Pawnbrokers Act 1849 No 37a (NSW)
No. XXXVII.
| Tawnbuokeiis. | An Act for regulating* the trade or biisineKSS of |
| Pawnbrokers in New South Wales. | [10 /̂i |
| October, 1849.] |
| rreaiublc. | \ \ J IIETIE*\.S it is necessary and expedient to regulate tlie trade of |
| VV Pawnbrokers in tlie Colony of New" Soutli Wales Be it tlu'rc- |
| No person to carry | lore enacted by His Excellency the Governor of New Soutli Wales |
| on the business of a | |
| Pawnbroker without | w'ith the advice and consent of the Legislative Council thereof That |
| 11 license. | from and after the passing of this Act it shall not be lawful for any person to carry on the trade or business of a Pawnbroker in the said Colony w"ithont having previously obtained a license to carry on such |
| Penalty. | trade or business in manner and form as is hereinafter directed and if any person shall w"ithout having first obtained such license carry on such trade or business of Pawnbroker ho shall forfeit and pay on conviction for every such oflence any sum not exceeding twenty pounds as to the convicting Justice or Justices shall seem meet. |
| Wiio shall bo deemed | |
| Pawnbrokers. | 2. And be it enacted That every person whomsoever who shall carry on business or shall seek his livelihood in or by advancing upfin interest or for or in expectation of ])roiit gain or reward any sum of money upon security (whether collateral or otherwise) of any article or articles goods or chattels whatsoever taken by such person liy waiy of pawn pledge or security shall be deemed and taken to be a Ikiwu- bi’oker and shall be deemed and taken to have carried on the trade or business of a Pawnbroker Avithin the intent and meaning of this Aid. |
| Manner of obtaining | 3. And lie it enacted That any person Avishing to obtain any |
| shall he paid for |
| license and what | such license shall deliver to the Clerk of the Bench for the Police District in Avhich lie intends io carry on such business an application |
| 1849. | 13*̂ VIC. | No. 37 | 1973 |
| Tmonhrohers. |
in the form in the Schedule to this Act annexed marked A and rf'commcnded by five housclioldcrs residing in tlie district in wliich sucli applicant may apply and it shall he lawful for tin' Justices ass(unhled in tlu! Petty Sessions for such district next after such notice shall hav(‘ been so delivered if they shall he satisfied with the character of the person so applying to grant a license to such 2)orson under their hands in the form in the Schedule to this Act annexed marked 11 which license shall he in force for one year from the date thereof and shall he delivered to the ])crson so applying for it on payment of ten ])Ounds to he paid over to tlû Colonial Treasurer for the public uses of the said Colony and in su])port of the Governnumt. thereof and shall he applied in such maniUT as may from time to tinu' he directed by any Acts of the said Governor and Legislative Council.
t. And he it enacted That the matter of all such applications A ppiifU inn to i.e
sliall ho heard and d(!termined in open Court and shall he a judicial
in([uiry.
5. And he it enacted That every Clerk of Petty Sessions by ci.U; oi Cetty Ses
which such license shall lx; granted shall keep an alphabetical record thereof and every such Clerk neglecting so to do shall forfeit and ]>ay on conviction any sum not exceeding five pounds.
(5. And he it enacted That in any proceeding before any dustice jranneroi pioving
or Justices against any person alleged to ho alicenscxl PaAvnhroker and li' i i'"';.
liable as such to any sucli jiroeeeding the production of the alphahetical
record hereinbefore directed to he kept by tlie Clerk of Petty Sessions
shall A^^prlma fac'to CA'idence both of the personal identity of the person
theri'in named and that the said ])crson is a licensed PaAvnhroker
und('r this Act until the contrary be shewn Provided ahvays that
any other proof as to the fact of any ])crson holding any such license
may he admitted before any such Justii.'e or Justices as they in their
discretion may see fit.
