this act.

this or any act relating to the stamp duties, upon a pro- ing to execute per application made to him, shall forfeit, for every such neglect or refusal, the sum of £40.(a)

(a) By section 180 of this act, all penalties under this or any other act relating to the stamp duties, shall be in British currency.

Upon a review of these statutes, it will appear, that in order legally to take or kill game three requisites are necessary. The first is, the qualification; the second, the game certificate, and the third is, liberty to enter upon the ground on which the game is to be found. The only case, in which the necessity of obtaining this license of entry is dispensed with, is, in the case of pursuing four-footed game into another person's ground, which by the statute is permitted, and even then it expressly saves the right of the occupier to bring his action for any damage caused by such entry.

It may be necessary here to advert to the statute 58 Geo. III. ch. 75, which is a general act, and not restricted in its terms. It contains three sections: the first, a provision similar to that contained in section 9 of the Irish act, 27 Geo. III. ch. 35. The second provides, that any person shall be acquitted of illegally taking or killing game, or having it in his possession, unless proceedings have been actually commenced against him, who shall give information against any other person for breaches of the game laws, so as that he be prosecuted to conviction. The framers of the act may have intended that its provisions should be restricted to Great Britain, but there can be no doubt of its applying to Ireland, the latter country not being expressly excluded from its operation, which is invariably found to be the case when it is intended that an act should not extend to Ireland. The third section is to the effect, that the prosecutor may proceed to recover, in any of his majesty's courts of record, the penalties with double costs to his own use, the first section having given one-half of the penalty of £5 therein expressed, to the poor of the parish.

26 GEO. III. CH. 43.

Act to establish the Business of a Pawnbrokor, and to authorize such Persons as shall be duly qualified to carry on the same, to lend Money on Pawns or Pledges, and to receive Interest at a higher Rate than was heretofore recoverable by Law.

[A. D. 1786.

Disputes about pawns, where

the sum does not exceed

forty shillings,

to be decided

by one, where over forty shil

lings, by two justices of peace.

IT IS ENACTED,

SEC. 1.-That duly qualified persons be authorized to take the rates of interest upon pawns, or pledges, enumerated and specified in the following tables.

SEC. 2. That the sums advanced by pawnbrokers shall be in the current coin, and not otherwise.

SEC. 3. That the rates of interest be as follows, [the rates here given were altered by the next act on this subject, 28 Geo. III. ch. 49, sec. 19, which see in the note.]

SEC. 4. That if any difference shall arise between any person pawning goods, and the pawnbroker, respecting the re-delivery thereof, or the money to be paid to the pawnbroker, every such difference, in case the original sum lent does not exceed forty shillings, shall be determined by one justice of the peace; and where the sum lent exceeds forty shillings, by any two justices for the respective county, city, borough, or town corporate, by examination on oath of the parties themselves, or being quakers, on their affirmation, or on the oaths of credible witnesses and such determination shall be binding on all parties concerned; and no such difference shall be tried, heard, or determined in any of the superior courts of law, or in any manner than before such justice or jus tices, as aforesaid.

to be entered in

SEC. 5.-That pawnbrokers shall enter, or cause to be Goods pawned entered, in a book kept for that purpose, a description of a book and duthe goods pawned and the sum advanced thereon, with plicate thereof given. the day of the month and year on which, and the name and place of abode of the person by whom, such goods were so pawned, and shall at the same time give a duplicate or copy of such entry to the person pawning; and where the sum lent shall not exceed ten shillings, such pawnbroker shall receive for such duplicate one penny, and where the sum lent shall exceed ten and not exceed forty shillings, two pence, and where the sum lent shall exceed forty shillings, four pence, and no more: and Penalty for in default of making such entry, and giving such dupli- ance. cate, he, she, or they shall respectively for such offence forfeit the sum of forty shillings, to be levied by distress and sale of the offender's goods, by warrant under the hands and seals of any justice or justices of the jurisdiction as aforesaid, such forfeitures, when levied, to be paid to the ministers or churchwardens of the parish, to be applied to the use of the poor.

