Page:Ruffhead - The Statutes at Large - vol 8.djvu/110

 76 C. 24» Anno tricefimo Ge or gii II. A. D. 1757. fhall thereupoii caufe the Goods and Chattels found on any fuch Search, and unlawfully pawned pledged or exchanged as aforefaid, to be forthwith reftorcd to the Ovvjier or Owners thereof. ' their Reprcfentitives, are dciirous to repay the fame, and the Interelt due thereon, and make 'J'cndcr ' thereof to the perfon or Perfons with whom the fame are fo pawned or pledget', they arc frequentlv Coeds ptiwred it enadled by the Authority aforefaid. That from and after the faid twenty-ninth Day of Siptc?nher one for a Sum not thoufaiid feven hundred and fifty-feven, if any Goods or Chattels (hall be pawned or oledf^ed fnr Vpnirinrr may be re overed ^"V J^'^oriey lent thercon, not exceeding m the Whole the Principal Sum of ten Pounds, and the Interelt vithi/i a Yeais, thereof; and if within two Years after the Pawning or Pledging thereof. Proof having been made on Oath, by one or more credible Witnefs or Witnefies, or by producing a Duplicate of the Entry directed to be given by this Act as aforefaid, before any fuch Jultice or Juitices, or by folemn Affirmation fif the Perion be of the People called fakers) to the Satisfadion of any fuch Juftice or Juftices of the Pawning nr Pledging of any fuch Goods or Chattels within the faid Space of two Years, anv fuch Pawner cr f^awners who was or were the real Owner or Owners of fuch Goods or Chattels at the Time of the Pawning or Pledging thereof, his, her or their Executors, Adminiflrators or AlTigns, fhall tender unto the Perion or Perfons who lent on the Security of the Goods or Chattels pawned, his Executors Admi- niflrators or Affigns, the Principal Money borrowed thereon, and all Intereft due for the fame, 'toaether with fuch Charges for the Warehoufe-room of the Goods or Chattels pawned, as fhall be ao^reed on at the I ime of the Pawning of fuch Goods and Chattels ; and the Perfon who took fuch Goodi or Chat- tels in Pawn, his Executors, Adminiftrators or Affigns, fhall thereupon neglecl: or refufe to deliver back the Goods or Chattels fo pawned, for any Sum or Sums of Money not exceeding the faid Principal Sum of ten Pounds, to the Perfon or Perfons who borrowed the Money thereon, his, her or their Executor^ J"^'"^ °(."p^°!"" Adminiftrators or Affigns ; then and in any fuch Cafe, on Oath, or (if the Perfon or Perfons be of the pUint of Pawn» pgQpj^^, called Quakers) on folemn Affirmation thereof made by the Pawner or Pawners thereof hi<: l-^^r brOKer letuting ' . -,^ ^»-^ ^ • ■ n  /y- r i i-i i t-« ,- "..».^ij mv_j«.wi, ills, jjtr to deliver Goods, Of thcir Exccutors, Admmiltrators or Affigns, or fome other credible Perfon, any Juftice or Juftices of tofummonand the Peace of the County, Riding, Divifion, City, Liberty or Place where the Perfon or Perfons who examine the tcok fuch Pav/n as aforefaid, liis Executors, Adminiifrators or Affigns fhall dwell, on the Application of l'(»rti«s} the Borrower or Borrowers, his, her or their Executors, Adminiftrators or Affigns, is and are hereby required to caufe fuch Perfon or Perfons who took fuch Pawn, his, her or their Executors, Adminiftra- tors or Afr.gns, within the Jurifdi6lion of the Juftice or Juftices, to come before fuch Juftice or Tuftices • and fuch juftice or Juftices is and are hereby authorized and required to examine on Oath, or folemn Af- firmation, as the Cafe may require, the Parties themfelves, and fuch other credible Perfons as fliall an- nnd Proof being pear before him or them, touching the Premifics ; and if Tender of the Principal Money due and all jnadeof Tender, Intereft thereof, together with Charges for Warehoufe-room as aforefaid, fhall be proved bv 'Oath r,r- then alfo made, p^ and refufed; p G<. . _. . . _^_. Juftice to make tois, Adminiftrators or Affigns ; and in cale the Lender or Lenders, his, her or their Executors Adm'i- an Order for the r.iftrators or Affigns, fhall refufe to accept thereof, on Tender thereof to him, her or them made' by the jirmednre Deh- ■g^^j.Q^-.gj. or Borrowers thereof, his, her or their Executors, Adminiftrators or Affigns, before a'ny fuch Gwd's * ^ Juftice or Juftices, fuch Juftice or Juftices fhall thereupon, by Order under his Hand, or their Hands "' dirett the Goods or Chattels fo pawned, forthwith to be delivered up to the Pawner or Pawners thereof* on Refufal, to hit;, her or their Executors, Adminiftrators or Affigns : And if the Perfon or Perfons who ftiall have lent tomm.t ihe oj-jy Principal Sum or Sums of Money, not exceeding in the whole the faid Sum of ten Pounds, on any Pawnbroker till Q^^^jj q^ Chattels pawned, his, her or their Executors, Adminiftrators or Affiens, fhall nep-leA or r/ niadc. f"'"-' ^o deliver up or make Satisfaction for the Goods or Chattels, which fhall be proved to the Satisfac- tion of fuch Juftice or Juffices as afoicOiid, to have been fo pawned, as any fuch Juftice or Juftices of the Peace as aforefaid fhall order and direct; then any fuch Juftice or Juftices fliall, and is and are here- by authorifed and required to commit the Party or Parties fo refufing to deliver up or make Satisfaction for the fum.c, to the Houfe of Correction, or foinc other publick Prifon of the County, Riding, Divifion City or Place wherein the Offender or Oftenders fliall refide, or be convicSted ; there to rcma'in without Bail or Mainprize, until he, fhe or they fhall deliver up the Goods or Chattels fo pawned, and continu- ing redeemable as aforelaid, according to the Order of fuch faid Juftice or Juftices, or make Satisfaction or Compenfation for the Value thereof, to the Party or Parties intitled to the Redemption of fuch Goods Qf Chattels fo pawned, and continuing redeemable as aforefaid. Cfo<»<!'err,ainiii6 XL And be it further enaCted by the Authority aforefaid. That if any Pawn or Pledge of Goods or " y'emTrt fo'r- ^^*''"'^'^' ^'^ what Kind foevcr, made by or for the Proprietor or Proprietors thereof, fhall remain unre- rct^^'ioTmay'*!'^"'*^'! ^"'' ^^^ ^P^^c of tvvo Years, then every fuch Pawn or Pledge fhall be forfeited ; and it fliall and be »oidi n-.ny be lawful to and for every fuch Perfon or Perfons, to whom fuch Goods or Chattels have been pawned or pledged, to fell the lanie; any Law, Statute, Cuftom or Ufage to the contrary thereof not- withftandingi
 * X. And whereas Goods and Chattels are often pawned or pledged for fecuring the Payment of Monev
 * lent thereon, and the Interelf thereof; and although when the Money becomes due, the Borrowers or
 * under great Difficulties to get hack the Goods and Chattels fo pawned, and are often under Nccclfitv to
 * commence Suits at Law for the Recovery thereof, to their great Expence ; For Remedy whereof Be