7. And he it enacted That in all proceedings under this Act Pawnbroker to be
| again.st any person carrying on the trade or business of a PaAA nhrokt't- f/17 | ii’eon'trin^^^ ̂ |
| Avithout a license such person shall for all purposes connected Avith such ])roceedings he det'med and taken to he unlicensed imless such ])erson shall produce the license authorizitig such person to cari'y on sucii tr.adt; or business to the Justice or Justices hearing the case or shall ])roduce other proof Avhich shall he satisfactory to such Justici' or Justices of his being a licensed PaAvnhroker within the meaning of this Act. |
8. And he it cnacttxl That every person Avho shall hold a Pawnbrokers’ names
JGAvnhroker’s license nndt'r this Act shall and is hereby required 1 e
have his name at length painted in legible characters at least Iavo a lu naity.
inches dec]) Avith the Avords '•‘ Licensed PaAA’nhroker ” constantly and
])('rmanently I’emaining and plainly to be seen and read over the door
of each shop or other place by him or them respectively kept or madi'
use of for cari-ying on the trade or husinc'ss aforesaid and aiiy such
licensed person Avho shall fail or neglect to comply Avith the regulations
hereby imposed or either of them shall for CAcry such offence forfeit
and pay on conA’iction any sum not exceeding ten pounds.
9. And he it enacted That if any person not actually holding ii„iicciised persons
a PaAvnhroker’s license shall keej) up any sign writing painting
| other mark on or near to his house shop or premises AA'hich may imply | ’ |
| or gh'o reasonable cause to believe that such shop house; or premise’s is or are the house shop or premises of a license;d PaAAmhroke'r he; shall for every such offence forfeit and pay ein e-onviction any sum not exe’ceding ten pemnds. |
| 10. | Anel he it enacted ’fliat no PaAvnhroker licensed hy autliority | to keep more |
| of this Act shall hv A'irtuc lAf one licenise; keep jnore; than one; liouse; | o''«skop by |
| , | 1 | , | 1 | • | • | 1 | 1 | j i | i | i | ^ | ^ | i ‘ | Virtue ot om; license. |
sh()|) or other place lor taking m goods or chattels to \)aMn hut lor
each
| 1974 | No. 37. | IS*’ VIC. | 1849. |
| Fmmhrohers. |
each and every house shop or other place which any person shall keep for the purposes aforesaid a separate and distinct'license shall be taken oixt and paid for by such Pawnbroker.
| Persons in partner | 11. Provided always That persons in partnership and carrying |
| ship need take out |
| one license only. | on the trade or business of a Pawnbroker in one house shop or tenement only shall not be obliged to take out more than one license in any one year for the carrying on such trade or business, |
| License to be pro | 12. And be it enacted Tliat anv person holding a license under |
| duced on ’ | ' |
| a Justice or constable | this Act shall on demand at his licensed house or place wherein or | |
| authorized in writing | ||
| under a penalty. | ||
| ||
| Justice of the Peace or to any constable authorized by any Justice by any Avriting under his hand to demand the production thereof and if any such licensed person shall refuse or neglect to produce his license he shall forfeit and pay on conviction for every such refusal or neglect any sum not exceeding ten pounds unless some reasonable excuse can be given by such licensed person to the satisfaction of the Justice or Justices liearing the case for the non-production thereof. |
| Penalty on person | 13. And be it enacted That if any person having obtained such |
| lending license. | license as aforesaid shall lend the same to any other person for the purpose of carrying on such business as aforesaid under colour thereof he shall forfeit and pay on conviction for every such offence any sum not exceeding tu^enty-five pounds and on conviction it shall be lawful for the Justice or Justices so convicting to declare his said license void and no such license shall thereafter be granted to such person so con victed for the pei’iod of two years from the date of sucli conviction. |
| Penalty on having | 14. And be it enacted That if any person shall forge counter feit or alter or cause to be forged counterfeited or altered any license as aforesaid or shall produce or sheiv any such forged counterfeited or altered license to any person entitled to demand the production thereof every person in any case so offending shall be deemed guilty of a mis demeanor and being lawfully convicted thereof shall suffer such punish ment by fine or imprisonment or both (ivith or without hard labor) not in any case exceeding two years imprisonment as the Court shall think fit. |
| forged license. | |
| Articles pledged to |
| be entered in books | 15. And be it enacted That every licensed person taking in |
