100 NEWSPAPERS AND PAMPHLETS-OATHS, &c.

NEWSPAPERS AND PAMPHLETS.

For the regulations respecting the publication of Newspapers and Pamphlets, see 10 Ann. c. 19. s. 20. 16 G. 2. c. 26. 28 G. 3. c. 78. 29 G. 3. c. 50. 38 G. 3. c. 78. 60 G. 3. c. 9.

OATHS.

BESIDES the power given by particular statutes to administer oaths, by 15 G. 3. c. 39. any justice may administer an oath, where a penalty is to be levied, or distress made.

Two justices may summon any person they suspect to be disaffected, to appear before them and take the oaths of allegiance, supremacy, and abjuration, and if he neglect to appear shall certify it to the sessions. 1 G. 1. st. 2. c. 13.

s. 10. 11.

ORCHARDS.-See GARDEN-VEGETABLE PRO

DUCTIONS.

PARSNIPS.-See GARDEN-VEGETABLE PRODUCTIONS.

PAWNING.

PAWNBROKER to have his name and profession in large legible characters over the door where he carries on his business. P. 10l. for every place used for a week without it. R. distress, or in default commitment from fourteen days to three calendar months, or till paid, with costs. J. 2.

W. 1. A. half to the informer, half to the poor. 39 & 40 G. 3. c. 99. s. 23. 26.

For every pledge where not exceeding 2s. 6d. is lent, one halfpenny shall be taken for any time not above a calendar month; and the same for every succeeding month, including the current month in which the article is redeemed, though it should not have expired. If 5s. lent, interest per calendar month 1d.—if 7s. 6d., 11⁄2d.—if 10s., 2d.—if 12s. 6d., 21⁄2d.—if 15s., 3d.—if 17s. 6d., 3§d.—if 1l., 4d.—and so on in proportion for any sum not exceeding 40s.—and if exceeding 40s. and not exceeding 42s., 8d.—and if exceeding 42s. and not amounting to 10%., after the rate of 3d. for every 20s. by the calendar month; and so in proportion for every fractional sum. Ibid. s. 2.

And where any intermediate sum shall exceed 2s. 6d. and not amount to 40s. the pawnbroker may take a profit of 4d. and no more, for the loan of 20s. for the calendar month. Ibid. s. 3.

Table of rates allowed by this statute to be put up in a conspicuous part of the shop. Ibid. s. 22.

Books to be kept of all pawns above 5s. with the date of the year and day, the pawner's name and abode, description of the article, and money lent, and the letter L if a lodger, and H if a housekeeper, to be entered before the money is lent; and if under 5s. the entry to be made within four hours; and all pledges above 10l. shall be entered in a separate book progressively as they are pawned; and on every note given shall be inserted the number, with a copy of the entry, and the pawnbroker's name and residence; and if the pawner refuse to take such note, the pawnbroker shall not receive the pledge. Such note to be given gratis, if the sum is under 5s.; and from 5s. to 10s. the pawnbroker may take a halfpenny; from 10s. to 20s., 1d.— from 20s. to 5l., 2d.—and from 5l. upwards, 4d.; which note shall be produced before the articles are delivered. Ibid. s. 6.

Person producing the note to be deemed the owner, unless the real owner, shall give notice that the note is stolen or lost; when the pawnbroker shall give a copy of the note, with the form of an affidavit to be sworn before and signed by a justice, and such pawnbroker shall suffer the party to redeem his goods upon leaving such affidavit, and copy of the note with him. Ibid. s. 15. 16.

Pawning goods the property of others, P. from 20s. to 5l. and value of the goods pawned; and if not forthwith paid, commitment from one to three calendar months, or till paid; and if not paid within three days of the expiration of the commitment, to be publicly whipped. R. J. 1. W. 1. A. towards making compensation to the party injured, and defraying the costs; and if the party refuse such compensation, or there should be any overplus, then to the poor. Ibid. s. 8.