SEC. 6. That the person who shall produce the duplicate to the pawnbroker, and require a delivery of the goods mentioned therein, shall be deemed and taken, so far as regards the pawnbroker, to be the real owner of the goods; and the pawnbroker is required, after receiving satisfaction according to this act, respecting principal and interest, or profit, to deliver the goods to the person who shall so produce the duplicate, and is hereby indemnified for so doing unless he, she, or they shall have had previous notice from the real owners thereof, not to deliver the same to the person producing such duplicate, or unless notice shall have been given to the pawnbroker that the goods and chattels pawned have been, or are suspected to have been, fraudulently or feloniously taken or obtained, and unless the real owner or owners thereof proceed in manner hereinafter provided for the redeem

M

any

non-observ

Upon notice, real owner proving property may redeem.

Persons con

victed of pawn

ing the goods of other persons,

without their

authority, for

feit 20s.

ing of goods pledged where such duplicate shall have been lost, mislaid, destroyed, or fraudulently obtained from the owner.

SEC. 7.—That in case any pawnbroker shall have had such previous notice as aforesaid, or in case any such duplicate shall be lost, mislaid, destroyed, or fraudulently obtained from the owner, and the goods or chattels shall remain unredeemed, then and in every such case, the owners of such duplicate, and of the goods mentioned therein, as the case may happen, shall prove property in such goods to the satisfaction of a justice of the peace of the jurisdiction as aforesaid, and shall also make an affidavit or solemn affirmation as aforesaid, of the particular circumstances attending the case before any justice of the peace, whereupon the pawnbroker shall suffer the person proving property to the satisfaction of such justice as aforesaid, and making such affidavit or affirmation as aforesaid, to redeem such goods, and such proof and affidavit shall be a full and sufficient indemnity to the pawnbroker or pawnbrokers against all persons whomsoever.

SEC. 8. That if any person or persons shall knowingly and designedly pawn or exchange, or unlawfully dispose of the goods and chattels of any person or persons, not being authorized or employed by the owners so to do, and shall be thereof convicted by the oath of any credible witness or witnesses, or by confession, before any justice or justices as aforesaid, every such offender shall forfeit the sum of twenty shillings, and in case the If not paid to said sum be not forthwith paid, the party shall be combe committed. mitted to prison, there to remain and be kept to hard labour for the space of fourteen days, unless the forfeiture be sooner paid; and if within three days before the expiration of such fourteen days the forfeiture be not paid, the justice is required to order, upon the application of the prosecutor, the person so convicted to be whipped in

the house of correction or prison, or in some open public place of the city, borough, or town corporate where such offence shall have been committed, and the said respective forfeitures, when recovered, shall be applied to making satisfaction thereout to the parties injured, and defraying the cost of the prosecution as shall be adjudged reasonable by the justice convicting; but if the party injured shall decline receiving the satisfaction and costs, or if there be any overplus after making such satisfaction and paying the costs, such forfeiture or overplus shall be paid to the minister or churchwardens for the use of the poor of the parish.

rated by the

mine the

amount of loss deducted.

which must be

SEC. 9. That if in the course of any of the aforesaid Goods deterioproceedings before any justice or justices of the peace pawnbroker, under this act, it shall appear to be proved to the satis- J. P. to deterfaction of such justice or justices, upon oath or affirmation as aforesaid, that any of the goods so pawned are become, or have been rendered, of less value than they were at the time of pawning, by the neglect, default, or wilful misbehaviour of such pawnbroker, his, her, or their executors, administrators, or assigns, agents, clerks, or servants, in such case it shall be lawful for every such justice, and he is hereby required to allow or award, after an examination on oath or solemn affirmation as aforesaid, a reasonable satisfaction to the owners in respect of such damage, and the sum so allowed shall be deducted out of the principal and interest which shall appear to be due to the pawnbroker, and in all cases where the goods shall have been damaged as aforesaid, it shall be sufficient for the pawner to pay such balance so awarded.

SEC. 10. That if any person shall knowingly buy or Knowingly taking linen, take in pledge any linen or apparel entrusted to any per- &c. in pawn. sons to wash, scour, iron, mend, or make up, and shall be convicted of the same on the oath of one credible witness, or confession of the party before one or more justices of the jurisdiction, every such person shall forfeit