| under a penalty. | pawn any articles or article whatsoever whereon shall be lent any sum of money shall forthwith (before advancing any money thereon) caus<; to be entered in a fair and legible manner in some book kept for that purpose a fair and reasonable description of every such article and the sum of money in the whole advanced thereon ivith the rate of interest to be charged on the same by the iveek or month (as the case may be) and the true date at ivhich and the name of the party by or for whom all such articles are pawned and his or her place of residence according to the statement of tlie person so pawning into ivhich last mentioned circumstances the Pawnbroker is hereby enjoined to inquire of the party so paivning befori ̂ any money shall be lent or advanced to bim or her and any licensed person who shall fail or neglect to keep such book or to make such entry therein shall forfeit and pay on con viction for every such offence any sum not exceeding ton pounds. |
| Period for sale of | 16. And be it enacted That unless a longer time shall be |
| pledges. | expressly agreed upon the period for redemption of any article or articles so taken in paivn sliall be three months at the expiration of which period (or at the expiration of any such longer period as may have been so agreed upon) every such article shall be deemed forfeited and may be sold and if any Pawnbroker shall under any circumstances or upon any pretence sell or otherwise dispose of or cause or know ingly suffer to be sold or disposed of any article whatever so pawned before the expiration of the said term of three months or of such longer period (if any) as was so agreed ujion he shall forfeit and pay for |
every
| 1849. | 13̂ VIC. | No. 37. | 1975 |
| Pawnbrokers. |
every such offence upon conviction (over and above any damages for wliicli lie may be liable to the OAvner or party injured) any sum not exeiiediiiL ̂twenty pounds Provided ahvays tluit in every ease where a Ioniser time for rc'deraption than the said term of three months sliall have been agreed U])on such time shall he specified in tlu' entry so to he made as aforesaid or at the foot thereof and shall he mimtioned in like manner in the duplicate of such entry hereinafter required to he given to the party pawning Provided also that any agreement for tJu' forfeiture of any article in any ease hefore the expiration of six mouths shall he Avholly void.
| 17. And he it enacted That all articles forfeited on which in the whole any sum above five shillings shall have been lent shall he sold hy public auction and not otherwise and a notice of every such sale containing a catalogue of all such artich's and the time when Hk' same were respectively taken in paAi n shall he tivicc inserted in some puhlic newspaper puhlislied in the said Colony four days at the least hefore the proposed day of sale upon pain of forfeiting to tlie OAvner of any articles sold contrary to the provisions of this section a sum not exceeding twenty pounds to he paid hy the Pawnhroki'r in any such case offending and no ])urchase or prc'tended purchase hy any PaAvnhroker or person on his behalf of any article or articles paAA ned Avith him shall Ix' lawful or if made shall ho valid against the OAViu'r in any ease. | i,i'saia |
18. And he it enacted I’hat every such entry as aforesaid shall Entries to lo mmi-
| he numht'rcd consecutively tliroughout the year the first pledge roceivt'd | ji'jie, |
| hy any PaAA’nhroker after the comraeucemt'ut of this Act being num- peiniii,. hered one the second tAV’o and so on until the end of the year and tbf> first pledge rcctnvf'd on or after the first day of January next and on or after anysucceeding first day of January luang respectively numbered one and so on progressively throughont each year and every PaAvn hroker at the time of taking any article in pawn shall give to the ])f‘rson paAvning the same a- duplicate of every such entry fairly and legibly Avritten or ]mrtly Avritten and jiartly printed Avith the signature of such PaAvnhroker thereto attached containing every ])articulnr inserted in the original entry and corresponding thercAvith in number and any licensed PaAvnbrokor avIio shall fail or neglect so to do shall forfeit and ]iay on conviction any sum not exceeding ten pounds and no Pawnbroker shall receive or retain any pledge' unless siudi duplicate shall he or shall have been accepted at the time by the party paAvning and every such duj)li(!ate shall he delivi'red gratis and shall he ]iroduced to the PaAA’iihrokor hefore he shall h(' obligi'd to re-doliv('r tht' artich's mentioned therein or any of them. |
It). And be it enacted That if any per.'on sliall knoAvingly paAvn Pcr.aity for imi.iu'.
