431 
PAWN-BROKER. 
fee of tlie metropolis, there was fcarcely one a few years 
ago, and now the number does not exceed a dozen. 
Therefore the number is not one half in proportion to 
the population of the two different places, which indicates 
fewer neceflitous people by a half in Edinburgh ; arguing, 
either that the inhabitants are more induftrious and more 
esfily maintained,orlefsexpofed to Ioffes and fluftuations. 
But the temptations held out to thofe who, in this 
manner, obtain pofl'effion of the property of others to 
fuch an amount, and with fo little reference to its value, 
combined with the natural propenfity of mankind to 
take advantage of the neceflities of their neighbours, long 
ago rendered legiflative interference neceffary in regulat¬ 
ing the duties and interefts of pawnbrokers. Befides, it 
was of great confequence to check the facilities with which 
ftolen goods might be pledged with, and fold by, them. 
Omitting, however,, the older enactments on thefe 
branches, we fliall limit ourfelves to thofe of more recent 
date. 
In the firft place, it is provided by the ftamp-afts, that 
every pawn-broker is to take out a licenfe on a 10I. ftamp, 
to be annually renewed 5 and a feparate licenfe for deal¬ 
ing in plate. 
The principal ftatute relating to pawn-brokers, thus 
licenfed, is the 39, 40, Geo. III. c. 99. by which the fol¬ 
lowing rates of profit are allowed, while regulations are 
made to prevent opprefiion. For every pledge upon 
which there fhall have been lent not exceeding 2s. 6d. 
one halfpenny is allowed as intereft, See. for any time 
during which the faid pledge fhall remain in pawn not 
exceeding one calendar month ; and the fame for every 
month afterwards. For 5s. one penny; 7s. 6d. one 
penny halfpenny; 10s. two-pence; 12s. 6d. two-pence 
halfpenny; 15s. threepence; 17s. 6d. three-pence half¬ 
penny; il. four-pence; and fo on progreflively and in 
proportion for any fum not exceeding 40s. and for any 
intermediate fum between 2s. 6d. and 40s. at the rate of 
four-pence for 20s. And for every fum exceeding 40s. 
and not exceeding 42s. eight-pence ; and for every fum 
exceeding 42s. and not exceeding 10I. at the rate of 
three-pence, and no more, for the loan of every 20s. of 
fuch money lent by the calendar month; and fo in 
proportion for any fractional fum. § 1—3. Now thefe 
fums, though apparently inconfiderable, are in faft high 
per centages, and far furpaffing the legal rate of intereft; 
being 20 per cent, when the fum lent does not exceed 
40s. and 15 per cent, when it does. 
Entries to be made and duplicates given. § 6, 7. Any 
perfon fraudulently pawning the goods of another, and 
convicted before a jultice, fhall forfeit from 5I. to 20s. 
and alfo the value of the goods pawned, See. to be afeer- 
tained by the jultice ; and, on failure of payment, may be 
committed to the houfe of correction, for not mere than 
three months, and be publicly whipped; the forfeitures, 
when paid, to be applied towards making fatisfaClion to 
the party injured, and defraying the colts : the overplus, 
if any, to the poor of the parilli. §8. Any perfon, coun¬ 
terfeiting or altering a duplicate, may be leized and taken 
before a juftice ; who is to commit the party to the houfe 
of correction, for not more than three months, nor lei's 
than one. § 9. 
If any perfon fhall offer to pawn any goods, refufing 
to give a fatisfaCtory account of himfelf and the goods; 
or if there lhall be reafon to fufpeCt that fuch goods are 
ftolen ; or if any perfon, not entitled, fliall attempt to re¬ 
deem goods pawned ; they may be taken before a juftice, 
who fliall commit them for further examination ; and, if 
it appears that the goods were ftolen, or illegally obtained, 
or that the perfon offering to redeem the fame has no 
title or pretence to them ; the juftice is to commit him to 
be dealt with according to law, where the nature of the 
offence fliall authorize fuch commitment by any other 
law; or otherwife, for not more than three months. 
