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REVISED STATUTES—TITLE III, CHAPTER 17.
OF PAWN BROKERS. Section.
Section. 1 Pawn Brokers bow licensed, and 7 Pawned goods, how and when re. what to pay.
deemed. Surplus, and forfei. 2 What recognizance required. Pe t ures.
nalty for acting without license. 8 Sale of pawns; accounts, pro. 3 Who deemed Pawn Brokers,times ceeds, and penalty.
when pawns may be taken, and 9 Redemption of pawned goods,
10 Who deemed owner of pawn, &c. 4 Rates of charges by.
11 Loss of evidence provided for. 5 Table of, to be exhibited.
12 This Chapter not to interferewith 6 Book of particulars about pawn, privileges of Saint John.
how kept, and when open.
1. The Sessions shall appoint lawn Brokers in their res. portive Counti-s, and shall receive for each license the sum oft n pounds for one year for the use of the County
2. The Pawn Brokershali enterinto recognizancewith two good suretis to the Queen, in the penal sum of one hundred pounds,conditioned to observe the provisions ofthis Chapter, and such regu ations as the Sessions may make, and any p-sson activg as a Pawn Broker without license, shall be liable to the pinalıy of tön pounds for each offence.
3. A person receiving by way of pledge any goods for the repayment of money li-nt, shall be deemed a Pawn Broker. No Pawn Brokershall between sunset and sunrise take goods in pledge from any person, nor from a minor knowing him to be so, or an intoxicated person, at any time; any Pawn Broker within one year from the pawning,and whilst carrying on his business in any shop or store, shall place over the outside door thereof a sign, upon which shall be painted or printed in large and legible characters his name, and underneath, the words “ Pawn Broker”; for every week such sign is not there he shall forfeit two pounds.
4. Lawn Brokers may take the following rates of profit till the pawn be redeemed, viz :
A pledge whereon a sum not exceeding two shillings and six pence is lent for one month, one half penny;
If five shillings, one penny;
Ifserenteen shillings and six pence, three pence hall penny; If twenty shillings, four pence ; And in that proportion for erery sum not exceeding forty shillings; if exceeding forty shillings and not ten pounds, three pence for every twenty shillings by the month; and so on in the same proportion for any fractional sum ; the abore rates shall include all charges, but there shall be po fractional part of a month.
5. Every Pawn Broker shall exhibit in some conspicuous part of his shop or place of business a printed or written table of the above rates of charges.
6. He shall also keep a book on which shall be entered at the time of each loan a description of the goods pawned and when, the sum lent thereon, the name and residence of the pawner, at the same time shall deliver to the pawnera duplicate of the entry which shall be produced to the Pawn Broker before he shall be obliged to restore the pawn except as hereafter provided : The book so kept shall at all reasonable times within business hours be open to the inspection of any Justice, and shall be produced by him, if required, under the penalty of forty shillings for each offence.
7. Pawned goods not redeemed within one year may be sold at public auction after ten days notice of the time and place of sale, with a description of them published in a newspaper or posted up in the Pawn Office and two other public places in the town where the sale is to take place ; if any surplus remain after deducting the loan, interest, expense of advertising and selling, it shail be paid to the person entitled thereto, and for every offence against this Section the Pawn Broker shall forfeit fire pounds.
8. Every Pawn Broker shall enter in a book an account of the sale of such goods, the time and place thereof, when pledged, the name of the pawner, the name of the auctioneer, the proceeds of sale, and the expenses, which book may be inspected by the pawner, or his personal representatires, at any time; the Pawn Broker shall also pay orer the net proceeds of sale to the pawner when demanded. For a breach by the Pawn Broker of any of the duties imposed upon him by this Section he shall forfeit fire pounds. 19. Goods pawned may be redeemed at any time within one year from the pawning thereof. If the Pawn Broker refuse
to return the pledge after tender of principal and interest due thereon, he shall upon conviction thereof before a Justice, be committed until he re-deliver the pledge or make satisfaction for the value.
10. The person producing the duplicate entry shall be deemed the owner, and the Pawn Broker shall be indemnified if he deliver the goods to the holder of such duplicate, unless the same be lost, mislaid, or fradulently obtained.
11. If the duplicate entry be lost, mislaid, or obtained as aforesaid, and on oath before a Justice he shall so certify, the pawner shall then be entitled to redeem the goods upon leaving with the lawn Broker copies of the duplicate entry and the oath.
12. The Mayor, Alderman and Commonalty of the City of Saint John may grant licences to Pawn Brokers in the City as they have hitherto done, and shall have the same power to grant licences as Justices in Session; and such Pawn Brokers shall be subject to the provisions of this Chapter. All license money and penalties arising in the City shall be paid to the said Corporation.
