Imatges de pàgina
PDF
EPUB

capable of being so, is no ground for a patent; because it is an element and rudiment of science, and which, till applied to some new production from these elements, cannot, with justice to other inventors, be applied to the exclusive use of any one of them. In all patents there is required, in the words of Lord Tenterden, " something of a corporeal or substantial nature, something that can be made by man from the matters subjected to his art and skill, or at the least some new mode of employing practically his art and skill."-- (Godson on the Law of Patents, p.81.) Previously to Lord Tenterden, it had been ruled that a new process or method was not the subject of a patent. But his Lordship having suggested that "the word manufacture (in the statute) may, perhaps, extend to a new process to be carried on by known implements, or elements acting upon known substances, and ultimately producing some other known substance, &c." — Godson, p. 83.) — this principle of interpretation has now been adopted.

A patent for a machine, each part of which was in use before, but in which the combination of the dif ferent parts is new, and a new result is obtained, is valid. But, in order to its being valid, the specification must clearly express that it is in respect of such new combination or application, and of that only; and not lay claim to original invention in the use of the materials.

A patent may be granted for an addition to an old invention. But the patent must be confined to the addition or improvement, that the public may purchase it without being encumbered with other things. If the patent include the whole, it will be void; for the property in the addition or improvement can give no right to the thing that has been improved. — (Godson, p. 71.)

A valid patent may be obtained for an invention," new in this realm," though it may have been previously practised in a foreign country.

A patent is void, if it be for several distinct inventions, and any one of them fail of originality. The specification must be prepared with great care. It should set forth the invention fully and correctly. The terms used must be clear and unambiguous; no necessary description must be omitted, nor what is unnecessary be introduced; and the invention must be described in the best and most improved state known to the inventor. If any one of these conditions be not complied with, the patent will be void. Any inaccurate or defective statement, were it even inserted through inadvertency, will vitiate the whole. Caveat. It is not unusual for inventors who have not brought their inventions to perfection, and who are afraid lest they be anticipated by others, to lodge a caveat at the offices of the attorney and solicitor general; that is, an instrument by which notice is requested to be given to the person who enters it, whenever any application is made for a patent for a certain invention therein described in general terms. The entry of a caveat is, therefore, nothing more than giving information that an invention is nearly completed; so that, if any other person should apply for a patent for the same thing, the preference may be given to him who entered it.

An injunction may be obtained for the infringement of a patent, in the same way as for a violation of the copyright acts.

Patents have been sometimes extended by act of parliament beyond the term of 14 years, on the ground that that term was too short properly to reward the inventor.

[ocr errors]

An act passed in 1835, 5 & 6 W. 4. c. 77., made sundry regulations in the law or regulations under which patents had been previously granted as well as in the rules for their interpretation, and pointed out the method of proceeding in cases where application is made for a prolongation of the term of the patent. We subjoin an abstract of this act.

Any person having obtained Letters Patent for any Invention may enter a Disclaimer. Any person who hath obtained or shall hereafter obtain letters patent for the sole making, exercising, &c. of any invention, may, if he think fit, enter with the clerk of the patents of England, Scotland, or Ireland, respectively, as the case may be, having first obtained the leave of the attorney-general, or solicitorgeneral in case of an English patent, of the lord advocate or solicitor-general of Scotland in the case of a Scotch patent, or of the attorney-general or solicitor-general for Ireland in the case of an Irish patent, a disclaimer of any part of either the title of the invention or of the specification, stating the reason for such disclaimer, or may, with such leave as aforesaid, enter a memorandum of any alteration in the said title or specification, not being such disclaimer or such alteration as shall extend the exclusive right granted by the said letters patent; and such disclaimer or memorandum of alteration, being filed by the said clerk of the patents, and enrolled with the specification, shall be taken to be part of such letters patent or such specification in all courts whatever: provided, that any person may enter a caveat, as caveats are now entered, against such disclaimer or alteration; which caveat shall give the party entering a right to have notice of the application being heard by the attorney-general or solicitor-general or lord advocate respectively; provided also, that no such disclaimer or alteration shall be receivable in evidence in any action or suit (except in any proceeding by scire facias) pending at the time when it was enrolled, but in every such action or suit the original title and specification alone shall be given in evidence, and taken to be the title and specification of the invention for which the letters patent have been granted; provided also, that it shall be lawful for the attorney-general or solicitor-general or lord advocate, before granting such fiat, to require the party applying for the same to advertise his disclaimer or alteration, as to the said attorney-general, &c. shall seem right, and shall, if he require such advertisement, certify in his fiat that the same has been duly made. — (§ 1.)

