Pawnbrokers Act 1851 (SA)
ANNO DECIMO QUINTO
No. 16.
An Act for regulating the trade or business o f Puwnhrokers in
South Australia. [Assented to 2nd January, 1852.1
HEREAS it is necessary and expedient to regulate the
trade of Pawnbrokers in the Colony of South Australia: Preamble.
Re it therefore Enactcd, by the Lieutenant-Governor of South Australia, with the advice and consent of the Legislative Council thereof, that from and after the tenth dav of March now next ensuing it shall not be lawful for any perso& to carrv on the trade No | to |
or business of a Pawnbroker in the said Colony kthout having p awnbroker | on the business of a |
~reviouslv obtained a licence to carrv on such trade or business | * |
m manngr and form as hereinafter &-eked. |
2. And be it Enacted, That every person who shall carry on
who shall bedeemed husiucss, or shall seek his livelihood in or by advancing upon
PBwnbrOkera- interest, or for or in expectation of profit, gain, or reward, any
sum of money upon security (whether collateral or otherwise) of
m y article whatsoever, taken by such person by way of pawn,
pledge, or security, shall be deemed and taken to bc a Pawnbroker,
and shall be deemed and taken to have carried on the trade or
business of a Pawnbroker, within the intent and meaning of this
Act
Manner of obtaining
licence, | |||
*ball be p i d for same. | |||
Application to be | |||
heard in open Court. |
|
-.
Clerk of | 5. And be it Enacted, That the Clerk of' thc Bench of Niagis- trates shall keep an alphabetical record of' the names of.all persons to whom any such licence slmll be granted, and such rlnmcs shall be published in the |
Sessions to kecp | |
record of licence. | |
Manner of |
6. And be it Enacted, That in any proceeding under this |
against any person alleg~ed to be a licensed Pawnbroker, the pro- duction of the alphabetical record hereinbefore directcd to he kept shall be evidence both of the personal identity of the person therein named, and that the said person is a licensed Pawnbroker under this Act. until the contrary be shown: Provided always, that in the absence of such record other proof as to the fact of any person holding such licence may be given in any such pro- ceeding.
Pawnbroker to be | 7. | And be it Enacted, That in all proceedings under this Act |
deemed unlicensed |
eontrarr ahwn. against any person acting
id9 a pawn broke^ without a licence suchnerson shall be deerrrcd to be unlicensed, unless the liccncc autho-
L.*- * - nnlng such person to carry on such trade or business shall be produced, or other proof shall be given to the satisfaction of the Justice or Justices hearing the case of his being licei~sed under the provisions of this Act.
Pawnbrokers' names, | 8. And be it Enacted, That every person who shall hold |
to be |
their premises under | Pawnbroker's licence under this Act, shall have his name at length |
a penalty. | painted in legible characters at least two inches deep wit11 the words "Licensed Yawnbroker " constantly and permanently remaining, and plainly to he seen and read over the door of the shop or other place by him kept, or made use of for carrying on the trade or business aforesaid. |
9. And be it Enacted, That if any person not actually holdinga Pawnbroker's
pawnbroker's licence, shall keep 1113 any s i p, writing, paintina or Unlicensed persons |
other mark on or near to his house, s'ltop, or premises, which may | fined, |
inil~ly | or give re:isonablle | cause to believe tl~rrt m d r shop, lloose, or |
is or arc the bonse, sllop, or pwnli~cs | of a lie~nscd Pawu- |
broker, hc shall, for every such o f h c e, forfeit and pay | on | convic- |
tion any sum not cxcccdibg Ten Pouuds. |
10. Aod be it Enacted, Tbat no Pawnbrolrer, licensed by a~t110- | ~ o t to |
than one |
rity of this Act, ~11~11, | hy | v i ~ t u e | of w e licence, keep more than one |
house, shop, or otlwr place, but that for each Ilouse, sl~op, | or other |
$ace | which any person shall k c q for t l ~ c | purposes t1foresnjd, a |
~eparate | and distinct liceizce sliall bc taken out a i d paid for by such |
Y~wubroker.