pledge exchange or otherAvise unlaAvfully dispose of any article 'vhaf-
| soever belonging to any other yicrson Avithout the consent or authoriiy otio rs. | ' |
| of such OAvner and Avith a fraudulent intent in any such case to ih'priAm the OAvnt'r (Avhethcr Avholly or temporarily) of the use thereof tlu' person so offending shall be deemed guilty of a misdemeanor and shall sutler such punishment by fine or imprisonment or' both (Avith or Avithout hard labor) not exceeding in any case tAVo years imprisonment as the Court shall think fit. |
20. And be it enacted That if any person shall forge or alter or I’cnsiUy fjvforgin-
cause to be forged or altered or shall knoAviugly assist in forging
altering any such ikuAnbroker’s duplicate as aforesaid or shall uflcr
sell dispose of or juit otf any such duplicate so forged or alteix'd
(laioAving the same to bo so forged or altc-red) Avith intent to defraud
any jierson AAdiatsocA’cr or if any person shall steal or unlaAA'lully fak('
any PaAvnbroker’s duplicate aa ith a fraudiili'iit intent to deprive tlu'
oAA'irer thereof or of any article specified tiiercin every person in any
| 2 s—VOL. 3. | case |
| 1976 | No. 37. | 13« VIC. | 1849. |
| Ffmnhrokers. |
case so offending shall be deemed guilty of a misdemeanor and shall suffer such punishment by fine or imprisonment or both (with or without hard labo)-) not exceeding in any case two years imprisonment as the Court shall think fit.
| Holders ordtiplicates | 21, And be it enacted That every person who shall at any time produce any such duplicate as aforesaid to the Pawnbroker who gave the same and shall require delivery of the articles therein specified claiming to Ijc the ovuicr or representing himself to be authorized by the owner thereof shall be deemed and taken to be such owner or to be so authorized and shall be entitled to redeem sucli articles accord ingly unless such Pawnbroker shall previously have had notice from the real owner that such duplicate hath been lost by him or fraudulently taken or obtained from him or such Pawnbroker shall have been informed by some credible person that such articles have been stolen Provided always that in every case where the Pawnbroker shall refuse; to deliver the articles to the party producing such duplicate he shall give immediate information of such refusal and of the particular grounds thereof to a Justice of the Peace or to some constable together with a description of the person of such party or (if known to the Ikawnbroker) such party’s name and place of residence. | ||
| of g“oods pawned. | |||
| Wlieii (Inplicate is |
| ||
| lost a copy iviay be | |||
| obtaiiiCil. | shall be lost or mislaid by or fraudulently taken or obtained from the owner thereof and the articles mentioned therein shall remain unre deemed the Pawnbroker who gave such duplicate sliall at the request of any person representing himself to bo such owner deliver to such person a copy of such duplicate such person previously producing to and leaving with such Pawnbroker a Avritten declaration (in the form prescribed by the Act of the Governor and Legislative Council of New South JV ales passed in the ninth year of the reign of Her present | ||
| ;i Vic, No, y. | Majesty (iuecn Victoria intituled “ An A ct for the more effectual “ abolition o f Oaths and Ajjirmations taken and made in various “ Departments o f the Government o f Neie South Wales and to substi- “ tute Declarations in lieu thereof and fo r the suppression o f voluntary “ and extra-judicial Oaths and A-ffidavits”) duly taken before and authenticated by some Justice of the Peace setting forth the circum stances of such loss or otherwise satisfactorily accounting for the non | ||
|
to be deemed owners .
| Entry to bo ininle ut | ̂ |
23. And he it enacted That every Pawnbroker shall from time to time enter in a book to be kept by him for that purpose a true and just account ol the sale of eAuiry article which shall have been pawned and which shall be sold or otherAvise disposed of by him specifying the date when such article was pledged and the true mimber of tlie entry then made thereof and the name of the person Avho pledged the same and the day Avhen and the amount for Avhich every such article was sold and in case any such article shall have been sold for more than the full amount of the principal money and interest thereon Avhich was due at the time of such sale then the overplus (deducting the necessary charges of such sale) shall if claimed within tAvclvc months next alter such sale be paid upon demand to the person by or for Aidiom such article Avas paAvned or his agent or assigns or (in case of death) to his executor or administrator.
all articles sold.
