CHAPTER 121. An Act respecting Pawnbrokers. SHORT TITLE. 1. This Act may be cited as the Pawnbrokers Act. INTERPRETATION. Short title. 2. In this Act, unless the context otherwise requires, 'pawn- Definitions. broker' means any person who lawfully exercises the trade of receiving or taking, by way of pawn, pledge or exchange, any goods for the repayment of money lent thereon. R.S., c. 128, s. 1. RATES AND CONDITIONS. taken. 3. Every pawnbroker may take the following rates above Rates which the principal sum advanced, before he is obliged to re-deliver may be the goods pawned, that is to say, for every pledge upon which there has been lent not exceeding fifty cents, the sum of one cent for any time not exceeding one month, and the same for every month afterwards, including the current month in which the pledge is redeemed, although such month has not expired; and so on progressively and in the same proportion for every sum of fifty cents up to twenty dollars. R.S., c. 128, s. 2. lent exceeds 4. When the sum lent exceeds twenty dollars, the pawn- When sum broker may take upon all beyond that amount after the rate $20. of five cents for every four dollars by the month, and so on in proportion for any fractional sum. R.S., c. 128, s. 3. interest. 5. Such sums respectively shall be in lieu of and taken as a In lieu of full satisfaction for all interest due and charges for warehouse room. R.S., c. 128, s. 4. where 6. Except as to amounts advanced on goods not exceeding Redemption twenty dollars hereinbefore provided for, the person entitled advances to redeem, shall on application during any current and unex- exceed $20. pired month have the right of redemption on payment of the full rate for each expired mon and in addition, (a) for any portion of any current and unexpired month not exceeding fourteen days, a one-half month rate; and, 2191 (b) Not exceeding $20. (b) for any portion of any current and unexpired month exceeding fourteen days, a full month rate. 2. The person entitled may redeem goods upon which any sum not exceeding twenty dollars has been advanced on payment of the amount specially provided by this Act as a rate for sums advanced up to twenty dollars. R.S., c. 128, ss. 2 and 5. Taking unlawful rate. Forging pawnbroker's notes. Offender may be arrested. Not giving a satisfactory account of goods offered. Arrest of offender. OFFENCES AND PENALTIES. 7. Every pawnbroker who, in any case, stipulates for or takes a higher rate than that herein prescribed, shall, on summary conviction, be liable to a penalty not exceeding fifty dollars. R.S., c. 128, s. 6. 8. Every person who counterfeits, forges or alters any note or memorandum given by a pawnbroker for goods pledged, or causes or procures the same to be done, or utters, vends or sells such note or memorandum, knowing the same to be counterfeited, forged or altered, with intent to defraud any person, shall be liable, on summary conviction, to imprisonment for any term not exceeding three months. R.S., c. 128, s. 7. 9. If any note or memorandum aforesaid is uttered, shown or offered to any person, and such person has reason to suspect that the same has been forged, he may seize the person offering the same, and deliver him to a peace officer or constable, who shall convey him before a justice of the peace to be dealt with according to law. R.S., c. 128, s. 8. 10. If any person offers to any pawnbroker, by way of pawn or pledge, or of exchange or sale, any goods, and is not able or refuses to give a satisfactory account of himself, or of the means whereby he became possessed of the goods, or wilfully gives any false information to the pawnbroker or his servant, as to whether such goods are his own property or not, or as to his name and place of abode, or as to the owner of the goods; or if there is any other reason to suspect that such goods have been stolen or otherwise illegally or clandestinely obtained; or if any person not entitled, or not having any colour of title by law to redeem goods that have been pawned, attempts to redeem them, the person to whom the goods first above mentioned are offered to be pawned, or to whom the offer to redeem、 the goods in pawn is made, may seize and detain the person offering to pawn, and the goods offered to be pawned, or the person offering to redeem as aforesaid, and shall convey such person and the goods offered to be pawned, or the person offering to redeem, and immediately deliver the person so offering to pawn and the goods offered to be pawned, or the person so offering to redeem, into the custody of a peace officer or constable, who shall, as soon as possible, convey such person and goods, or such person, as the case may be, before a justice of the peace of the district or county. R.S., c. 128, s. 9. supposes stolen, he 11. If such justice of the peace, upon examination and If justice inquiry, has cause to suspect that such goods have been stolen that goods or illegally or clandestinely obtained, or that the person offer- have been ing to redeem them has not any pretense or colour of right so may commit to do, he shall commit the offender into safe custody for such the offender. reasonable time as is necessary for obtaining proper information, in order to be further examined; and if, upon either examination, it appears to the satisfaction of the justice that such goods were stolen or illegally or clandestinely obtained, or that the person offering to redeem them had not any pretense or colour or right so to do, he shall, unless the commitment is authorized by some other law, commit the offender to the common gaol of the district or county where the offence was committed, for any term not exceeding three months. R.S., c. 128, s. 10. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 2193 CHAPTER 122. An Act respecting Money-Lenders. 1. This Act may be cited as the Money-Lenders Act. Short title. 6 E. VII., c. 32, s. 1. lender.' 2. 'Money-lender' in this Act includes any person who Definition. carries on the business of money-lending, or advertises, or Moneyannounces himself, or holds himself out in any way, as carrying on that business, and who makes a practice of lending money at a higher rate than ten per centum per annum, but does not comprise registered pawnbrokers as such. 6 E. VII., c. 32, s. 2. 3. This Act shall not apply to the Yukon Territory. Not appli6 E. VII., c. 32, s. 11. cable to Yukon. as to small 4. This Act shall not apply to any loan or transaction in Limitation which the whole interest or discount charged or collected in con- loans. nection therewith does not exceed the sum of fifty cents. 6 E. VII., c. 32, s. 10. increase 5. Nothing in this Act shall operate to increase the rate of Act not to interest that may be recovered in any case where by law the existing rate rate is fixed at less than twelve per centum per annum. 6 E. VII., c. 32, s. 8. of interest. Interest on contracts, per annum. 6. Notwithstanding the provisions of the Interest Act, negotiable no money-lender shall stipulate for, allow or exact on any instruments, negotiable instrument, contract or agreement, concerning a loan etc., limited of money, the principal of which is under five hundred dollars, to 12 per cent a rate of interest or discount greater than twelve per centum per annum; and the said rate of interest shall be reduced to the And to 5 per rate of five per centum per annum from the date of judgment judgment in any suit, action or other proceding for the recovery of the rendered. amount due. 6 E. VII., c. 32, s. 3. cent after court for and relief of 7. In any suit, action or other proceeding concerning a loan Powers to of money by a money-lender the principal of which was origin- inquiry into ally under five hundred dollars, wherein it is alleged that the transaction amount of interest paid or claimed exceeds the rate of twelve debtor. per centum per annum, including the charges for discount, commission, expenses, inquiries, fines, bonus, renewals, or any 2195 other |