1 I. Provided always, that persons in Partnership, and carrying Personsin partnership
on the trade or bnsiir&s of a Pawrrlwokcr in oiie house, shop, or | |
tctnenmt only, sllall uot be obliged to take out uore tllan one licence in any one year, for the carrgii~g 011 any such trade or busilless. |
12. h d | be it Enacted, That every licensed lmson taking in pawn | Articles pledged to |
any article or articles wl:atsocver, wlier~on | sllnll be lent any surn of | under a penalty, |
nloney, shd1 forthwith (bcf'ore ndvmcing ally lnoney tllwcon) cause
to br entered in a h i r a i d legil-rle Innliner, in some book kept for that) purpose, a reasonable and sufficient description of every wrch
article, and the sum of money in the whole advanced thereon, with the rate of interest to be charged on tlie sanw by the week or month (as the case m y
h), and the true date a t which, and the name of the party by or for wlioinall such articles are pawned, and his orher place of rcsiclence, according to the stxteinerlt of the person so pawning, into wliich last-mentioned circumstances the Pawnbroker
is hereby enjoined to enquire of the party so pawning before m y
rnouey shall be lent or advanced to him or her.
pledges. | |
SO taken in pawn sllall be three months, at the expiration of | |
which period (or the expiration of any such longcr period as |
14. And be it Enacted, That all articles forfeited, on which, in
Mode ofasle.
the whole, any sum above five shillirzgs shallhave been lent, s h d
be be sold by public auction, and not otherwise; and a notice of every such sale, containing a cataloque of all such articles, aud the time when thc same were respecti&ly taken in pawn, s l d l be twice in- serted in some public newspaper, published in the said Province, four days at least before tllc proposed day of sale, upon pain of forfeiting to thc owncr of any articles sold contrary to the pro- visions of this section,
n sun1 not exceeding Twenty Pounds, to be paid by the Pawnbroker, in any sucli case offeiding; and to be recovered by such owner from such Yaw~hroker by action of debt in any Court of competent jurisdiction; and no purchase or pre- tended purchase by any Pawnbroker, or pcrson on his behalf, of any articles pawned with him shall be lawful, or, if made, shall be valid against the owner in any case; and, until such sale, it &all be lawf11.1 for the owner of any article pledged to redeem tha same, upon payment of the amount advanced anti interest thereon, at the rate originally agreed, with the expenses, if any, to the date of such payment.Entrics to be num-
bered, and duplicate | 15. And be it Enacted, That every such entry as aforesaid shall received by any ~rtwnhroGer a ~ e; the eorni~cncernent of tlhs | ||
given. |
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| |||
Holders of | |||
to be dcerned owners | 16, And be it Enacted, That cvery person who shall at any time produce ally such duplicate as aforesaid to the Pawbroker who |
pawned. |
gave the same, and shall require delivel-y of the articles therein specified, representing himself to be the owner, or to be authorised by tllc owner thereof, shall be deemed to be such owner, or to be so authoriscd, and shnll be elltitled to redeem such article?
RC- cordiilgly, unless such Yawnbrolrer sllall previously have hp5 notice from the real owner, that such duplicate Ilath been lost by him, or fraudulently taken or obtained from him, or s l d l have been irlformed by some credible person that sucli articles have been stolen: Pro- vided always, that in every case where the Pawnbroker shall re- fuse to deliver the articles to the party producing such duplicate, he shall give iniiucdiate information of such r e f i d, and of the particular grounds thereof', to a Justice of the Peace, or to some con-stable
stable, together with a description of the person of such party, or (if known to the Pawnbroker) such party's name and place of residence.
