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20 & 21 Vict.

c. 83.

Appeal.] By sect. 4, an appeal is given; it enacts,-that any person aggrieved by any act or determination of such magistrate or justices may appeal to the next general or quarter sessions for the county, &c. in and for which such magistrate or justices have so acted, giving to the magistrate or justices notice in writing of such appeal, and of the grounds thereof, within seven days after such act or determination, and before the next general or quarter sessions [see 12 & 13 Vict. c. 45, s. 1, ante, p. 252, Note 5, as to length of notice before the sessions], and entering within such seven days into a recognizance, with sufficient surety, before a justice of the peace for the county, &c. personally to appear and prosecute such appeal, and to abide the order of and pay such costs as shall be awarded by the quarter sessions,--and the general or quarter sessions shall hear and determine the matter of such appeal, and shall make such order therein as shall to the said court seem meet; and such court, upon hearing and finally determining such appeal, shall and may, according to their discretion, award such costs to the parties appealing or appealed against as they shall think proper; and if such appeal be dismissed or decided against the appellant, or be not prosecuted, such court may order the articles seized forthwith to be destroyed;-provided always, that it shall not be lawful for the appellant on the hearing of any such appeal to go into or give evidence of any other grounds of appeal against any such order, act or determination than those set forth in such notice of appeal.

PARLIAMENT. See "Elections (Parliamentary)."

PASSPORTS.

By the 4th Regulation of the Foreign Office, dated 16th July, 1870, as to the issue of passports, it is provided,-"4. Passports are granted to all persons either known to the secretary of state or recommended to him by some person who is known to him; or upon the application of any banking firm established in London or in any part of the United Kingdom; or upon the production of a certificate of identity signed by any mayor, magistrate, justice of the peace, minister of religion, physician, surgeon, solicitor or notary resident in the United Kingdom." The form of recommendation is as follows:

[Name of place and day of the month.]
The undersigned, Mayor of
Chief Magistrate of
Magistrate for

Justice of Peace for

hereby certifies that A. B. [christian and surname to be written at full length] (whose signature in full is written in at foot) is a [naturalized, if so British subject, and requires a passport to enable him to proceed to

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[or to travel on the continent], [accompanied by his wife and

children,

with their tutor named C. D. (christian and surname to be written at length),

a (naturalized, if so) British subject, and servants, and man servants, named E. a (naturalized, if so) British subject.]

(Signature of Magistrate)

(Signature of Applicant.)

governess, and

maid

F., &c. (names at full length),

[Christian name and surname
to be written at length.]

The stamp duty on passports is 6d. (Stamp Act, 1870, 33 & 34 Vict. c. 97, Sched. "Passport.")

PAWNBROKERS.

The subject of the liability of pawnbrokers and pawners, as far as it comes within the limits of summary convictions, is fully treated under the head of "Pawnbrokers," ante, Vol. I. pp. 650-658. There are, however, some special matters appertaining to this head to which it will be well here to refer.

I. Pawnbrokers' Certificates.

II. Other Matters.

I. As to Pawnbrokers' Certificates.

Licence not to be granted without a Justice's Certificate.] After the 35 & 36 Vict. passing of "The Pawnbrokers' Act, 1872" (35 & 36 Vict. c. 93), a c. 93. pawnbroker's licence is not to be granted to any person except on the production and in pursuance of the authority of a certificate granted under the act; save, that it is not to be necessary for any person being at the commencement of the act a licensed pawnbroker, or for his executors, administrators, assigns or successors to obtain such a certificate (sect. 39).

Who to grant Certificates.] Certificates under the act are to be granted (as regards England) in the metropolitan police district by a magistrate sitting in any police court in the metropolis having jurisdiction in the district where the application is made, and in any place within the jurisdiction of a stipendiary magistrate, by that magistrate; and in other places by the justices of the petty sessional division assembled at petty sessions specially convened for that purpose (sect. 40).

Form of Duration of Certificate.] A certificate under the act is to be in the form given in the 6th schedule of the act, or to the like effect, and is to be in force for one year from its date (sect. 41).

Form of Certificate of Justices.

I [or we] [here insert description of the magistrate or justices] do authorize the grant to A. B. of, in the county of of a licence to carry on

the business of a pawnbroker within the township of [or parish of
, or other place, as the case may be].
Witness my hand [or our hands], this

day of

18-.

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35 & 36 Vict.

c. 93.

Notice of first Application for a Certificate.] A person inte to apply for the first time for a certificate under the act is t ceed as follows:

(1.) Twenty-one days at least before the application he is t notice by registered letter sent by post of his intent one of the overseers of the poor of the parish or pla which he intends to carry on business, and to the su tendent of police of the district, and in the notice he set forth his name and address:

(2.) Within twenty-eight days before the application he cause a like notice to be affixed and maintained betwee o'clock in the morning and five o'clock in the afterno two consecutive Sundays, on the principal door, or on the doors, of the church or chapel of the parish or plac if there is none, then on some other public and conspic place in the parish or place (sect. 42).

Grounds of Refusal of Certificate.] An application for a ce cate is not to be refused, except on the following grounds or on them :

(1.) That the applicant has failed to produce satisfactory evid

of good character:

(2.) That the shop in which he intends to carry on the busi of a pawnbroker, or any adjacent house or place owned occupied by him, is frequented by thieves or persons of character:

(3.) That he has not complied with the last preceding sect (sect. 43).

A right of appeal against a refusal to grant a certificate is gi by sect. 52 (see the conditions of appealing set out ante, Note S p. 653).

