Pawn Brokers Act [Chapter 14:15]

Chapter 14:15

Pawn Brokers Act

Acts 36/1889, 14/1962 (s. 2), 57/1972 (s. 16), 39/1973 (s. 19).

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY Section

1. Short title.
3. Extension of Act to keepers of certain shops.
4. Executors of pawnbrokers.
5. Agents, servants and apprentices of pawnbrokers.
6. Cessionaries, assigns or executors of pawners.
7. Application of Act in respect of loans.

PART II

GENERAL OBLIGATIONS OF PAWNBROKERS

8. Pawnbrokers to keep books as in First Schedule.
9. Pawnbrokers to keep names over doors and tables of rates exhibited in shops.

PART III

PAWNING, REDEMPTION, AND SALE

10. Pawn-tickets to be given for pledges.
11. Profit and charges allowed to pawnbrokers.
12. Pledges redeemable for one year.
13. Pledges for one dollar or under not redeemed in time forfeited.
14. Pledges above one dollar redeemable until sale.
15. Sale by auction of pledges above one dollar.
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 one dollar.
20. Power to make special contracts, subject to restrictions.

PART IV

DELIVERY UPOFPLEDGE

21. Holder of pawn-ticket entitled to redeem.
22. Production of pawn-ticket on redemption.
23. Liability of pawnbroker in case of fire.
24. Compensation for depreciation of pledge.
25. Protection of owners and of pawners not having pawn-tickets.
26. Delivery to owner of property unlawfully pawned.
27. Summary order for delivery of pledge to person entitled.

PART V

OFFENCES

28. Offences by pawnbroker.
29. Unlawful pawning of goods not property of pawner.
30. Proceedings where persons offering articles in pawn do not give a good account of themselves.
31. Prohibition of taking in pawn linen, clothing, unfinished goods in certain cases.
32. Search warrant for linen unlawfully pawned.

PART VI

PENALTIES AND LEGAL PROCEEDINGS

33. General penalty for offences.
34. Application of penalties.
35. Amends for frivolous informations.
36. Penalty on common informers compounding informations.
37. Detention of persons offering forged pawn-tickets.
38. Production of books before court.
39. Contracts not void on account of offences.
40. Protection of persons executing Act.

FIRST SCHEDULE: Forms of Books and Documents.

SECOND SCHEDULE: Profit and Charges Allowed to Pawnbrokers.

THIRD SCHEDULE: Regulations as to Auctions of Pledges above One Dollar.

 

 

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Pawnbrokers Act [Chapter 14:15].

                       2    Interpretation

In this Act—

“pawnbroker” includes every person who carries on the trade or business of taking movable property in pawn or pledge;

“pawner” means a person delivering an article for pawn to a pawnbroker;

“pledge” means an article pawned with a pawnbroker;

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

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

                       3    Extension of Act to keepers of certain shops

In order to prevent evasion of this Act the following persons shall be deemed to be pawnbrokers, that is to say, every person who—

• keeps a shop for the purchase or sale of movable property, or for taking in movable property by way of security for money advanced thereon; and
• purchases or receives or takes in movable property, and pays or advances or lends thereon any sum of money not exceeding twenty 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 such movable property may be afterwards redeemed or repurchased on any terms;

and every such transaction, article, payment, advance and loan shall be deemed a pawning, pledge and loan, respectively, within this Act.

                       4    Executors of pawnbrokers

This Act shall extend to and include the executors of deceased pawnbrokers, except that an executor shall not be answerable for any penalty personally or out of his own estate, unless the same is incurred by his own act or neglect.

                       5    Agents, servants and apprentices of pawnbrokers

• For the purposes of this Act, anything done or omitted by the employee, 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.
• Anything by this Act authorized to be done by a pawnbroker may be done by his employee, apprentice or agent.

                       6     Cessionaries, assigns or executors of pawners

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 cessionaries or assigns of pawners, and to and on the executors of deceased pawners; but any person representing himself to a pawnbroker to be the cessionary, assign or executor of a pawner shall, if required by the pawnbroker, produce to the pawnbroker the cession, assignment, letters of administration or other instrument under which he claims.