17. And be it Enacted, That in case any Pawnbroker's duplicate When duplicate is
should be lost or lnislaicl by, or fraudulently taken or obtained obtained. | lost, a copy |
fkoui the owner tliercot; and the articles mentioned therein shall re- main unrecleen~ed, the Yanmbroker who gave such duplicate shall, |
18. And be it Enacted, ? l~at | every Pawnbroker shall, from time Entry | ull articles | to be | sold. | made of |
to time, enter iu a book, to be kept by him f'or that purpose, a true
and just account of the sale or disposition of every article wliich
s l d l have been pawned, and shall be sold, or otherwise disposed
of by him, speci[ying the date when such article was pledged, and
the 'truc iilmbcr of the entry then made thereof; aud the name of the person who pledged the same, nrld the clay when, ancl the amount for wl~ ic l~ every such article was sold; and in case any such article shnll have 'been sold fbr more tlmn the full amount of
the principal money and interest tl~ereoa, which was clue at the
time of' such sale, then the overplus (deductin? the necessary uhnrgrs of each s a k ) s l d l, if claimed within ttn:flre months next after such sale, be paid upon demmd to the person by or for whom such article was pawned, ur his agent or assigns, br (in case of death) to his executor or administrator.
19. And be it Enacted, That every person by or for whom any
Eve7 suchen tv may
such mticle as last aforesaid shall 'bave been pawned, sllall Le | be inspected |
permitted to inspcet the entry of such s d e tllereof. |
20. And be it Enacted, That it shall be lawful for any Justice Any Justice may | compel a Pawnbroker |
of the Peace to requirc the production befbre him of ;ny | book, ,, produce books, |
note, voucher, entry, memorandum, licence, or other paper, by t h i ~ | vauchera,&c., m l d ~ a |
Act directed to be kept by, or which ought to be in the custodv of
21. And be it Enacted, That no licensed Pawnbroker shall re- Hours between which
ceive or take in, or permit or suffer to be received or taken in, any l | Pawnbrokers arc al- |
articles by way of pawn, pledge, or in exchange before eight of the pledges
clock in the forenoon, or after nine of the clock in the evening,
excepting only until eleven of the clock on the evenings of Sa-
turday throughout the year, and the eve~lings next preceding Good
Friday and Christmas Day.
exercise or carry on his trade or business as such Pawnbroker on | |
any Sunday, Christmas Day, or Good Friday. |
livery of goods frau-
dulently pawned, &C. sold, or exchaiiged, and complaint shdl be made thereof to any Justice of the Peace, and that ssuh goods are in the possession
of any licensed Pawnbroker, it shall be lawful for such Justice to issue a summons or warrant for the appearance of such licensed Pawnbroker before any two Justices, and for the production of the goods; and such two Justices may ordcr such goods to be delivered up to the owner thereof', either without any pavment, or upon paymentof such sum, and at such time as the sdd Justices shall think fit; and every licensed Pawnbroker, who, hcinf; so ordered, shall refuse or neglect to deliver up the goods, or who shall dispose of, or make away with the same, after notice thatsuch goods were stolen, or unlawfully obtained as aforesaid, shall pay to the owner of the goods the full value thereof, to bc determined by the said Justices: Provided always, that no such order shall bar any such licensed Pawubroker from recovering possession of such goods, by suit or action at law, from the person into whose possession they may come by virtue of the order of the said Justices, so that such action be commenced within threecalel~dar months next after such order shall be made.