§ I0 * 
Perfons buying or taking in pledge unfinillied goods, 
VMu Xix. No. 1314. 
or any linen, See. entrufted to be wallied, fliall forfeit 
double the fum lent, and reftore the goods. §11. A 
juftice may grant a fearch-warrant; in executing which, 
a peace-officer may break open doors, and the goods, it 
found, fliall be reltored to the owner. § 12, 13. 
Pawn-brokers, refufing to deliver up goods pledged 
within one year, on tender of the money lent, and inte- 
reft, on conviction, a juftice is empowered to commit the 
offender till the goods be delivered up, or reafonable fa- 
tisfaCtion made. § 14. 
Perfons producing duplicates, are to be deemed owners, 
unlefs on notice to the contrary from the real owner. 
§ 15. Duplicates being loft, the owners, on oath before 
a juftice, fliall be entitled to another from the pawn¬ 
broker. § 16. 
By § 17. it is declared, that all goods and chattels 
which are pawned or pledged, fliall be deemed to be for¬ 
feited, and may be fold, at the expiration of a year from 
the date of pawning. But the pledger is, to a certain 
degree, protected by another claufe, prohibiting pawn¬ 
brokers from purchafing goods in their own cuftody. If 
any fum above' ten fliillings, and not exceeding ten 
pounds, has been lent, the goods fliall be fold by public 
auCtion after expiration of the year, under ftriCt regula¬ 
tions in refpeCt to previous advertifement, and publica¬ 
tion of catalogues, fpecifying, in addition to their de- 
feription, the month in which they were pledged, as alfo 
the name and place of abode of the pawnbroker. But it 
is provided that pictures, prints, books, bronzes, ftatues, 
buffs, carvings in ivory and marble, cameos, intaglios, 
mufical, mathematical, and philofophical,inftruments, and 
china, fliall be fold only at four times in the year; name¬ 
ly, the firft Monday of January, April, July, and OCtober, 
and on the following day if the number of articles render 
it neceffary. Thus the pledger may redeem his goods at 
any time within a year, on payment of the ftatutory pro¬ 
fits on the money lent; but, on his failure, they may be 
fold. Should he give notice to the pawn-broker before 
the year clofes, of his intention to redeem, the fale muff: 
be poftponed until three months fubfequent to its termi¬ 
nation. When the fale has aCiually taken place, the 
pawn-broker is entitled to appropriate only fo much of 
the price received as fliall cover his own advances, the 
ftatutory profits, and cofts, and muff pay the refidue to 
the owner on demand, within three years, under high 
penalties in event of refufal. 
It was decided on Jan. 23, 1822. II.T. in the court of 
King’s Bench, that in the event of an article pawned not 
being redeemed within twelve months and a day, the 
pawm-broker is bound to account, if called upon by the 
owner, for the difference in its produce, dedufting only 
the fum advanced, the intereft, and expenfes ; and that, 
if not actually fold, it may he redeemed after the time men¬ 
tioned. Carter v. Smith. 
Pawn-brokers fliall not purchafe goods whilft in their 
cuftody, or fuffer them to be redeemed for that purpofe ; 
nor lend money to any perfon appearing to be under 
twelve years of age, or intoxicated, or purchafe duplicates 
of other pawnbrokers, or buy any goods before eight in 
the forenoon, and after feven in the evening; nor receive 
any goods in pawn before eight in the forenoon, or after 
eight at night, between Michaelmas and Lady-day; and 
before feven o’clock in the forenoon, and after nine at 
night, during the remainder of the year; except till 
eleven o’clock on the evenings of Saturday, and that 
preceding Good Friday and Chriftmas-day ; nor carry on 
the trade on any Sunday, Good Friday, or Chriftmas- 
day, or any faft or thankfgiving day. § 20. 
Pawn-brokers are to place in their fliops a table of rates 
allowed by this aft. § 21. Pawn-broker’s chriftian and 
fir name, and bufinefs, to be written over the door; under 
a penalty of iol. half to the informer, and half to the 
poor. § 23. 
Pawn-brokers having fold goods illegally, or having 
embezzled or injured goods, j offices may award reafonable 
5 S fatisfaftion 