Mode of Proceeding where Patentee is proved not to be the real Inventor. — If in any suit or action it shall be proved or found by the verdict of a jury that a person who has obtained letters patent for any invention, or supposed invention, was not the first inventor thereof, or of some part thereof, by reason of some other person or persons having invented or used the same, or some part thereof, before the date of such letters patent, or if such patentee or his assigns shall discover that some other person had, unknown to such patentee, invented or used the same, or some part thereof, before the date of such letters patent, it shall be lawful for such patentee or his assigns to petition H. M. in council to confirm the said letters patent or to grant new letters patent, the matter of which petition shall be heard before the judicial committee of the privy council; and such committee, upon examining the said matter, and being satisfied that such patentee believed himself to be the first and original inventor, and being satisfied that such invention or part thereof had not been publicly and generally used before the date of such first letters patent, may report to H. M. their opinion that the prayer of such petition ought to be complied with, whereupon H. M. may, if he think fit, grant such prayer; and the said letters patent shall be available to give to such petitioner the sole right of using, making, and vending such invention: provided, that any person opposing such petition shall be entitled to be heard before the said judicial committee; provided also, that any person party to any former suit or action touching such first letters patent, shall be entitled to have notice of such petition before presenting the same.-(2.)

If in any Action or Suit a Verdict pass for the Patentee, the Judge may certify, &c. — If any action at law or suit in equity shall be brought in respect of any alleged infringement of such letters patent heretofore or hereafter granted, or any scire facias to repeal such letters patent, and if a verdict pass for the patentee, or if a final decree or order be made for him, upon the merits of the suit, it shall be lawful for the judge who tried such action to certify on the record, or the judge who shall make such order to give a certificate under his hand, that the validity of the patent came in question before him, which record or certificate being given in evidence in any other suit or action touching such patent, if a verdict pass, or order be made, in favour of such patentee, he shall receive treble costs in such suit or action, to be taxed at three times the taxed costs, unless the judge making such second or other order, or trying such second or other action, certify that he ought not to have treble costs. (§3.)

Mode of Proceeding in case of Application for the Prolongation of the Term. If any person who hath or shall hereafter obtain letters patent shall advertise in the London Gazette 3 times, and in 3 London papers, and 3 times in some country paper published in the town where or near to which he carried on any manufacture of any thing made according to his specification, or near to or in which he resides in case be carried on ne such inanufacture, or published in the county where he carries on such manufacture, or where he lives in case there shall not be any paper published in such town, that he intends to apply to H.M. in council for a prolongation of his term of sole using and vending his invention, and shall petition H.M. in council to that effect, it shall be lawful for any person to enter a caveat at the council office; and if H. M. refer such petition to the judicial committee of the privy council, and notice shall first be by him given to any person who has entered such caveat, the petitioner shall be heard by his counsel and witnesses to prove his case, and the persons entering caveats shall likewise be heard by their counsel and witnesses; whereupon the judicial committee may report to H. M. that a further extension of the term In the said letters patent shall be granted, not exceeding 7 years; and H. M. is hereby authorised and empowered, if he thinks fit, to grant new letters patent for the said invention for a term not exceeding 7 years after the expiration of the first term: provided that no such extension shall be granted if the application by petition be not made and prosecuted with effect before the expiration of the original term in such letter patent. ($ 4.)

In case of Action, &c., Notice to be given. — In any action brought for infringing any letters patent, the defendant on picading thereto shall give to the plaintiff and in any scire facias to repeal such letters patent the plamtiff shall file with his declaration, a notice of any objections on which he means to rely at the trial of such action, and no objection shall be allowed to be made in behalf of such defendant or plaintiff at such trial, unless he prove the objections stated in such notice: provided always, that it shall be lawtul for any judge at chambers, on summons served by such defendant or plaintiff on such plaintiff or de fendant respectively to show cause why he should not be allowed to offer other objections whereof notice shall not have been given, to give leave to offer such objections, on such terms as to him shall seem tit. (( 5.)

Costs in Actions for infringing Letters Patent. — In any action brought for infringing any letters patent, in taxing the costs thereof regard shall be had to the part of such case proved at the trial, which shall be certified by the judge, and the costs of each part of the case shall be given according as either party has succceded of failed therein, regard being had to the notice of objections, as well as the counts in the declaration, and without regard to the general result of the trial. — (§ 6.)

