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The Pamphlet Collection of Sir Robert Stout: Volume 47

Pawnbrokers

Pawnbrokers.

Doing business as a pawnbroker or lending on pawn without license is punishable by $200 fine, keeping open more page 100 than one shop under a license $50 per week. A person licensed must have a sign with the word "pawnbroker" outside and a tariff publicly posted inside his shop. Penalty for neglect $40. He must keep a register of his transactions entering among other things the name and residence of each pawner, and whet her he be owner, tenant or boarder, with (in the two latter cases) the name of the owner of the house. A monthly book is also to be kept with a description of each article, against which a number is placed; and the pawner receives a ticket with the same description and number, with his own description also as above. Unless the pawner take such ticket the broker may not keep the pawn. For the ticket, if the sum loaned be over $1, the broker receives 1 to 7 cts. according to the amount. Nothing may be charged for storage and care. Articles can only be reclaimed on producing the ticket, unless notice has been given only to deliver to the pawner personally, alter which he can procure a copy upon making affidavit of the loss or abstraction of the ticket, and claim on that. But a person claiming as proprietor, not the pawner, may even after notice to the broker as above, go before a J. P. and establish his right to the property pawned, which shall then be delivered according to the order of such J. P. A duplicate of the original ticket must be attached to the article, and the profit made entered upon both when it is redeemed,—one of such duplicates being kept by the broker, for 1 yr. Except, as above, the person producing the ticket is to be held proprietor of the article pawned; and it this be done and the return of the loan and payment of profit be tendered within the year, or on production of affidavit as above, the broker must deliver up the thing pawned. If he fail to do so he may he summoned before 2 J. P. and if, after hearing the case, they order delivery, and he still neglects or refuses, he may be imprisoned till he makes delivery or pays the value. All such proceedings are without costs; but if the broker furnish the form of affidavit with copy of the ticket, which he is bound to do, he receives 2 cts. to 5 cts. according to amount. He sells by auction all goods not redeemed within the year. Notice must be given for 3 days in a local newspaper describing the articles with Nos., &c., and leaving them open to public inspection meantime. But till sold the articles may be redeemed,—a fair share of advertising the lot being paid. If any article sold is not described in the catalogue, the pawner may recover $8 to 40 damages. A book of sales must be kept which pawners may inspect. The broker must pay over surplus proceeds of sales to the pawners, in the proportion of the amount brought by the article to the total net amount realized by the sale, if demand be made in 3 yrs. For breach of these regulations the broker forfeits $40 and twice the cost of the article, recoverable before 2.J. P. He may not buy anything pawned to him except at auction, nor buy or take in pawn a ticket issued by another broker, nor receive articles in pawn from a person under 15 yrs. old, or who is intoxicated, nor receive things in pawn on Sundays or holidays or before 8 A. M. or after 8 P. M., except on Saturdays, Christmas-Eve or the Eve of Good Friday, when his shop may be open till 10 P. M. He must produce all necessary books and documents before J. P. when required, and must allow then Inspector to inspect them during business hours. For pawning another person's property the pawner is liable to arrest and line and forfeiture of the value of the article. Any one receiving in pawn from a journeyman mechanic, articles upon which he is employed, or from proprietors of scouring and dyeing works, goods entrusted to them for cleaning, dyeing or] repair, he forfeits the sum lent thereon and must restore them to the owner; and on affidavit of the claimant a search warrant may issue to find such goods, and the officer make forcible entry if necessary for the search. If found, they are seized and returned to the owner. For offences against the Act for which no other penalty is provided a fine of $10 to $50 may be imposed.