b |
selves on offering to y way of pawn, pledge, exchange, or sale, any articles, to any
came of such article? dr shall wilfully gi;e m y false ill- formation as to whether such articles are his own property or not, or of his name or place of abode, or of the name and place of abode
of the owner or owners of the said articles; or if there should be any reason to suspect that such articles are stolen or unlawfdly | obtained, or if any person not 'entitled, nor having ally color of title |
by law to redeem any articles iu. pledge or pawn, shall attempt to redeem the same, it shall be lawful for any Pawnbroker? or his ser- vant, to whom such articles shall be so odered, or with whom such |
articles are in pledge, to seize and detain such person and the said | ||
articles, and to deliver such person immediately into custody of a constable or other peace officer, who shall, as soon as may be, con- | ||
vey such person, and the said articles so offered, before some Justice | ||
of the Peace near to the place where such person may be apprehen- ded; and if such Justice shall, upon examination, have cause to sus- pect that the said articles were stolen or unlawfully obtained, or | ||
of right to redeem the same, it s h d be lawful for such Justice to | ||
commit such person into safe custody, for such reasonable time as | ||
in
in order to be furtller examined; and if it shall be made to appear
to the satisfiction of any two Justices of the Pcecc that the said ar-
ticles werc stole11 or unlawfully obtained, or that the person at- tempting to redeem the same ll:\th not any color of right so to do, t11e said Justices shall cormnit the person so offending to any eomnion gaol, tlrcrc to be dealt wit11 according to la,w, where the nature of the offence shall mthorise such coinrnitnlent by any otlier law;
25. And be it Enacted, That if any person shall forge, counter-
Offences agninat thisfeit, or alter or procure to be forged, counterfeited, or altered,
k,";pgingenJ
any licence |
pledge, exchange, or otherwise dispose of any article belouging to
owner: any other person without the coriseut or authority of tlie owner,
and with a fraudulent intent to deprive the owner (wlletller wholly
or temporarily) of tlie use of such article, or shall forge, counterfeit, or alter. or cause to be forred, counterfeited. or altered. anv Pawn- | .i |
broker's duplicate, or shall knowingly utter, 'sell, or dispose of u r y ~ | ~ | ~ | ~ | ~ | ~ | & | ~ | ~ | ~ | ' | ~ | ~ | : |
forged, counterfeited, or altered duldicate, or shall steal or ualxw- frilly take any duplicate with irltent to defraud the owner tlwcof of &y article named therein, every such person shdl be deemed guilty of a misdcmeanor, and shall suffer punishment b y fine or |
imprisonment, with or without hard labor, fbr any period not ex- | |
ceediug two years, or both, as the Court may determine. |
26. And be it Enacted, That if any person who shall hold a
Licensed Derson not
licence under this Act, shall not have | painted |
and maintained as hcrcinbefore provided, or s21sll not upon
demand produce his licence to i n y ~udtice of the Peace ' | or |
Police-constable, without some reasonable excuse in that bchalf,
cence:
or shdl fail to keep such books as hereinbefore provided, and to NO^ |
insert therein the description of every article pawned, or to give a
$ & ~ ~ ~ ~ % t O ~ n + duplicate of such entry, or to enter therein particulars of the sale
spcction:
of' any article, or shaH rcfuse to permit the ibpection of any such | - |
last-mentioned entry, or to procluce thc book containirln the same
as hereinbefore pro%ded, o; shall purchase or take in '$ledge any
Purchasing articles
article from a person appal ently under | the | agc | of | fourteen | years, |
or apparently intoxicated, or shall when the sum agreed to be
advanced upon any pledge is under Ten Pounds, make any part of
such advance in anything but money, or sell or exc21ange any article
for any part of the money a p e d to be advanced upon snch pledge, or | |
shall without reasonable and 1.2wfd excuse refuse or neglect to attend | |
upon any summons by a Justice of the Peace, and produce any books, documents, or papers mentioned in such summons. or shall |
take in pledge a n i a&& | excepting within the hours hekinbefore or |
specified, |
D%
Day, or Good Friday, every such person, or ally sewant or agent of such person, offmding in any of the above p&ticnla~-s, slmll, for each and every such oRence, upon conviction thereof, forfeit and
Fine, | pay any |
Person not licensed | |
acting asPawnbroker: | 27. Aiid be it Enacted, That if any person sllull, witllout having obtained such licence as af'oresaiii, carry on the business of a Pawn- |
Or being licensed, | broker; or havins obtaisied such lice;ice, slrall sell, or otherwise |
