Page 111 - index
P. 111
PI
108 MUNICIPAL LAW.
together with the lawful profit, and the pawnbroker refuses to deliver
the goods, lij may be brought before a Justice of the Peace for examina-
tion and if the tender of the money and note is proved to have been
made within one year and the lender still refuses to accept the same, the
Justice may order the goods forthwith to be delivered uj) to the borrower,
and if the lender refuses or neglects to deliver the same or make satisfac-
tion for them, the Justice shall commit him to gaol until he delivers up
the goods according to the order or makes satisfaction for the value of
them.
IS Where goods have been lost, damaged, embezzled, or sold btjfore the
time, the Justice may fix the amount of satisfaction to the owner.
19. No fee shall be taken by a justice for a summons relating to
goods pawned.
The penalties recovered belong to the municipality.
20. No pawnbroker is liable to a prosecution before a Justice under
this Act uide.ss information is given within twelve months after ottence
was committed.
No person who has been convicted of fraud or felony shall prosecute
or inform against a person under this Act.
An appeal may be taken from the judgment of the Justice to the
(Jourt of General Sessions.
5'i4. When Goods may be Sold. All pawned goods are deemed to
be forfeited and may be .sold at the expiration of one year, exclusive of
the day on which tliey were pawned.
When the sum lent exceeds S2 the goods nuist be .sold by public
auction. 'J'he goods nuist, before such public sale, be exposed to public
view, and a catalogue publisheil giving a description of the goods separ-
ately, the uionth when received, and number of the pledge, and a notice
of the intended sale nuist l>e inserted twice in a public newspaper.
In case the goods are not described separately in the catalogue it
incurs a penalty not less than .'ii'H nor more than $40.
If tiiere is any surplus over sum lent and cost of catalogut; and
advertisement, it must be paid over to the borrower.
The person for whom the goods were pawned may inspect the
' Account of Sales Book " for the entry of the sale, on the payment of five
cents.
In case the pawnbroker refuses inspection of the entry of the .sale,
or if the goods were sold for more than the sum entered for, or in ca.se the
entry was not made, or he diil not bond tide sell the goods according to
legal reiiuirements. or refuses to pay over the surplus to the borrower on
demand, he shall forfeit $iO and treble the sum for which the goods
were pawned.
aim. Restrictions on Pawnbrokers. I. They must not receive
goods from any person who appears to be undei' fifteen years of age, or
to be intoxicated ; or,
2. Purcha.se or take in pawn the note or memorandum of any other
pawnbroker ; or,
8. Employ any person under sixteen years of age to take any pledge ; or.