Pencity for using, unauthorised, the Name of a Patentee, &c. — If any person shall write, paint, or print, or mould, cast, or carve, or engrave or stamp upon, any thing made, used, or sold by him, for the sole making or selling of which he hath not obtained letters patent, the name or any imitation of the name of any other person who hath obtained letters patent, for the sole making and vending of such thing, without leave in writing of such patentee or his assigns, or if any person shall upon such thing, not having been purchased from the patentee or some person who purchased it from him, or not having the licence in writing of such patentee or his assigns, write, paint, or otherwise mark the word "patent," the words "letters patent," or the words " by the king's patent," or any words of the like kind, meaning, or import, with a view of imitating or counterfeiting the stamp, mark, or other device of the patentee, he shall for every such offence be liable to a penalty of 50%., to be recovered by action of debt, bill, &c. in any court of record at Westminster or in Ireland, or in the court of session in Scotland, one half to H. M. and the other to any person who shall sue for the same: provided, that nothing herein contained shall be construed to extend to subject any person to any penalty in respect of stamping or in any way marking the word "patent" upon any thing made, for the sole making or vending of which a patent before obtained has expired. (§ 7.)

The reader will find a great deal of curious and instructive information with respect to patents, in the Report of the Committee of the House of Commons on that subject (No. 332. Sess. 1829), particularly in the evidence and paper laid before the Committee by Mr. Farey. The treatise on the Law of Patents and Copyrights, by Mr. Godson, is clear and able.

PATRAS, OR PETRASSO, a sea-port in the N. W. corner of the Morea, near the entrance of the Gulph of Lepanto, lat. 38° 14′ 25′′ N., lon. 21° 46′ 20′′ E. Population variously estimated, from 4,000 to 5,000.

The port lies a little to the northward of the town; but the part fronting it is unsafe, and exposed to heavy seas, particularly in winter. Vessels, therefore, go a little further up the gulph, where there is a mole or quay, and where they can lie close to the wharf. Patras has a more extensive trade than any other port of Greece. The principal exports are currants, oil, valonia, wine, raw silk, raw cotton, wool, skins, wax, &c. Of these, currants are by far the most important. The fruit is larger, and freer from sand and gravel, than that of the Ionian Islands. They are shipped in casks of various sizes; but, as the weight of the cask is included in that of the fruit, it is said to be, for the most part, heavier and stronger than necessary. Morea currants are preferred in most countries, except England; but here the currants of Zaute are held in equal, or perhaps greater, estimation. The exports of currants from Patras inay average from 60,000 to 70,000 cwts. a year; but the produce of the crop varies extremely in different seasons. Latterly the culture of currants in the Morea has been very greatly extended, and, we believe, we may add, completely overdone. Owing to the increase of their quantity, their price, which in 1940 amounted to 80 dollars per 1000 lbs., had, in 1842, sunk to 23 dollars per do. And as this price will not pay the expenses of cultivation, the growers are involved in the greatest difficulties, and the inferior plantations will necessarily have to be abandoned. The crops of oil, the next great article of export from Patras, are, if possible, still more fluctuating than those of currants. The imports at Patras, as at the other Greek ports, consist principally of sugar, coffee, and other colonial products; plain and printed cotton stuffs, woollen goods, salted fish, iron, tin plates, hardware, coal, cordage, hemp, deals, &c. Imported articles are brought principally from the Ionian Islands, Malta, Venice, Leghorn, Marseilles, and Trieste; Ent, from the want of authentic details, it is quite impossible to form any accurate estimate of their amount either as respects Patras, or any other Greek port:Shipping.. -The arrivals and departures at Patras in 1841 were

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

• Exclusive of Peninsular coasters four times a month. Of the 46 British arrivals, 21 were in ballast, 12 had manufactures, 4 coals, 2 sundries, 1 timber, and 3 currants. Of the 47 departures, 28 had currants, 11 were in ballast, 3 oil, &c., 3 sundries, 1 wheat and currants, and 1 manufactures.

Money. Since the revolution, the Greeks have established a system of coinage in imitation of that of France. The phoenix is a silver coin, that should contain 9-10ths of pure metal, and 1-10th of alloy, or 4-029 grammes of the former, and 418 do. of the latter, being worth about 8 d. sterling. The Jepta is a copper coin, being 1-100th part of the phanix. But the silver coins are already so much debased, that they have been refused even by the officers of government.