Every such entry
| may be inspected. | 24. And lie it enacted Tliat every person by or for Avhom any such article as last aforesaid shall have b̂ een pawned shall be permitted to inspect the entry of such sale thereof and if any PaAvnhroker or p(;rson employed liy a Pawnbi’okcr shall refuse to permit any such person as aloresaid to inspect any such entry (such person producing |
Penuty fov icfusini;. the duplicate relating to the articles respecting which such inspection
is required) or sliall not produce the book containing such entry or
shall in any manner offend against the provisions of the preceding
section
| 1849. | 13̂ VIC. | No. 37. | 1977 |
| Paionhrokrrs. |
section every person Sf» olTcndin" shall for evc'iy such offence forfeit
and pay on conviction any sum not exceeding ten pounds.
25. And he it enact('d That if any licensed Pawnbroker or any ricdscK nui u. h,
agent or servant employed hy any such Pawnhi’okcr shall at any Piiio
])urchase rcccnvc or take in pawn any article whatever from any [xa’son niuiur a in naity.
apparently undci’ the age of fourteen years or w'ho shall be apparently
intoxicated witli liquor or shall (in any case wliorc the value ol' the
]dodge or the amount agreed to he lent thereon docs not exceed ten
pounds) advance upon any article or article's pawned or offered in
pawn anything hut money or shall in respect of any such article! or
articles give! sell or cxcliange any goods or preeperty in lieu of or in
return fe)r money such Pawnbroker shall for every such olfenco upon
conviction forfeit and pay any sum not exceeding ten pounds.
2(i. Anel he it cnacteel That if in thei course of any proceedings Any .insiio' mny
whatsoever before! any Justice! eel the Peace (whether undeer this Act to such Justice any hook duplicate e)r emtry so reepiired or sliall pro duce the same in an altereel state and shall not shew a reasonable (!xcusc in that behalf to such Justice he shall for every such olfence forfeit and pay on conviction any snm not exceeding ten jiounds.
or otherwise') it shall a})pear to him te> he mateerial or preqee'r toWiksvnLiiiicis&i.
require tlie ])roduction hci'orc him of any hoed\ note voucher entry
memorandum license or otheu’ paper rcquircel hy this Act to 1>e! keept hy
or whiedi eeuglit to he in the! custody of any Pawnbroker it shall he
lawi'id for such Justice to summon such Pawnbroker to attenel before!
him anel proeluce the same and such Pawnbroker is hereby re'epiii-ed to
proeluce cveny such hook eluplicate note voucher emtry memioranelum
license or ehher paper before such Justice accordingly and ine-ase sue-h
| 27. And he it enacted That no licensed Pawnhrokeer shall rocoive or take in or permit or suncr to l)o received or tak(m m any | iiouvcn n |
aiiowc.i to t;iivc
gooels or chattels hy way of ])awn pledge or in exchange hefore ciglit in ricd̂ us.
of the clock in the forenoon or after nine of the clock in the evening
excepting only until eleven ol' the clock on the evenings of Satnrday
throughout the year and the evi'nings next preceding Good Friday
| and Cliristmas l)av and in case anv licensed Pawnbroker shall olh'iul | I'oi oiruui- |
| against the provisions hereof evei'y such Pawnbroker shall for every such olfence on conviction forfeit and pay any snm not exceeding ten pounds. |
28. And be it enacted That rm Pawnbroker shall in any way rawni.n.k.T not (o
exercise or carry on his trade or business as such Pawnbroker on >̂idy
Sunday Christmas Day or Good JYiday and in case any such Pawn-(Uy ciiristiiKiK ioy
broker shall olfend against this provision every such Pawnbroker w h a l l ""
for (!\a!ry such offence on conviction forfeit and ]iay any sum not
exceeding the sum of ten pounds.