Forging or altering such note, or uttering one knowing it to be forged or altered, the person to whom such note is offered may detain the party and deliver him to a peaceofficer, who shall take him before a justice, and on conviction, P. commitment not above three calendar months. Ibid. s. 9.

Persons offering things to pawn, and not giving a satisfactory account of themselves, and persons not entitled thereto endeavouring to redeem pledges, may be detained by the broker, and carried before a justice; and if, upon examination, it shall satisfactorily appear to the justice that the goods were stolen, or illegally or clandestinely obtained, or that the person endeavouring to redeem the same had no colour or pretence of right to do so, such justice may commit the party to the common gaol, there to be dealt with according to law; or if the nature of the offence does not authorize such commitment by any other law, then for any time not exceeding three calendar months. Ibid. s. 10.

Knowingly taking things in pawn entrusted to be manufactured, P. double the sum lent. R. J. 1. W. 1. A. the poor, and the goods to the owner in the presence of the justice. Ibid. s. 11.

When such articles are suspected to be pawned, searchwarrant, within the hours of business, may be granted by a justice on the oath or affirmation of one witness; and if ad- ́ mission is refused, a peace-officer may break open the door and search, doing no wilful damage; and if the goods are found and identified to the satisfaction of the justice, they shall be restored to the owner. Ibid. s. 12.

Owners of any goods unlawfully pawned, may proceed exactly in the same way, and have the same redress. Ibid. s. 13.

Pawns are deemed forfeited,* and may be sold at the expiration of a year, except notice is given in writing, or in presence of a witness, not to sell them; in which case, they may be kept three calendar months longer. If goods pawned for not above 107. shall not be delivered up within the year, or the year and three months, as the case may be, on production of the duplicate, and tender of the principal and interest, P. commitment till the goods are delivered, or satisfaction made. J. 1. All pawns above 10s. and not exceeding 10/. shall be sold by public auction, and catalogues published, and be twice advertised in the papers, two days before sale. P. 10l. A. to the owner. Pictures, busts, mathematical and musical instruments, china, &c. shall be sold separately, only on the first Monday in January, April, June, and October; to be advertised as above, three days

* By the words of the act the pawns are forfeited at the end of the year, whether the interest is paid, or not. But the practice is, if the pawner chooses to pay the interest just before the close of the year, the pawnbroker renews the note, which is, in fact, a fresh pawning. If notice of three months is given, the interest need not be paid up.

before the sale. P. from 40s. to 5l. A. as above. Ibid. s. 14. 17. 18. 19.

Pawnbroker to enter in a book an account specifying the day of sale, the sum sold for, and name and residence of the auctioneer and purchaser; and if articles pawned for above 10s. are sold for more than the sum due on them, the overplus is to be delivered to the owner, if claimed within three years, deducting charges. Pawner or his assigns may inspect the book, on paying 1d. On neglect or refusal to comply with these directions, P. 10l. and treble the sum for which the goods were pawned. R. distress. A. owner. J. 2. Ibid. s. 20.

Pawnbroker not to buy goods while under pawn, or take pawns from persons who appear under twelve years of age, or who are drunk; or take in pawn, or change, a note of another pawnbroker; nor employ any person under sixteen to take pawns; nor buy any goods in his trade before eight in the morning, or after seven in the evening; nor receive any goods in pawn before eight in the morning, nor after nine in the evening, between Michaelmas and Lady Day; nor before seven, and after ten, the rest of the year, except the evenings before Sundays, Christmas Day, Good Friday, and public fasts and thanksgivings. Ibid. s. 21.

On proof on oath or affirmation before a justice that goods pawned have been sold before the time limited, or have been lost or damaged, the justice shall award reasonable satisfaction to the owner, to be deducted from the principal and interest due on the pledge; and if the damage awarded shall exceed such principal and interest, then the broker shall pay such excess to the pawner. P. 10l. Ibid. s. 24.

Justice on complaint, and information on oath, or affirmation, of one witness, may summon a pawnbroker to produce his book and other vouchers. P. on neglect, or producing them in a mutilated state, from 5l. to 10l. Ibid.