,id, | ,efm | dispose of any art~cle pled~ed | with him before tlic period of for- |
forfeiture: | feiture of the sarrre; or 11:tving obtainrtl a licence as aforesaid, shall |
matter not specifically | in any other resp&t oEend Ligainst this Act (where no ' othw |
punished: | penalty is by this |
Penalty on person | |
lending licence. | 28. And be it Enacted, That if any persou having ohtained any liceilce as afbreaaid, shall lend the same to any other person for the purlme of carryinq on sudl busilleris as aforesaid, under color thereof, he shall fhlfeit and pay on conviction for every such offence any sum not exceedii~g Twenty-five Pounds; and on conviction it shall be lawful for. the Justice or Justices so coiivi;icting, to declare his said licerice void, |
Manner of proceeding |
for recovery of penal- | 29. And be it Eilacted, Tliat all offr'ences against this Act not |
ties. | otl~erwise provided for, may he heard and dctern~ined, and every forfeiture and peualty ill respect thereof be awarded and imposed by or before m y two or mow Justices, or ( w h e ~ v tkis | |
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always, that, in all proceedings untier this Act, the iufbrnrer | ||
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*ppropriation | and penalties. | 30. And be it Enacted, That all fines, forfeitures, and penaltics inlposcd by this Act s h l l he paid, one moiety to Her Majesty, her heirs and suc~essors, for the public uses of the said Province, and the other moiety to the use of the informer, or party prosecuting, who &all be entitled to his costs and charges over and above such fines, forfeitures, and penalties, to be ascertained ancl assessed by the Justice bcfore whom the case is heard. |
Explanation of tema |
and
females as well as males, and
to |
" |
vances, &C., by
mm-
Act shall be held or construed to apply to loans or advances | bdera, |
made on any goods, chattels, live stock, wool, bonds, bills, title deeds, or other security, by merchants, bankers, cornmission agents, brokers, or licensed auctioneers, in the ordinary |
33. And be it Enacted, That thisAct shall come into operation commencement.
on the first day of January next.
JOHN MORPHETT, Speaker.
d a y of December, Oone Thousand Eight
WM. B. GILBERT,Pro Clerk of Council.
In the name and on the behalf of Her Majesty I assent to this
H. E. F.
YOUNG, Lieutenant-Governor.
Government House, Adelaide,
2nd January,
1852. SCHEDULES REFERRED TO.
A,
To the Worshipful the Justices of the Pcace acting in and for the
(District of Adelaide) in the Province of Soutli Australia.
I, A.B.,
(state the trade or occupation), now residing at
or district of |
, do hereby give notice that it is my intention
to apply to the Bench of Magistrates, to be holden (fbr this
district), on thc | day of |
next, for a licence to carry on the trade or business of a Pawn- broker, iu the house and appurtennnccs thereunto belonqina, situated at (here describe the i h s e proposed to be licensed, specifying the situation of it, the person of whom rented, the present occupier, and whether now licensed), and which
1 intend to keep as a Pawnbroker's shop.
Given under my hand at | this |
day of | one thousand eight hundred and |
firm of Householders' Certzj(;cate to be appended to the above.
WE, the undersigned, householders within the | , do hereby certify that the above A. B. |
is a person of good fame and reputation, and fit and proper to be
licensed to carry on the trade or business of a Pawnbroker.
Witness our hands this | day of |
one thousand eight hundred and
One
Two
Thee
Four
Five
South Australia
of | ) to wit. |
WHEREAS | A.B., of the | district of |
> has applied to us, the Justices assembled in
Quarterly Meeting holden at | , this |
day of | , in the year of our Lord one |
thousand eight hundred and fifty-, for a licence to carry on the business of a Pawnbroker in the house and premises rlow
occupied by him, situate in | street, ill the |
of: Now, we the said Justices so RS-
sernbled as aforesaid, having inquired into the character of the said
Granted by the Beach of Magistrates, at | aforesaid |
the | day of | , one tlloussrd eight |
hundred and |
( Signed) | C. D. | Chairman. |
Registered
Clerk of the Bench.
C,
I, A.B., of | , do hereby solemnly and |
sincerely declare that I am justly and truly entitled to (here state | the particulars of the goods referred to in the lost or missing du- | plicate), and that the same was (or were) pledged by me with C.D., |
(Pawnbroker), on the day of last, as a security for the sum of, then advanced to me, and is (or arc) still un- redeemed; and that I have not sold, or otherwise disposed of, the duplicate of such property, or of |
A B.
Declared before me this | day |
of | , one thousand eight |
hundred arid |
E.F., Justice of the Peace.
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