Weights and Measures. The quintal is divided into 44 okes, or 13% lbs. Hence, 100 lbs. of Patras 88 lbs. avoirdupois. Silk weight is 1-5th heavier.

A sack of currants weighs 140 lbs. of the common weight, or about 123 lbs avoirdupois.

The staro, corn measure, 21 Winch. bushels.

The long pic, or pik, used in measuring linens and woollens, 27 English inches. The short pic, used in measuring silks, =25 ditto.

Port Charges in the Kingdom of Greece.
Tonnage.

In the ports of Patras, Syra, Nauplia, Pirous, Marathonensis,
Pylos, Calamata, and Navarino.

[blocks in formation]

Drs. Lep.

[ocr errors]

free.

0 9 0 12

free.
0 6
0 9

[blocks in formation]

free.

of from 5 to 20 tons

21 - 50

51-100 101 - 200

301 and above

0.50
1.00
2.00
3.00

5.00

[blocks in formation]

quantity and time

free.

0 50

1 00

2.00

5.00

8. 00

9 GO

0 2

0 3

Observations on the Tonnage Dity. -1. Vessels arriving from abroad loaded, and which discharge their cargoes, and depart loaded, pay the whole duty.

2. Vessels arriving from abroad loaded, and which depart in ballast, pay two thirds of the duty, which is also exacted if they arrive in ballast, and depart loaded.

3. Vessels arriving from abroad in ballast, and departing without lading, or arriving and departing with cargo, and not discharging any of it, pay one third of the duty.

4. Vessels arriving from and going to another port of the kingdom pay but one half of the duty.

5. A vessel considered as loaded, whether she be so fully or partially.

Exceptions.1. Every vessel forced to enter a port, either by a storm or in consequence of damage, is exempted from all charges during 8 days."

2. Every vessel entering a port, from whatever cause, and destined to another port, and the master of which shall immediately make a declaration to the captain of the port, that he has no intention either of loading or discharging his goods, may remain 5 days without paying any duty except the lighthouse duty. He is permitted also to receive or to deliver lettters or money, unless otherwise provided for by special ordinances.

We have derived these details partly from consular returns, and partly from other sources.

Commerce of Greece.

Considering the favourable situation of Greece, the number and excellence of her ports, the hardy enterprising character of her people, and the progress they had already made in navigation, it might have been supposed that she would have made a rapid advance in prosperity after being emancipated from the blind and brutal despotism of the Turks. But, however the fact may be accounted for, this has not certainly been the case. The ministers of King Otho appear not to have had the remotest idea of what was necessary to promote the development of industry in such a country as Greece. The new customs law, enacted in 1843, is arbitrary, and is full of prohibitions and penalties against which no caution can guard. Duties are, at the same time, laid on most articles of export; and though the rates of duty in the tariff on imports (amounting to 10 per cent. on cotton and woollen goods) cannot be fairly objected to, they are rendered most oppressive from the practice of charging them on arbitrary valuations, and of levying arbitrary fines. Agriculture is, also, subject to the greatest discouragement; from a third part to a half of the public revenue of the kingdom being derived from the worst of all possible taxes-a tithe! And we are assured by those well acquainted with the practical details, that the burden which the tithe really imposes is, in consequence of the illegal way in which it is assessed and collected, nearer 15 and 20 than 10 per cent. of the gross produce of the soil! Hence, instead of advancing, commerce and agriculture have, of late years, rather retrograded. And if to these defects in the commercial and fiscal regulations under which the country is placed, we add the deficiency of capital, the all but total want of good roads, the barbarism of a large portion of the population, the bankrupt state of the public finances, and the preference given by the government to military parade and ostentatious display, we need not be surprised at the stationary condition, the poverty, and the all but universal discontent of the people. But it is to be hoped that the excess of the evil may at length lead to a cure; and that at no distant period measures may be devised for giving freedom to industry, and for developing the extensive resources of the country, and the talents and ingenuity of its inhabitants.

It is deeply to be regretted that Candia, or Crete, was not either added to the new kingdom of Greece, or made independent. We cannot help considering it as disgraceful to the Christian nations of Europe, that this famous island, where European civilisation first struck its roots, should be consigned to the barbarians by whom it is now laid waste. It is as well entitled to the favourable consideration of England, France, and Russia, as any part of Continental Greece; and we do hope that measures may yet be devised for rescuing it from the atrocious despotism by which it has been so long weighed down. PATTERNS, are specimens or samples of commodities, transmitted by manufacturers to their correspondents, or carried from town to town by travellers, in search of orders.

