which three months the owner shall have liberty to redeem the said goods on the terms aforesaid. 39 & 40 G. 3, c. 99. entered in a book. § 20. Every pawnbroker shall enter into a book to be kept for An account of that purpose a just account of the sale of such goods, expressing goods sold to be the day of the month when pledged, the name of the person pledging, and the day when and the money for which the same were sold, together with the name and abode of the auctioneer; and if such goods are sold for upwards of 10s. or for more than is due thereon, the overplus shall be paid on demand to the person by whom or on whose account such goods were pawned, his executors, &c. if such demand be made within three years after such sale, the necessary costs and charges of such sale being first deducted; and the person who pawned such goods, his executors, &c. or for whom they were so pawned, shall, for his satisfaction, be permitted to inspect the entry made of such sale, paying for such inspection 1d. and no more. And if any person shall refuse the person who pawned such goods to inspect such entry, or if an executor, administrator, or assignee, at such time producing his letters testamentary, letters of administration or assignment; or if the goods were sold for more than the sum entered in such book; or if such person shall not have made such entry; or shall not have bona fide according to this act sold the goods; or shall refuse to pay such overplus on demand as aforesaid; he shall forfeit 101. and treble the sum such goods were originally pawned for, to the person by whom or on whose account they were pawned; to be levied by distress by warrant of two justices where the offence shall be committed. (See also 30 Geo. 2. c. 24. § 12.) they are under pawn. 21. No person having goods in pledge shall, either by him- Pawnbroker self or other person, purchase any such goods during the time not to purchase they shall remain in his custody as such pledge (except at such goods whilst public auction); nor shall suffer the same to be redeemed with a view or intention of purchasing thereof; nor make any contract with any person offering to pledge or pledging the same, with the owner of the pledge, for the purchase, sale, or disposition of the said goods, before the end of one year from the time of pledging the same; nor shall purchase, receive, or take any goods in pledge from any person who shall appear to be under the age of twelve years; or to be intoxicated with liquor; or purchase or take in pawn, pledge, or exchange the note or memorandum aforesaid of any other pawnbroker; nor buy any goods in the course of his Time for taking trade before eight o'clock in the morning, nor after seven in the in pawns evening; nor employ any servant or apprentice, or other person limited under sixteen years of age, to take in any pledge; nor receive and the age of any goods by way of pawn, pledge, or exchange before eight in the persons emthe morning, nor after eight in the evening between Michaelmas- ployed. day and Lady-day; or before seven in the morning and after nine in the evening the remainder of the year, except only until eleven on the evenings of Saturdays throughout the year, and the evenings preceding Good Friday and Christmas-day, and every fast, or thanksgiving day appointed by his majesty; on which days, and on Sundays, no person shall carry on the trade of a pawnbroker. § 24. And if it shall appear, or be proved upon oath before a justice, that the goods pawned as aforesaid have been sold before the time limited, or have been embezzled, or lost, or are become QQ 4 Selling goods before the time limited, or the same being damaged. 39 & 40 G. 3. c. 99. Penalty. Pawnbrokers to produce their books. Information to be given within twelve months. Churchwardens to prosecute. Not to extend to lending cent. of less value than when pawned, through the neglect or wilful misbehaviour of the person to whom they were pawned, his executors, &c. agents, or servants, such justice shall award a reasonable satisfaction to the owner in respect of such damage; and the sum so awarded, in case the same shall not amount to the principal and profit due to such broker, his executors, &c. shall be deducted thereout, and it shall be sufficient for the pawner, his executors, &c. to pay or tender the balance, and upon so doing such justice shall proceed as if the pawner, &c. had paid or tendered the whole money due for principal and profit as aforesaid: And if such satisfaction to be allowed shall be equal to or exceed the principal and profit as aforesaid, then such broker, his executors, &c. shall deliver the goods so pledged to the owner, without being paid any thing for principal or profit; and shall also pay such excess (if any) on penalty of 10l. to be recovered in manner hereafter mentioned. See also 30 Geo. 2. c. 24. § 5. § 25. And where such justice shall think the production of any book, note, voucher, memorandum, duplicate, or other paper necessary, which shall or ought to be in the hands, custody, or power of any broker, he shall summon him to attend with the same, which he is required to produce in the state the same was made at the time the pawn was received, without any alteration, erasement, or obliteration whatsoever; and in case he shall neglect or refuse to attend, or to produce the same in its true and perfect state, he shall, unless he shew good cause to the satisfaction of such justice, forfeit not exceeding 107. nor less than 57. to be levied as hereafter mentioned. § 27. But no pawnbroker shall be liable to any prosecution before any justice, unless information be given within twelve calendar months next after the offence was committed; and such prosecution shall be before some neighbouring justice, where the offence shall have been committed, except in London. 