29. And be it enacted That if any articles goods or chattels Justice to order
shall be st(d(!n or itnlawlully obtained from any person or being law- IhuiMo/iUv fully obtained shall be nnland'ully deposited pawned pledged sold or &c. ' exchanged and complaint shall be made thereof to any Justice of the
Peace and that such goods are in possession of any licensed Pawnbroker it shall be lawful for such Justice to issue a summons or warrant for the appearance of such licensed PaAvnhroker before any two Justices and for the production of tlu! goods and such two Justices may order such goods to be delivered uj) to the OAvner thereof cither Avithout any payment or upon payment of such sum and at such time as the said Justices shall think fit and (!very licensed PaAvnhroker Avho being so ordered shall refuse or neglect to deliver up the goods or Avho shall dispose! of or make aAvay Avith the! same: after notice that such gooels Avcrc steelcu or unlaAvfully obtaincel as aforesaid sliall feirfeiit to the owner of Ihe' gooels tlu' full value llie-reof to be eh derm ineel by (he
said
| 1978 | No. 37. | 13'̂ VIC. | 1849. |
| Tmoihrohers. |
said Justices Provided always that no such order shall bar any such licensed Pawnbroker from reeoverin" possession of such goods by suit or action at law from the ])erson into Avhose possession they may come by virtue of the order of the said Justices so that such action he <;ommenced Avithin three calendar months next after such order shall he made.
Justices to order
| delivery of "oods | 30. And be it enacted That it shall and may be lawful for any |
| pawned on payment | two Justic(!s of the Peace to order that any goods imlaAvfully pawned |
| of compensation or | |
| otherwise. | pledged or exchanged Avhieh shall be brought before them and the oAvnership of Avhich shall l)e established to the satisfaction of such Justices sliall he delivered up to the OAvner by the party AAdth AA'hom they Avcrc so unlaAvfully paAvned pledged or exchanged either without eompcusjation or Avith such eompeusation to the party in question as the said Justices may deem tit. |
| 'Persons not giving a | 31. And he it enacted That in ease any person Avho shall offer |
a?emsXe3”oiM)irer- plcdgo cxcliangc or sale any articles goods or chattels
ing to pawn goods sluill iiot bc able Ol’ sliall icfusc to give a satisfactory account of liable to punishment, Qp hei’sclf Ol' of tlic means by Avhich he or she became possessed
of such goods or chattels or shall Avilfully give any false information
| , | to the PaAvnhroker or to his or her servant or servants as to whether such articles goods or chattels are his her or their OAvn property or not or of Ills oi- licr name or place of abode or of the name and place of abode of the OAvner or owners of the said goods or chattels or if there shall bo any other reason to suspect that suelx articles goods or chattels arc stolen or otherA\dse illegally or clandestinely obtained or if any person or persons not entitled nor having any colour of title by laAV to redeem any articles goods or chattels in pledge or pawn shall attempt or endeavour to redeem the same it shall bc hiAvful for any PaAvnhroker or his servants or agents to Avhom such articles goods or chattels shall he so offered or Avith Avhom such arlieies goods or chattels are iu pledge to seize and detain such person or persons and the said articles goods or ediattels and to deliver such person or persons immediately iiAto the custody of a constable or other peace officer wlio shall and is hereby rcquii*ed as soon as may he to convey such person or persons and the said articles goods or chattels so offered before some'. Justice or Justices of the Peace near to the place AA here such person or persons may be apprehended and if such Justice or Justices shall upou examination and inquiry ha\'e cause to suspect that the said articles goods or chattels Avere stolen or illegally or clandestinely obtained or tliat the person or persons offering or endeavouring to redeem the same shall not have any pretence or colour of right to redeem the same it shall he laAAffvd for such Justice or Justices to commit such person or persons into safe custody for such reasonable time as shall he necessary for obtaining proper information on tlie subject in order to he further examined and if upon either of the said examinations it shall appear to the satisfaction of such Justice or Justices that the said articles goods or chattels Avere stolen or illegally or clandestinely obtained or that the ]ierson or persons offering or endeaA'ouring to redeem the same hath or have not any pretence or colour of right so to do the said Justice or Justices is and are hereby authorized and required to commit the party or parties offending f o any common gaol or house of correction tliere to ho dealt with accord ing to laAv Avhero the nature of the olfence shall authorize such eom- mitment hy any other laAv and Avherc the nature of the offence shall not authorize such commitment by any other laAV then such commitment sliall he for any time not exceeding three calendar months at the discretion of such Justice or Justices. |
Penalty hi any case 02. And he it enacted That in every case in Avhieh any PaAvn-
viV/for S manner broker shal ̂ in any respect offend against this Act or any provision
therein
| 1841). | 13« VIO. | No. 87. | 1979 |
| l?awnbr alters. |