PAWNBROKERS AND PAWNBROKING. A pawnbroker is a species of banker, who advances money, at a certain rate of interest, upon security of goods deposited in his hands; having power to sell the goods, if the principal sum and the interest thereon be not paid within a specified time.

1. Advantages and Disadvantages of Pawnbroking. — The practice of impledging or pawning goods, in order to raise loans, is one that must necessarily always exist in

But

civilised societies, and is, in many cases, productive of advantage to the parties. it is a practice that is extremely liable to abuse. By far the largest proportion of the bona fide borrowers of money on pawn consist of the lowest and most indigent classes; and were the lenders not subjected to any species of regulation, advantage might be taken (as, indeed, it is frequently taken, in despite of every precaution) of their necessities, to subject them to the most grievous extortion. But, besides those whose wants compel them to resort to pawnbrokers, there is another class, who have recourse to them in order to get rid of the property they have unlawfully acquired. Not only, therefore, are pawnbrokers instrumental in relieving the pressing and urgent necessities of the poor, but they may also, even without intending it, become the most efficient allies of thieves and swindlers, by affording them ready and convenient outlets for the disposal of their ill-gotten gains. The policy of giving legislative protection to a business so liable to abuse, has been doubted by many. But though it were suppressed by law, it would always really exist. An individual possessed of property which he may neither be able nor willing to dispose of, may be reduced to a state of extreme difficulty; and in such case, what can be more convenient or advantageous for him than to get a loan upon a deposit of such property, under condition that if he repay the loan, and the interest upon it, within a certain period, the property will be returned? It is said, indeed, that the facilities of raising money in this way foster habits of imprudence; that the first resort for aid to a pawnbroker almost always leads to a second; and that it is impossible so to regulate the business, as to prevent the ignorant and the necessitous from being plundered. That this statement, though exaggerated, is to a certain extent true, no one can deny. On the other hand, however, the capacity of obtaining supplies on deposits of goods, by affording the means of meeting pressing exigencies, in so far tends to prevent crime, and to promote the security of property; and it would seem as if the desire to redeem property in pawn would be one of the most powerful motives to industry and economy. At the same time, too, it must be borne in mind, that it is not possible, do what you will, to prevent those who are poor and uninstructed from borrowing; and that they must. in all cases, obtain loans at a great sacrifice, and be liable to be imposed upon. But the fair presumption is, that there is less chance of any improper advantage being taken of them by a licensed pawnbroker, than by a private and irresponsible individual. Although, however, the business had all the inconveniences, without any portion whatever of the good which really belongs to it, it would be to no purpose to attempt its suppression. It is visionary to imagine that those who have property will submit to be reduced to the extremity of want, without endeavouring to raise money upon it. Any attempt to put down pawnbroking would merely drive respectable persons from the trade, and throw it entirely into the hands of those who have neither property nor character to lose. And hence the object of a wise legislature ought not to be to abolish what must always exist, but to endeavour, so far at least as is possible, to free it from abuse, by enacting such regulations as may appear to be best calculated to protect the ignorant and the unwary from becoming the prey of swindlers, and to facilitate the discovery of stolen property.

2. Obligations under which Pawnbrokers should be placed. - For this purpose it seems indispensable that the interest charged by pawnbrokers should be limited; that they should be obliged to give a receipt for the articles pledged, and to retain them for a reasonable time before selling them; that the sale, when it does take place, should be by public auction, or in such a way as may give the articles the best chance for being sold at a fair price; and that the excess of price, if there be any, after deducting the amount advanced, and the interest and expenses of sale, should be paid over to the original owner of the goods. To prevent pawnbrokers from becoming the receivers of stolen goods, they should be liable to penalties for making advances to any individual unable to give a satisfactory account of the mode in which he became possessed of the property he is desirous to pawn; the officers of police should at all times have free access to their premises; and they should be obliged carefully to describe and advertise the property they offer for sale.