28. And the churchwardens and overseers of the parish or place where any offence shall be supposed to have been committed, or some one of them, at the discretion of such justice, on having notice from him for that purpose, shall prosecute such offender at the expense of such parish or place. § 30. But nothing herein shall extend to any person who shall lend money upon pawn or pledge at the rate of 51. per cent. inmoney at 51. per terest, without taking any greater profit for the loan thereof. § 29. And no person who has been convicted of any fraud, or of obtaining money under false pretences, or of any felony, shall prosecute or inform against any person for this act. offence against any Certain convieted persons not to prosecute. To extend to executors, &c. Recovery and application of penalties. § 31. And all the provisions of this act shall extend to, and include the executors, administrators, and assigns, of every deceased pawnbroker, as if he were living, except that no such executor or administrator shall be answerable for any penalty personally, or out of his own estate, unless forfeited by his own act. 26. In case any pawnbroker shall offend against this act in neglecting to make in a fair and regular manner in such book as aforesaid any such entry as is hereby required, he shall forfeit for each offence not exceeding 10l. as to such justice shall seem reasonable and fit; and for every other offence, where no other penalty is imposed, not more than 107. nor less than 40s.; the 39 & 40 G. 3. same respectively to be levied by distress and sale, half to the c. 99. person complaining, and half to the poor, if not herein otherwise disposed of and applied. By 30 Geo. 2. c. 24. several provisions were enacted respecting pawnbrokers, which were comprised in the sections of this act, commencing § 3. and concluding with f 13. The several cases therein provided for, excepting in § 13. are, with variations as to penalties and forfeitures, repeated nearly verbatim in the various sections of the 39 & 40 Geo. 3. c. 99. And it is therefore unnecessary to insert here the former act, though it be not expressly repealed by the latter: but references are made to the corresponding sections. By 30 Geo. 2. c. 24. §16. Any justice unto whom complaint upon oath shall be made of any offence committed against this act shall issue his warrant for bringing before him, or some other justice of such place, the person charged with such offence; and the justice before whom he is brought shall hear and determine the matter, and proceed to judgment and conviction: and if it shall appear upon oath, to the satisfaction of such justice, that any person within his jurisdiction can give material evidence on behalf of the prosecutor, or of the person accused, and who will not voluntarily appear; he shall issue his summons to convene him to give his evidence; and if he shall neglect or refuse to appear on such summons, and no just excuse shall be offered, then (on proof upon oath of the summons having been duly served upon him) he shall issue his warrant to bring such witness before him; and on his appearance, if he shall refuse to be examined on oath, without offering just cause for such refusal, the justice shall commit him to the public prison for any time not exceeding three months; and if on such examination the justice shall deem the evidence of any such witness to be material, he may bind over such witness unless a feme-covert, or under the age of twenty-one years, by recognisance in a reasonable penalty to appear and give evidence at the next sessions or assizes. And by 39 & 40 Geo. 3. c. 99. § 33. in all proceedings on this Inhabitants may act, any person may be a witness notwithstanding his being be witnesses. an inhabitant of the place wherein the offence shall have been committed. By 30 Geo. 2. c. 24. § 13. No fee or gratuity shall be taken for No fees to be any summons or warrant of any justice, so far as the same relates taken. to goods pawned, pledged, taken in exchange, or unlawfully dis posed of. By 39 & 40 Geo. 3. c. 99. § 34. The justice before whom any 39 & 40 G. 3. person shall be convicted shall cause the conviction to be drawn c. 99. up in the form or to the effect following: (viz.) to wit. BE it remembered, that on this — } in the is convicted before for the said county of· of the said county of of the said day of year of his majesty's reign, A. B. of his majesty's justices of the peace [or, for the riding or division or, for the city, liberty or town as the case shall happen to be] for and do adjudge him, [or, her] to pay and forfeit for the same the sum of day and year aforesaid. the Conviction. 