted is likely to abscond before the said penalty or penalties can be levied by distress, then, and in every such case, such justice or justices of the peace shall and may, by warrant under his or their hand and seal, or hands and seals, commit the offender to the common gaol of the county where such offence or offences shall be committed, there to remain without bail or mainprize for the space of three calendar months, or until the said penalty or penalties shall be paid." The. Forms. , cometh before Information against a pawn broker, on 39 & 40 Geo. 3, c. 99, 8. 22, for not ex to wit. Be it remembered, that on, &c. A. B. of Esq, one of his majesty's justices of the peace in and for the city of (or in and for the county of ), and acting near the place where the offence hereinafter mentioned was committed, and giveth me, the said justice, to understand and be informed, that [C. D. of after the commencement of a cer- hibiting a table of tain statute passed in the 39th and 40th years of the reign of our lord the late King interest.* George the Third, intituled, “ An Act for the better Regulating the Business of Pawn. brokers," to wit, on the day of in the year of our Lord aforesaid, and from thence until and at the time of exhibiting this information, did follow and carry on the trade and business of a pawnbroker, at and in a certain shop, in and parcel of a certain dwelling-house, situate and being in in [the city of London] aforesaid: nevertheless, the said C. D., not regarding the said act of Parliament did not, mer would, whilst he so followed and carried on the said business as aforesaid, cause to be painted or printed, in large legible characters, the rate of profit allowed by the said act to be taken by him the said and also the various prices of the note or memorandum to be given by him, according to the rates in and by the said act allowed, and an account of what notes or memorandums were to be delivered gratis, and of the expense of obtaining a second note or memorandum, where the former one has been lost, mislaid, destroyed, or fraudulently obtained, and place the same in a conspicuous part of the said shop, wherein he so carried on the said trade or business as aforesaid, so as to be legible by the persons pledging goods and chattels, standing in the places provided for such persons coming to pawn or redeem goods and chattels at the said shop; but on the contrary thereof, he the said C. D., during the time aforesaid, wholly neglected and omitted so to do, contrary to the form and effect of the said act of Parliament,] whereby, and by force of the said act of Parliament, the said C. D. bath forfeited for his said offence a penalty of not less than forty shillings, nor more than 101., in the discretion of me the said justice: and thereupon the said A. B. prays the judgment of me the said justice, of and upon the premises, and that the said C. D. may be summoned to answer the same, and to make his defence thereto before me. (No. 2.) broker for not Commencement as in form (1) to] did not, nor would, whilst he so followed and Information on carried on the said business as aforesaid, cause to be painted or written in large legible like act, s. 23, characters over the door of the said shop, by him, during the time aforesaid, made use against a pawn. ef for carrying on the said trade or business of a pawnbroker, the Christian and sur- having his name name of him the said C. D., so carrying on the said trade or business as aforesaid, and and description the word pawnbroker following the same, according to the form and effect of the said over the door. act of Parliament; but on the contrary thereof, he the said C. D., during the time * See this form, and the most of the others, in Paley on Convictions, FORMS. Information on like act, s. 21, against a pawnbroker for taking pledges of a child under twelve years of age. aforesaid, to wit, on, &c., and from thence for the space of one [week], and upwards, then next following, made use of the said shop for carrying on the said trade and business of a pawnbroker, without having such Christian and surname of him the said C. D. and the word "pawnbroker" so printed or written as aforesaid, contrary to the form and effect of the said act of Parliament, whereby, and by force of the said act of Parliament, the said C. D. hath forfeited for his said offence the sum of 101.; and thereupon, &c. [Conclude as in form (1).] (No. 3.) Commencement as in form (1). State the offence thus:] That after the commencement of a certain statute passed in the 39th and 40th years of the reign of our lord the late king, George the Third, intituled "An Act for better Regulating the Business of Pawnbrokers," and within twelve calendar months next before the exhibiting of this information, to wit, on the day of in the year of our Lord at the parish of in the said county of one C. D., of the parish aforesaid, (he the said C. D. then and there being a pawnbroker,) did unlawfully receive and take in pledge a certain [cotton frock,] of and from one E. F., she the said E. F. then and there being and appearing to be under the age of twelve years, against the form of the statute in such case made and provided; whereby the said C. D., for his said offence, hath forfeited a penalty not less than forty shillings, nor more than 10l. of lawful money of Great Britain, to be applied as the said statute directs; all which the said A. B. is ready to prove before me the said justice, by a credible witness, when the said C. D. shall be summoned to make his defence touching the same; wherefore the said A. B. prays judgment of me the said justice in the premises, and that I will proceed thereupon according to law, and that the said C. D. may be summoned to appear before me, to answer the premises, and to make defence thereto. (No. 4.) Conviction on 39 & 40 Geo. 3, c. 99, s. 6, of a pawnbroker for taking a pledge without giving a duplicate: where the goods were pawned in an assumed name". in the county of in the day of Martha Collins, of the parish of pawnbroker, is convicted before me, , for [that, or on J. M., one of the justices of the peace for the said county of the day of last, in the parish aforesaid, in the county aforesaid, the said M. C., who then and there used the trade and business of a pawnbroker, did then and there take of and from one J. Gillner, in the name of J. Needham, by way of pledge, certain goods and chattels, to wit, (&c. &c.) upon which the said M. C. lent and advanced the sum of shillings, and which said J. Gillner, at the time he pawned the said goods and chattels, informed the said Martha Collins, that his name was John Needham, and that he lived in Leonard Street, and she the said Martha Collins did not, at the time of taking the said pledge, give to the said John Gillner a note or memorandum, fairly and legibly written or printed, or in part written and in part printed, containing therein a description of the said goods so pawned, and also the place of abode of the person by whom such goods were pawned, according to the information given by the said John Gillner to the said Martha Collins, at the time of such pawning as aforesaid, contrary to the form of the statute in such case made and provided; and I, the said justice, do adjudge the said Martha Collins to pay and forfeit Not less than 40s. for the same, the sum of £ of lawful money of Great Britain; and I do award, that out of the said sum of £ so forfeited as aforesaid, the sum of £ being one moiety of the said sum of £ half to informer, ing in this behalf, and that the sum of £ sum of £ so forfeited as aforesaid, Given under my hand and seal, at first aforesaid. nor more than 10/. s. 26. Award of one 5. 26. be paid to J. S., the party complain, being the remaining moiety of the said be paid and applied as the law directs. in the county aforesaid, the day and year *The 34th section of this act, ante, 49, prescribes the formal parts of the conviction. |