3. Law as to Pawnbrokers.-It may appear singular that pawnbrokers should hardly have been named in any legislative enactment till after the middle of last century. It was enacted by the 30 Geo. 2. c. 24. that a duplicate or receipt should be given for goods pawned; and that such as were pawned for any sum less than 10. might be recovered any time within two years, on payment of the principal and interest; but the rate of interest was not fixed. This defect was supplied by the 25 Geo. 3. c. 48.; but the act 39 & 40 Geo. 3. c. 99. contains the latest and most complete regulations on the subject.

Every person exercising the trade of a pawnbroker must take out a licence, renewable annually, 10 days at least before the end of the year, for which he shall pay, within the cities of London and Westminster, and the limits of the twopenny post, 154., and every where else, 71. 10s. No person shall keep

more than 1 house by virtue of 1 licence; but persons in partnership need only take out I licence for 1 house. All persons receiving goods by way of pawn or pledge for the repay ment of money lent thereon, at a higher rate of interest than 5 per cent, to be deemed pawnbrokers.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

Pawnbrokers are to give farthings in exchange. Persons applying to redeem goods pawned within 7 days after the first cal ndar month after the same shall have been pledged, may red em the same without paying any thing for the first 7 days; and, upon applying before the expiration of 14 days of the second calendar month, sha'l be at liberty to redeem such goods, upon paying the profit payable for 1'calendar month and the half of another; and in all cases where the parties so entitled, and applying as aforesaid, after the expiration of the first 14 days, and before the expiration of the second month, the pawnbroker is allowed to take the interest of the whole second month; and the same regulations and restrictions shall take place in every subsequent month.

When good are pained for more than 3s., the pawnbroker, before advancing the money, shall immediately enter in his books a description of the pawn, the money lent thereon, the day of the menth and year, the name of the person pas ning and the name of the street, and number of the house, if nunbered, where such person re ides, and use of the letter L, if the person be a lodger, and the letters H K, if a housekeeper; and also the name and abode of the owner of the party offering such pledge; and if the money lent shall not exceed 5., such entry shall be made within 4 hours after the goods shall have been pawned; and the pawnbroker shall, at the time of taking the pawn, give to the person so pawning a duplicate, corresponding with the entry in the book, which the party pawning shall take in all cases; and the pawnbroker shall not receive any pledge, unless the party so pawning shall receive such duplicite.

Rutes payable for Duplicates.

If under 5.

£. d.
gratis.
0 0 0

· 0 0 1
002
-004

58. and under 10s. 10. and under 20s. 20. and under 5. 51. and upwards The duplicate to be produced to the pawnbroker before he shall be compelled to redeliver the respective goods and chattels, except as herein-after excepted.

The amount of profits on duplicates shall be added on pledges rede med, and such duplicate shall be kept by the pawnbroker for 1 year.

Persons pawning other people's goods without their consent may be apprehended by the warrant of 1 justice, and convicted in a penalty not exceeding 51. nor less than 20%, and the full value of the goods pawned; and if the forfeiture be not immediately paid, the justice shall commit the party to the house of correction, to be kept to hard labour for 3 calendar months; and if within 3 days before the expiration of the commitment the forfeiture shall not be paid, the justice may order the person to be publicly whipped, and the forfeitures shall be appled towards making satisfaction to the party injured, and defraying the costs; but if the party injured shall decline to accept such satisfaction and costs, or if there be any overplus, such forfeitures or overplus shall be paid to the poor of the parish.

Persons forging or counterfeiting duplicates may be seized and delivered to a constable, who shall convey them before a justice; and, upon conviction, such person shall be committed to the house of correction for any time not exceeding 3 calendar months.

Prons offering pledges, not giving a satisfactory account of themselves, or the means by which they became possessed of such goods, or wilfully giving any false information, or if there cha'l be reason to suspect that such goods are stolen, or illegally obtained, or if any person not entitled to redeem goods in pawn shall endeavour to redeem the same, they may be

seized and delivered to a constable, to be carried before a justice; and if there should appear ground for a second examination, they shall be committed to the common gaol or house of correction, to be dealt with according to law; or where such proceedings are not authorised by the nature of the offence, the party shall be committed for any time not exceeding 3 calendar months.

Persons buying or taking in pledge unfinished goods, linen, or apparel, intrusted to others to wash or mend, shall forfeit double the sun lent, and restore the goods

Peace officers are empowered to search for unfinished goods which shall be come by unlawfully.

When goods are unlawfully pawned, the pawnbroker is to restore then; and their houses may be searched during the hours of business, by a warrant from a magistrate for the dis covery of such property.

