Page:Ruffhead - The Statutes at Large - vol 8.djvu/108

 74 C. 24. Anno tricefimo Georgii IL A. D. 1757. App'icaticn of tht tjiteitures. Pawnbroker to make Entry of is and are hereby required to order, upon the Application of the Profecutor or Profecutors, the Pcrfon or Ptribns io convicted to be piiblickly whipped in the Houfe of Correction or Priibn to which the Olteiider or Ofiendeis ihall be tcmmittcd, or in fome open publick. Place of the City, Riding, Divifion, Town or Place wherein the Olrence fliall have been committed, as to fuch Juftice or Juftices Hiall fcem proper; and the faid refpediive Forfeitures when recovered, (hall be applied towards malcijig Satisfaction thereout to the Party or Parties injured, and defraying the Colls of the Profecution, as (hall be adjudged reafort- able by the Juftice or Juftices before whom fuch Conviition fhall be had; but if the Party or Parties in- jured fliall decline to accept of fuch Satisfa6tion and Coftsj or if there fliall be any Overplus of the faid rcfpedive Forfeitures, after making fuch Satisfaction, and paying fuch Cofts as aforefaid, then fuch rc- fpedive Forfeitures, or the Overplus thereof (as the Cafe fliall happen) fhall be paid and applied to and for the Ufc of the Poor of the Parifli or Place where the Oft'ence Ihall have been committed, and fliall be paid to the Overfeers of the Poor of fuch Parifli for that Purpofe. IV. And be it further ena£ted by the Authority aforefaid. That all and every Perfon and Perfons who, from and after the tv/enty-ninth Day oi Septe/nber one thoufand feven hundred and fifty-feven, fhall take Goods pawned, ^^y ^^^y of Pawn, Pledge or Exchange, of or from any Perfon or Perfons whomfocver, any Goods or ^t^'^^'i'd ""^ '*' Chattels, of what Kind foever the fame fliall be, fhall forthwith enter or caufe to be entered, in a fair or "^^ * regular Manner, in a Book or Books to be kept for that Purpofe, a Defcriptioa of the Goods or Chattels which he, fhe or they fliall receive in Pawn, Pledge, or Excliange; and alio the Sum of Money advanced or paid thereon, with the Day of the Month and Year on which, and the Name and Place of Abode of the Perfon or Perfons by whom fuch Goods or Chattels were fo pawned, pledged or exchanged, and alfo the Name and Place of Abode of the Owner or Owners thereof, according to the Information of the Per- and a Duplicate, fon pawning or pledging, or exchanging the fame; and fliall at the fame Time give a Duplicate or Copy if required, to be thereof to the Perfon or Perfons io pawning, pledging or exchanging the faid Goods or Chattels, if re- ^h^'p ^^"^°*^ ^^ quired; for which the Perfon or Perfons giving fuch Duplicate or Copy, fhall be paid by the Perfon or upon ^^v'^n^' for Perfons who ihall io pawn, pledge or exchange fuch Goods or Chattels, the Sum of one Half-penny, on ' " Goods and Chattels pawned for lefs than twenty Shillings; and one Penny on Goods or Chattels pawn- ed for twenty Shillings, and not exceeding five Pounds; and for every fuch Duplicate upon Goods or Chattels pawned for any larger Sum, the Sum of two Pence and no more; and in Default of making luch Entry, and giving fuch Duplicate or Copy, if required as aforefaid, he, fhe or they ihall refpec- tively for every Offence forfeit the Sum of five Pounds, to be levied by Diftrefs and Sale of the Goods and Chattels of the Oft'ender or Offenders, by W'^arrant under the Hand and Seal, or Hands and Seals of any Juftice or Juftices of the Peace of the County, Riding, Divifion, City, Liberty or Place where the Oflence Ihall be committed; which refpedtive Forfeitures when levied, ihall be paid and applied to the Ufe of the Poor of the Parifli or Place wherein the Offence fliall be committed. ' V. And whereas it fometimes happens that the Goods or Chattels pledged and pawned as aforefaid, aforefaid Proceedings, before any Juftice or Juftices of the Peace, in purfuance of, or under this Ait, it fhall appear or be proved to the Satisfadtion of the Juftice or Juftices upon Oath or folemn Affirmation' as aforefaid, that any of the Goods or Chattels fo pawned as aforefaid, are become or have been rendered of lefs Value than the fame were at the Time of pawning or pledging thereof, by or through the Default, Negledt or wilful Mifbehaviour of the Perfon or Perfons to whom the fame were fo pledged or pawned, liis, her or their Executors, Adminiftrators or Affigns, Agents or Servants; then, and in any fuch Cafe, it fliall be lawful, and every fuch Juftice or Juftices is and are hereby required to allow or award a rea- fonable Satisfaction to the Owner or Owners of fuch Goods or Chattels, in refpedl of fuch Damage; and the Sum or i'ums of Money fo allowed or awarded fhall be dedudted out of the Principal and Intereft, and Allowance for V/archoufe-room, which fhall appear to be due to any Perfon or Perfons, to whom the fame were fo pledged or pawned, his, her or their Executors, Adminiftrators or AfTigns; and in all Cafes where the GooJs and Chattels pawned as r.forefaid, fhall have been damaged as aforefaid, it fliall be fuf- ficient for the P. .vner or Pav/ners, his, her or their Executors, Adminiftrators or Affigns, to pay or ten- der the Money i;;;on the Balance, after dedudfing out of the Principal and Intereft, and Money payable for Warehoufc luom as aforefaid, for the Goods or Chattels pawned, fuch reafonable Satisfadlion in re- fpcdt to fuch Damage, as any fuch Juftice or Juftices ffiJl order or award; and upon fo doing, the Ju- ftice or Juftices fhall proceed as if the Pawner or Pawners, his, her or their Executors, Adminiftrators or Affigns, had paid or tendered the whole Money due for the Principal, Intereft and Warehoufe-room as aforefaid. VI. And be it cnadted by the Authority aforefaid. That from and after the faid twenty-ninth Day of the fame. Penalty 5I. on Default of ma- king fuch En- try, and giving fukh Duplicate. Where Coeds fawned fliall be f'amaged thro' Neglcft ot the Pawnbroker, Perfons buying or taking in Pleoff, Lir.tn or ~ ' September one thoufand fcvcn hundred and fifty-feven, if any Perfon or Perfons fhall knowingly buy or Pleoff, Urtn^or ^^j^^ j^ ^^ ^ Pledge, any Linen or Apparel, intrufted to any other Perfon or Perfons to wafli, fcour, iron, fted'tTotherrto mend or make up, and fhall be convidted of the fame, on the Oath of one credible V^itnefs, or on Con- walh 01 acod, fcffion of the Party, before one or more Juflice or Juflices; every fuch Perfon or Perfons fhall forfeit &c. double the Sum given for or lent on the fame, to be paid to the Poor of the Parifli where the Offence is to forfeit double comniititd, to be recovered in the Manner other P'orfeitures are by this Adl diredted to be recovered; and the SutTi. fhnli likcwifc be obliged to rcftore the faid Goods to the Owner in the Prefcnce of the faid Juftice ox »»mI redoie the JufHtcS- c«'«i^ VII. And
 * are fpoiled and damaged, or rendered of lefs Value than when the fame were pledged or pawned, through
 * the Neglect, Default or Mifbehaviour of the Perfon or Perfons to whom the fame were fo pledged or
 * pawned, his, her or their Agents or Servants, either by wearing or ufing thereof, or by letting the fame
 * out to Hire;' Be it therefore enadfed by the Authority aforefiid. That if in the Courfe of any of the