therein (where no otlun’ ])cnalty in that hehalf is hy this Act specifically of pioceedint; for
| imposed) such Pawnhroker shall for every such olfence forfeit and pay | of penalties. |
| on conviction a penalty or sum not exceeding twenty pounds and all offences against this Act not otherwise provided for may be heard and determimid and evtiry forfeiture and jienalty in respect thereof he awardtal and imposed by or hefore any two J ustices or (where this Act s(j directs) hy and hefore any one Justice in a summary way in tin; manner ])rescribed hy the Act of the Governor and Legislative Council of iS'ew ISouth Wales ])assed in tlie fifth year of the reign of ll is late Majesty King AVilliam fhe Pourth intituled “ Aw A ct to | w. iv Nu. 'o. |
| snmmanj procecdiiigs bejbrc JnsUecs o f the Peace" or according to | |
| the law in force for the time being ri'gulating summary proceedings | |
| htJbi'i! Justic(!s of the I’caec and any person feeling aggrieved hy any | |
| summary judgment or comdetion under this Act may appeal therefrom | |
| in the manner pi'ovided hy the said Act or any other law in force for | |
| the time being in tliat behalf Provided always that in all cases in | |
| which any penalty or forfeiture hereby imposed is made recoverable | |
| before any Justice or J ustices of the Peace it shall and may he lawful | |
| for any Justice to whom complaint shall be made of any offence | |
| against this Act to summon the party comjdained against before him |
| or any other JListice or Justices and on such summons such Justice | ' |
| or Justices are henhy empowered to hear and determine the matter of such complaint and on proof of the offence to convict the offender and to adjudge him to pay the penalty or forfeiture incurred and to ]iroceed to recover the same although no information in writing shall have been exhibited or taken by or before such Justice or .1 ustices and all such proceedings hy summons without information shall he as good valid and (“fli'ctual to all intents and jmrposes as if an information in writing had been exhibited and in all proceedings under this Act the informer or party prosecuting shall be deemed and taken to he a competent witness. |
Jo. And he it enacti'd That any J usticc or Justices of the Pi;ace Form ..r information
| hefore whom any information shall be laid in writing against any person | î otivictioii. |
| or before whom any person shall be convicted in respect of any offence against this Act may cause the information and the conviction to be drawn up according to the forms respectively givtui in Schedule C to this it-ct annexed or any other forms to the same effect as the case may retpiirc Provided always that this enactment shall not invalidate any information or conviction laid or drawn in any other form -which may he specially suited to the case or may bc provided by law and in every information in Avriting and in CA cr}' (;onviction for an offence contrary to this Act it shall he suflicient if the offence shall he stated in the Avords thereof deedaring the olfence or attaching any penalty thereto. |
Jt. And be it enacted That no information conviction or other No cocorart allowed.
])roeccrling before or by any Justice or Justices of the Peace or on appeal tlu-rf'from for any otfeuce under this Act shall he quashed or set aside or adjudged void or insufficient for Avant of form or lie removed hy certiorari or otlicrwise into Her Majesty’s Supreme Court for the said Colony.
35. And be it enacted That all fines forfeitures and penalfrcs Appropriation of
imposed by this Act shall he paid one moiety to Her Majesty Her Heirs and Successors for the public uses of the said Colony and in the support of tlie CoA'crnmcnt thereof and shall be applied in such manner as may he from time to time directed hy any Acts of the said GoA'crnor and Legislative Council and the other moiety to the use of the informer or party prosecuting Avho shall be entitled to his or her costs and charges over and above such fines forfeitures and penalties to be ascer tained and assessed by the Justice or Justices before Avhom the case is heard.
| 1980 | No. 37. | 13̂ VIC. | 1849. |
| Paioubrokers. |
| Explanation of terms. | 3G. Anti 1)G it cnacted That the term “ article” used in this Act shall he considered to include every species of chattel and goods wliatsoevcr and throughout this Act every word and term used in the singular number or masculine gender only shall he construed equally to imply and include the plural number and females as well as males and vice versa unless there he something in the context repugnant to such construction. |
| "or‘̂constable | enacted That no action at law shall lie against |
| unless maliec bo | any Justicc of tlic Pcacc constahlc or other peace officer for or on |
| proved. | |
| account of any matter or thing whatsoever done or to he done or com manded 1)y him in the execution of his duty or office under this Act against any party or parties olfcnding or suspected to bc olfcnding against the provisions of this Act unless there he direct proof of cor ruption or malice and unless such action ho commenced within three calendar months next after the cause of action or coiujilaint shall have arisen and if any person shall he sued for any matter or thing 'wdiich he lias so done or shall have done in the execution of this Act he may plead the general issue and give the special matter in evidence. |
RIDER.