Persons producing notes or memorandums are to be deemed the owners of the property.

Where duplicates are lost, the pawnb oker, upon affidavit made by the owner of such loss before a inagistrate, shall deliver another duplicate.

Goods pawned are deemed forfeited at the end of a year; but, on notice froin persons having goods in pledge, 3 months further are to be allowed beyond the year for redemption; such notice to be given before the twelvemonth is expired.

All goods pawned may be sold at the expiration of one whole year; and all goods so forfeited, on which above 10s, and not exceeding 107. shall have been I ́nt, shall be sold by public auction, and not otherwise; notice of such sa'e being twice given, at least 3 days before the auction, in a public newspaper, upon pain of forfeiting to the owner of the goods not more than 5. nor less than 2.

All pictures, prints, books, bronzes, statues, busts, carvings in ivory and mart le, cameos, intaglios, musical, mathematical and philosophical instruments, and china, shall be sold by themselves, and without other goods, 4 times only in every year; viz. on the 1st Monday in January, April, July, and October, in every year.

Pawnbrokers are not to purchase goods, while in their custody, nor take in pledges from persons under 12 years of age, or intoxicated; nor take in any goods before 8 in the forendon or after in the evening between Michaelmas-day and Ladyday, or before 7 in the forenoon or after 9 in the evening during the remainder of the year, excepting only until 11 on the evenings of Saturday, and the evenings preceding Good Friday and Christmas-day, and every fast or thanksgiving day. An account of the sale of pledges for more than 10s. is to be entered by pawnbrokers in a book, and the surplus is to be paid to the owner of the goods pawned, if demanded within three years of the sale, under penalty of 101. and treble the sum lent.

Pawnbrokers are to place in view the table of profits; and their name and business is to be placed over the door, on penalty of 10.

Pawnbrokers injuring goods, or selling them before the time specified, shall, upon application to a magistrate, be compelled to make satisfaction for the same; and if the satisfaction awarded shall be equal to or exceed the principal and profits, the pawnbroker shall deliver the goods pledged to the owners without being paid any thing for principal or profit.

Pawnbrokers shall produce their books before a magistrate; or, refusing so to do, shall forfeit a sum not exceeding 107. nor less than 51.

Pawnbrokers offending against this act, shall forfeit for every offence not less than 40, nor more than 10.

It has been held by the Court of King's Bench, that a pawnbroker has no right to sell unredeemed pledges, after the expiration of a year from the time the goods were pledged. if, while they are in his pos ession, the original owner tender him the principal and interest due. (Walter v. Smith, 22d of January, 1820.) On a motion for a new trial, Lord Tenterden said, "I am of opinton, that if the pledge be not redeemed at the expiration of a year and a day, and no notice given that 3 months further are to be allowed for its redemption,) the pawnbroker has a right to expose it to sale so soon as he can, consistently with the provisions of the act: but if at any time before the sale has cctually taken place, the owner of the goods tender the principal and interest, and expenses incurred, he has a right to his goods, and the pawnbroker is not injured; for the power of sale is allowed him merely to secure to him the money which he has advanced, together with the high rate of interest which the law allows to him in his character of pawnbroker”

Such is the present state of the law with respect to pawnbrokers. On the whole, the regulations seem to be judiciously devised. Perhaps, however, the rate of interest on small deposits might be advantageously lowered. The law allows interest at the rate of d. per month to be charged on loans of 2s. 6d., which is at the rate of 20 per cent. : but the same sum of d. per month is exigible from all smaller loans; and as very many do not exceed 1s. 6d., and even 6d., the interest on them is exceedingly oppressive. No doubt there is a great deal of trouble with respect to such loans; but still, considering the vast number of advances under 2s. 6d., it would seem that the interest on them might be somewhat reduced. Perhaps, too, it might be advisable, still better to secure compliance with the statute, to enact that no one should be licensed as a pawnbroker without producing sufficient security for a certain sum, to be forfeited in the event of his knowingly or wilfully breaking or evading any of its provisions. This would prevent (what Colquhoun says is not an uncommon practice) swindlers from becoming pawnbrokers, in order to get the means of selling stolen goods. — (Treatise on the Police of the Metropolis, 2d ed. p. 156.)

It would be a useful regulation to oblige pawnbrokers to insure against losses by fire. Much mischief has been occasioned by the neglect of this precaution.

The duties on pawnbrokers' licences produced, in 1841, 16,3654.

« AnteriorContinua »