A BILL ΤΟ Amend the Acts relating to Pawnbrokers. W 25 G. 3. c. 48. HEREAS under and by virtue of an Act passed in the Preamble Twenty-fifth Year of the Reign of King George the Third, Chapter Forty-eight, all Persons using or exercising the Trade or Business of a Pawnbroker in Great Britain are required 5 to take out a Licence annually for that Purpose in the Manner prescribed by the said Act, under the Penalty of Fifty Pounds for any Neglect in that Behalf, and such Licences are chargeable with certain Stamp Duties granted and imposed thereon by an Act passed in the Fifty-fifth Year of the said King's Reign, Chapter One hundred and 55 G. 3. 10 eighty-four: And whereas an Act was passed in the Thirty-ninth c. 184. and Fortieth Years of the said King's Reign, Chapter Ninty-nine, for 39 & 40 G. 3. better regulating the Business of Pawnbrokers: And whereas c. 99. Attempts are made to evade the Provisions of the said Acts by Persons who receive Goods and Chattels into their Possession, and advance 15 Money thereon, under the Pretence that the Transaction is a Sale and Purchase of such Goods and Chattels, and not a receiving or taking of the same by way of Pawn or Pledge; and it is expedient to amend the said Acts with a view to prevent such Evasions and the Mischiefs arising therefrom: Be it therefore enacted by the Queen's most 20 Excellent Majesty, by and with the Advice and Consent of the Lords Persons Pawn brokers. Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: I. The following shall be deemed to be Persons using and exerdeemed to be cising the Trade and Business of a Pawnbroker within the Meaning of the several Acts aforesaid, and subject and liable to all the Provi- 5 sions and Regulations thereof in relation to Pawnbrokers, as well as the Persons who by or under the said Acts or any of them are declared or deemed to be Persons using or exercising the said Trade or Business; (that is to say,) every Person who shall keep a House, Shop, or other Place for the Purchase or Sale of Goods or Chattels, 10 or for taking in Goods or Chattels by way of Security for Money advanced thereon, and shall purchase or receive or take in any Goods or Chattels, and pay or advance or lend thereon any Sum of Money not exceeding Ten Pounds, with or under any Agreement or Understanding, express or implied, or which from the Nature or Character 15 of the Dealing may reasonably be inferred, that such Goods or Chattels may be afterwards redeemed or re-purchased on any Terms whatever. Penalty on unlicensed Pawn brokers re summary II. If any Person by or under this Act or the several Acts aforesaid or any of them declared or deemed to be a Person using and 20 exercising the Trade or Business of a Pawnbroker shall neglect or coverable by omit to take out the proper Licence in that Behalf he shall forfeit Information. the Sum of Fifty Pounds, which shall be recoverable by Information before any Justice of the Peace in the Name of an Officer of Inland Revenue prosecuting for the same on behalf of Her Majesty; and 25 in every Information or other Proceeding for the Recovery of such Penalty it shall be a sufficient Description of the Offence to charge that the Defendant did use and exercise the Trade and Business of a Pawnbroker without taking out a proper Licence in that Behalf; and upon the Conviction of such Defendant the like Proceedings shall 30 be had for the levying of the Penalty or for the recording of such Conviction, and for the Appeal of the Defendant if he shall feel himself aggrieved thereby, as are provided by Law, and may be adopted with regard to any Penalty incurred under the said Act of the Thirty-ninth and Fortieth Years of King George the Third: 35 Provided always, that it shall be lawful for the Justice before whom any such Defendant shall be convicted to mitigate or lessen the said Penalty, if he shall think fit, to any Sum not less than One Fourth thereof. Power to mitigate. |