Provided always and he it enacted That nothing in this Act shall he held or construed to apply to loans or advances made on any goods chattels live stock wool bonds hills title deeds or other security by merchants hankers commission agents brokers or licensed auctioncicrs in the ordinary and bond fide course of mercantile or hanking trans actions Provided that the interest on any such loans or advances shall not exceed the rate of ten per cent, per annum.
SCHEDULES REEERRED TO.
A.
Foi‘7n o f Application for a Pawnbroker’s License.
| To the Woi'.sliipful tlie Justices of the Peace acting in and for the District of | in |
Now South Wales.
| I A. H. (slate the trade or occnpatioii) now residing at | in tlic parish |
| city town or district of | do hereby give notice that it is my intention to |
apply to the Court of Petty Sessions to bc holdcn for this district on the
| day of | next for a license to carry on the trade or business of a I’awnbrokcr |
in the house and apimrtcnauces thereunto belonging .situated at (here describe the house proposed to bc licensed specifying the situation of it the persme <f whom rented the present occupier and whether now licensedi) and which I intend to keep as a Pawnbroker’s shop.
| Given under my hand at | this | day |
| of | one thousand eight hundred and |
Fcrrm o f Householders’ Ccrtijieate to be appended to the above.
We the undersigned householders residing within the city town or district of
do hereby certify that the above A. D. is a person of good fame and reputation and fit and proper to bc licensed to carry on the trade or business of a Ir’awn- brokcr.
| Witness our hands this | day of | one thousand eight |
| hundred and | . |
One_______________________________ Two______________________________ T h r e e _________________________
| Four | _ | _ |
| Five |
B.
| 1849. | 13̂ VIC. | No. 37. | 1981 |
Fostage.
B.
New South AVales I\)lico D istrict)
| of | to wit. j |
| WllF.UEAS A. ]5. of the Police District of | has applied to us tlic Justices |
| assembled in Petty Sessions in and for such district lioldcn at | tliis | day |
of in the year of our Lord one tlujusand (dght hundred and for a license to carry on the business of a Pawnbroker in the lionse and premises now occn]>ied by him situate in street in the of in the Police District of Now wo the said Justices so assembled as afore.said having ini(uired into the character of the said A. IS. and being satisfied tliat ho is a (it person to have such license granted to him do hereby authorize and empower him to carry on the trade or business of a Pawnbrolcer in the said house and premises and not elsewhere and this license .shall continue in force for the space of twelve months from the date hereof and no longer.
| Granted by the Gourt of I’etty Sessions at | aforesaid |
| the | day of | one thousand eight |
| hundred and | . |
| (Signed) | G. 1). Ghainnan, |
llegistcred
| A. | 11. Glcrk of the llencli. |
c .
Form of Information.
New South Wales ]
| To wit. | I |
| 1!h it remembered that | of | iu the Golony of New South |
| Wales conieth on the | day of | in the year of our |
| Lord | before me {or v.‘s) J .P . one (or more) of Her Majesty’s Justiees of the |
Peace assigned to keep the peace in and for the Gity of (or Territory aa the ca.ac may be') in the Golony of New South W’ales and givoth me (or ii.T) to understand and bo informed that hath been guilty of (jicrc dearnhe the offeme).
Form of Conviction.
| He it remembered that on the | day of | in the year of |
| our Lord | is brought before me (or n.e) J.P . one (or more) of |
Her Majesty’s Justices assigned to keeji the peace in and for the Gity of
(or Territory aa the, ease may be) iu the Golony of New South Wales and is charged bi'forc
me (or no) with having- (here de.acribc the o/friicc) and it appearing to me (or a.a) that the
.said is guilty of the said offence I (or me) do therefore adjudge
| the said | (inaert the adjndieaiion'). |
Given under my (or our) hand (or hands) the day and year first above
written.
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