REIVSED STATUTES—TITLE XXXIV, CHAPTER 133. OF TRESPASSES ON LANDS, PRIVATE PROPERTY,
AND LUMBER. Section.
Section. | What trespass a misdemeanor ; 6 Right of lessee, &c., under Crown. punishment.
7 Who liable for damage to lands 2 How property to be laid in indict. for removal of lumber, and to ment.
what laws. 3 What other trespass made a mis 8 For what party liable notwith. demeanor ; punishment.
standing conviction. 4 What shall be evidence of guilt. 9 When and where owner may enter Exception.
how, and what for. Penalty for 5 Property, how and for whose be preventing. nefit kept, &r.
10 Civil remedies not affected. 1. Whoever shall wilfully cutand carry avay,or cause the same to be done, or being cut shall carry or cause to be car: ried away off any lands any lumber, shall be guilty of a misdemeanor, and shall on conviction be imprisoned in the com. mon gaol not exceeding one year, or fined not exceeding fifty pounds, at the discretion of the Court.
2. If saob offence be coiomitted on upgranted lands, the
property so cut or carried away shall be laid in the indictment to be in the Queen ;if upon granted lands, in the owner thereof; and if upon land held under lease or license from the Crown, in the lessee or licensee.
3. If any person shall by himself or another fraudulently and wilfully take, carry away, convert to his own use, or possess himself of any lumber the property of another lying or being in or near any river, pond, bay, or inlet, or the bank or shore thereof, without the consent of the owner or person in lawful charge thereof, whether the owner be known or not, or injure, cut up or destroy any such lumber, or wantonly or maliciously cut away or cast adrift any boom for preserving the same, or any raft of lumber, or hew out, obliterate or deface the mark by which the same may have been distinguished, he shall for every such offence be guilty of a misdemeanor, and on conviction be imprisoned therefor in the common gaol or Provincial Penitentiary for a term not exceeding two years.
4. In every prosecution under the preceding Section, when it shall be proved that any such lumber was found in the possession of the defendant without the consent of the owner, with the marks thereof, or any of them, cut out, altered, obliterated, or defaced, or the said lumber shall be found partly sawed,manufactured, or destroyed, it shall be evidence of his guilt, and the burthen of proof shall be upon him to discharge himself; but no person shall be deemed to be in possession of any lumber only from the fact of the same being found upon lands in his possession, and carried there by force or action of the water.
5. In anyprosecution under this Chapter,the Justice taking the complaint may by warrant direct any constable of the Parish where the property may be, to take and keep the same for the benefit of the owner; and upon conviction of the offender, or his wilfully avoiding arrest, or after trial without conviction, if the Justice shall be satisfied upon sufficient evidence that the ownership of such lumber is in the claimant, or any person not being the defendant, he shall order the same to be delivered up to the owner thereof, or his agent, on payment of reasonable charges for keeping the same; and on failure of such evidence, he shall direct a redelivery to the person from whom the property may have
been taken, on his paying the like charges; but no adjudi. cation und-r this Sectiou shall be evidence in any Court of the right of property in any such lumber.
6. Where any lumber shall have been cut or carried away from any lands held under lease or license from the Crown, the lessee or licensee shall be deemed to be the owner of such lumber, with all the rights incident thereto.
7. When any damage shall be sustained to the intervale lands adjoining the River Saint John by the remoral of lumber carried upon the same by the water, the owner or agent of such lumber shall be liable for such damage to the owner or occupier of such lands, and may be prosecuted for the same in any Court of competent jurisdiction.
8. Notwithstanding any conviction had under this Chap ter, any person guilty of either of the offences therein described, shall be liable to the owner of any such lumber, raft or boom, respecting which the offence shall have been committed, in an action for double the value of the pro perty taken or injured.
9. The owner of any such lumber may at any reasonable time, by himself or his agent, enter in a peaceable manner upon any mill, mill pond, brow, boom,or raft of lumber, in search of any such property he may have lost; any person wilfully preventing such search, shall for each offence forfeit not more than ten, nor less than five pounds, to be paid to the person by whom or on whose account such entry may have been claimed.
10. Nothing in this Chapter shall affect the civil remedy of any parties injured by any such trespasses.
See Acts of Canada 32nd and 33rd Victoria, Chapter 21, ss. 21, 22, and 23;
and Chapter 36, s. 1, and Schedule A.
18th VICTORIA-CHAPTER 26.
An Act relating to Trespasses on lands and lumber. Section.
Section. 1 Offences, before whom triable; 2 Jurisdiction of other Courts not penalty; recovery ; ownership. affected.
Pussed 12th April 1855. Be it enacted, &c.—1. Any person who shall commit any offence under the first second and third Sections of Chapter