39 & 40 G. 3. c. 99. Certiorari. Appeal. The same to be written upon parchment, and transmitted to the next sessions, to be filed amongst the records; and if any person shall appeal to the said sessions, the justices there shall, upon receiving the said conviction, proceed to hear and determine the matter. And no certiorari shall be granted, to remove any proceedings on this act. § 35. If any person convicted of any offence punishable by this act shall think himself aggrieved by the judgment of the justice before whom he shall have been convicted, he may appeal to the next general or quarter session of the peace for the county, &c. and the execution of the judgment shall in such case be suspended, the person convicted entering into a recognisance at the time of the conviction, with two sureties in double the sum he shall have been adjudged to pay, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determination of and pay such costs as shall be awarded at the said sessions; and the justices are empowered to hear and finally determine the matter of appeal, and to award such costs as shall appear just and reasonable to be paid by either party; and if the judgment shall be affirmed, the appellant shall immediately pay the sum adjudged to be forfeited, together with such costs as the court shall award, or, in default thereof, shall suffer the pains and penalties by this act inflicted upon persons respectively, who shall neglect to pay or shall not pay the forfeitures hereby imposed. § 32. Persons sued for any thing done on this act shall have double costs. [Note. The general act relating to pawnbrokers prior to the 39 & 40 Geo. 3. c. 99. was the 36 Geo. 3. c. 87. which was repealed by the subsequent act.] Rex v. Beard, 12 East, 672. This was an application for a mandamus to be issued to the defendant, a magistrate of Lancashire, commanding him to hear and determine an information exhibited before him by J. S. against Robert Rawlinson a pawnbroker, for certain trespasses and contempts against the late pawnbrokers' act of the 39 & 40 Geo. 3. c. 99. The information laid before the magistrate on the 4th of June, 1810, charged that Rawlinson, a pawnbroker at Manchester, unlawfully demanded, received, and took from one J. S. in the name of J. D. on redeeming the pledge after-mentioned 6d. by way of profit, for the loan of 3s. the same being an intermediate sum exceeding 2s. 6d. and not exceeding 40s. which on the 15th of Dec. 1809 was lent by Rawlinson to J. S. on a pledge of two spoons, the said pledge not having remained in pawn any time exceeding six calendar months, being more than at the rate of 4d. for the loan of 20s. by the calendar month, contrary to the statute; and then claimed a penalty of not less than 40s. nor more than 10. The question was, whether this were a case for a summary conviction in a penalty within the statute; the magistrate thought it was not, and refused to proceed upon the information. The 2d and 3d sections of the said act were cited. No penalty is given by these clauses, but penalties are given by several clauses of the act for specific offences, and the act also contains many regulating clauses. Section 26 also was cited. Ld. Ellenborough, C. J. It is prohi bited by the act to take more than the stipulated rate of profit; and therefore the taking more is an offence against the act; and as no particular penalty is provided for that transgression, it falls within the general words of the 26th clause. Per curiam. Rule absolute. Peace. See Surety for the Peace. Vol. V. DUKES, Earls, and Barons, are not conservators of the peace Not conservaat common law; and have no more power as such than mere tors of the peace. private persons. 2 Haw. c. 8. § 1. The safest way of proceeding against a peer for sureties of the Sureties of the peace or good behaviour, is by complaint to the court of chancery peace against or king's bench. 1 Haw. c. 60. § 5. 1 Burr. 631. them. By the common law, peers of the realm of England and Privileged from peeresses; whether by birth or marriage, are constantly privileged arrest. from arrest in civil suits. And this privilege is extended by the act of union with Scotland, to Scotch peers and peeresses; and by the act of union with Ireland, to Irish peers and peeresses. They are not liable to be attached for the non-payment of What attachmoney, pursuant to an order of nisi prius, which has been made ments. a rule of court. 7 T. R. 171. But they are not exempted from attachments for not obeying the process of the court; 1 Burr. 631.: nor does the privilege extend to peeresses by marriage, if they afterwards intermarry with commoners. A nobleman must be tried by his peers: but this is to be under- Trial of peers. stood only at the suit of the king, upon an indictment of high treason, petit treason, felony, or misprision thereof; but in case of a præmunire, riot, or the like, and generally for all other crimes out of parliament, (unless otherwise specially provided for by statute, as it is in many instances,) though it be at the suit of the king, he shall not be tried by his peers, but by the freeholders of the county. 3 Inst. 30. 2 Haw. c. 44. § 12. et seq. Process of outlawry lies against a peer, if he be indicted, and Whether they appears not, and cannot be taken; otherwise he might take ad- may be outvantage of his own contumacy. 3 Inst. 31. lawed. Whether they shall be burnt By 1 Ed. 6. c. 12. § 14. Peers shall have the benefit of clergy for the first offence of felony, without being burned in the hand. in the hand. A peer produced as a witness ought to be sworn. 3 Keb. 631. Evidence. |