II. Other Matters.

Compensation for Depreciation of Pledge.] If a person entit and offering to redeem a pledge shows to the satisfaction of a co of summary jurisdiction that the pledge has become or has be rendered of less value than it was at the time of the pawning there by or through the default, neglect, or wilful misbehaviour of t pawnbroker, the court may, if it thinks fit, award a reasona satisfaction to the owner of the pledge in respect of the damag and the amount awarded is to be deducted from the amount pay able to the pawnbroker, or is to be paid by the pawnbroker (as case requires) in such manner as the court directs (35 & 36 Vic c. 93, s. 28).

Search Warrant for Articles unlawfully pawned.] If the owne of any linen, or apparel, or unfinished goods or materials intruste to any person as aforesaid [as mentioned in sect. 35], and unlaw

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c. 93.

fully pawned with a pawnbroker, or the owner of any other article 35 & 36 Vict. unlawfully pawned with a pawnbroker (the last-mentioned owner having on oath satisfied the justice that his goods have been unlawfully obtained or taken from him), makes out on oath before a justice that there is good cause to suspect that a pawnbroker has taken in pawn the linen, apparel, goods, materials or article aforesaid without the privity or authority of the owner, and makes appear to the satisfaction of the justice probable grounds for such suspicion, the justice may issue his warrant for searching within the hours of business the shop of the pawnbroker.

If the pawnbroker, on request by a constable authorized by a warrant, refuses to open the shop and permit it to be searched, a constable may break it open within the hours of business, and search as he thinks fit therein for the linen, apparel, goods, materials or articles aforesaid, doing no wilful damage; and if any pawnbroker or other person opposes or hinders the search, he is to be guilty of an offence against the act.

If, on the search, any linen, apparel, goods, materials or articles aforesaid is or are found, and the property of the owner thereof is made out to the satisfaction of a court of summary jurisdiction, the court is to cause the same to be forthwith restored to the owner thereof (sect. 36). [For forms, see Oke's "Formulist," 6th ed. pp. 311-319.]

PEDLARS.

By "The Pedlars Act, 1871," 34 & 35 Vict. c. 96, which repealed 34 & 35 Vict. the Act of 1870, 33 & 34 Vict. c. 72, and came into operation on c. 96. the 1st January, 1872, no person is to act as a pedlar without the certificate from the chief officer of the police of the district in which such person resides, as in the act mentioned, under a penalty (sect. 4; see Offences 1, 2, Vol. I. p. 658); but this is not applicable to commercial travellers and others (sect. 23); 121 nor is the

121 Definition of "Pedlar"-To whom the Act does not extend.] By sect. 3 (inter alia), "the term 'pedlar' means any hawker, pedlar, petty chapman, tinker, caster of metals, mender of chairs, or other person who, without any horse or other beast bearing or drawing burden, travels and trades on foot and goes from town to town or to other men's houses, carrying to sell or exposing for sale any goods, wares, or merchandize, or procuring orders for goods, wares, or merchandize immediately to be delivered, or selling or offering for sale his skill in handicraft."

By sect. 23, Nothing in this act shall render it necessary for a certificate to be obtained by the following persons as such; (that is to say,)-1. Commercial travellers or other persons selling or seeking orders for goods, wares, or merchandize to or from persons who are dealers therein and who buy to sell again, or selling or seeking orders for books as agents authorized in writing by the publishers of such books:

2. Sellers of vegetables, fish, fruit, or victuals:

3. Persons selling or exposing to sale goods, wares, or merchandize in any public mart, market, or fair legally established."

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34 & 35 Vict. act to take away or diminish the powers of any local authority (sect. 24). The following are its principal provisions:

c. 96.

Grant of Certificate by Chief Officer of Police.] Sect. 5. "The following regulations shall be made with respect to the grant of pedlars' certificates:

1. Subject as in this act mentioned, a pedlar's certificate shall be
granted to any person by the chief officer of police of the
police district 122 in which the person applying for a cer-
tificate has, during one month previous to such application,
resided, on such officer being satisfied that the applicant is
above seventeen years of age, is a person of good character,
and in good faith intends to carry on the trade of a pedlar:
2. An application for a pedlar's certificate shall be in the form
specified in schedule two to this act, or as near thereto as
circumstances admit:

3. There shall be paid for a pedlar's certificate previously to the
delivery thereof to the applicant a fee of five shillings:
4. A pedlar's certificate shall be in the form specified in schedule
two to this act, or as near thereto as circumstances admit:
5. A pedlar's certificate shall remain in force for one year from
the date of the issue thereof, and no longer :

6. On the delivery up of the old certificate, or on sufficient evi-
dence being produced to the satisfaction of the chief officer
of police that the old certificate has been lost, that officer
may, either at the expiration of the current year, or during
the currency of any year, grant a new certificate in the same
manner as upon a first application for a pedlar's certificate.
In Great Britain one of her Majesty's principal secretaries of
state. . . . may from time to time provide for the expiration

122 Definition of "Police District" and "Chief Officer of Police."]-By sect. 3 (inter alia), "the term 'police district' means any of the districts mentioned in schedule one to this act, and the term chief officer of police' with reference to any police district means the officer mentioned in relation to that district in the said schedule, and such schedule with the notes thereto shall have effect as if it were enacted in this section." The purport of this schedule referred to is,-that the chief officer of police in the city of London, and the liberties thereof, exclusive of Southwark, is the commissioner of police of the city; in the metropolitan police district, the commissioner of police of the metropolis; and in any county, any riding, parts, division, or liberty of a county, any borough, or town maintaining a separate police force, the chief constable or head constable, or other officer, by whatever name called, having the chief command of the police in the district;-and by a note attached to the schedule, "all the police under one chief constable shall be deemed to constitute one police force" for the the purposes of such schedule.

By sect. 22, "Any act or thing by this act authorized to be done by the chief officer of the police may be done by any police officer under his command authorized by him in that behalf, and the term 'chief officer of police' in this act includes, in relation to any such act or thing, the police officer so authorized."

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