because that debt has been secured to him by the delivery of the pawn (a).

The pawnee, like other bailees, may become liable in damages for loss of profit through his failure to fulfil his contract, [as by redelivering the pawn on tender of the redemption money], if he has express or implied notice of the purpose for which redelivery is sought, and the probable consequences of refusal (b).

The expenses chargeable by a pawnee will be subject to similar limitations as those of a ship owner, who, as a bailee of cargo, is entitled to a lien thereon for charges properly incurred (c), but not to extra charges, commissions, &c., in respect of services performed in saving the cargo for the purpose of earning his own freight (d).

(a) Black v. Homersham, L.R. 4 Ex. D. 24, 48 L.J. 79 Ex., 39 L.T. N.S. 671, 27 W.R. 171, where the purchaser of shares was held entitled to a dividend declared after sale, but before completion.

(b) Simpson v. London & North Western Railway Coy., L.R. 1 Q.B.D. 274, 45 L.J. 182 Q.B., 33 L.T. N.S. 805, 24 W.R. 294.

(e) Hingston v. Wendt, L.R. 1 Q.B.D. 267, 45 L.J. 440 Q.B.D., 34 L.T. N.S. 181, 24 W.R. 664.

(d) Schuster v. Fletcher, L.R. 3 Q.B.D. 418, 47 L.J. 530 Q.B., 26 W.R. 756.

CHAPTER X.

THE STATUTORY LIABILITIES OF THE PAWNEE.

The liabilities noticed in the preceding chapter, attach by operation of law, and unless they are modified or excluded by special contract, every pawnee impliedly assumes them by the very act of taking a pledge. To such Common Law obligations, additions have from time to time been made by various statutes, affecting all pawnees, by rendering pledges of certain classes of goods and chattels unlawful, the most important of which are enumerated in the chapter on Invalid and Unlawful Pledges (a).

A third class of obligations has been imposed by statute on that particular class of pawnees who come within the legislative definition of the term "Pawnbroker," i.e., "a person who carries on the business of taking in pawn (b) goods and chattels upon which loans not exceeding £10 have been advanced (c). While the government of this country has wisely refrained from taking Pawnbroking under its own charge, by carrying on the business in establishments known in France and other countries by the name of Monts de Piété, nnder the direction of state paid officials, it has for a long period recognised the necessity of special legislation for this particular trade. By obligations thus imposed, every Pawnbroker is bound to take out a licence; to have his name painted outside his premises in a particular manner; to keep certain books;

(a) Ante cap. III., page 36.

(b) 35 & 36 Vict., cap. 93, secs. 5 & 6. (c) Ibid, sec. 10.

to give a ticket for every pawn he receives in charge; and to charge only certain specified rates of interest. The period during which the pawnor may redeem the pawn is the subject of distinct enactment, as are also the time and manner of selling unredeemed pledges. Special duties are cast upon him when property he believes or suspects to be stolen is offered to him in pledge, and he may also become liable to penal consequences upon failure or refusal to do certain acts in discharge of his Common Law liabilities (such as to deliver up the pawn on payment of the charges thereon), and, unlike other bailees, he is, to a limited extent, an insurer of the pawn.

A licence duty was first imposed upon Pawnbrokers by 25 Geo. 3, cap. 48, which fixed the amount at £10 for London and £5 for the country. By 55 Geo. 3, cap. 184, these duties were raised to £15 and £7 10s. respectively. In 1872, upon the recommendation of the Parliamentary Committee previously mentioned (a), a uniform duty of £7 10s. was made payable by all Pawnbrokers in Great Britain (6). This licence dates from the day of issue, and whenever issued, expires on the 31st day of the next following July. A separate licence must be taken out for each shop kept by a Pawnbroker (c). Trading without such licence renders the Pawnbroker liable to a penalty of £50. All provisions contained in any Act relating to excise licences, duties, or penalties, and in force at the commencement of the Pawnbrokers' Act, 1872, apply to and have full effect with respect to the Pawnbrokers, licence, and to the duty, and penalty incident thereto (b). The short clause just quoted incorporates with the Pawnbrokers' Act, 1872, portions of many Acts relating

(a) Ante page 10.

(b) 35 & 36 Vict., cap. 93, sec. 37.

(c) A Pawnbroker who resides at a private house, apart from his business premises, is liable to penalties if he transacts business there without previously obtaining a licence for such house.

K

to Inland Revenue. Some of the chief provisions of these Acts may be briefly noted. 7 and 8 Geo. 4., cap. 53, authorises the appointment of Commissioners of Excise, whose powers were, by 12 and 13 Vict., cap. 1, sec. 1, transferred to the Board of Inland Revenue. Under these Acts, licensed traders are responsible for such fraudulent acts of their servants as may imperil the revenue, though done in the employers' absence, and without their knowledge (a). Penalties may (7 and 8 Geo. IV., cap. 53, sec. 57) be sued for in the Superior Courts within three years next after offence committed or penalty incurred; but (sec. 61) no action, bill, plaint, information, or other legal proceeding can be commenced against any person, except by order of the Commissioners, or at the suit of the Attorney General, Solicitor General, or Lord Advocate, thus preventing statutes passed for revenue purposes from being made instruments of extortion by common informers. Informations may (sec. 65) be exhibited in London before three Commissioners, or (by 15 & 16 Vict., cap. 61, sec. 1) before any City or Metropolitan Magistrate, at the option of the Board. Elsewhere, proceedings must be taken before the local justices. Any officer of Inland Revenue, or other person employed or authorised by the Commissioners may (15 & 16 Vict., cap. 61, sec. 3) conduct proceedings on their behalf before justices. Offenders may (7 and 8 Geo. IV., cap. 53, sec. 70) be prosecuted jointly or severally. Proof of payment of duties lies (sec. 76) on the defendant. Either the Commissioners or the justices were allowed to mitigate penalties to not less than one-fourth of the maximum, and the Commissioners might further mitigate or wholly remit them. Magistrates occasionally overlooked this restriction upon their power to mitigate penalties, and inflicted very small fines on Pawnbrokers convicted

(a) Attorney General v. Siddons, 1 C. & J. 220.

of offences against the Licensing Laws, instead of keeping within the power to mitigate given by the Statute, and recommending the Commissioners to grant a still further remission when such a course seemed justified by the circumstances. But this limitation of their power has recently been removed by the Summary Jurisdiction Act, 1879, which provides that where Courts of Summary Jurisdiction may impose pecuniary penalties for offences against any past or future Act, they may reduce the amount of the penalty (a) if it be imposed for a first offence, and notwithstanding any special provisions to the contrary in any Act relating to the Revenues, the said Act shall apply to all Revenue proceedings before Justices (b).

Parties aggrieved by the Commissioners' decisions may (7 and 8 Geo. 4, cap. 53, sec. 82) appeal to a Judge of the Court of Exchequer (4 Vict., cap. 20, secs. 2630). Or, since the consolidation of the ancient Common Law Courts at Westminster into the Queen's Bench Division of the High Court of Justice (c), to a Judge of that Division. By express enactment (d) it has been provided that such appeals must be re-heard on the same evidence as was brought before the inferior tribunal, fresh evidence on either side being forbidden. But it is doubtful whether this rule has not been impliedly repealed by the Judicature Acts (e). If the Attorney General or Lord Advocate be satisfied that there was no intent to defraud, he may (sec. 97) stop proceedings commenced by him, by entering a nolle prosequi or otherwise (sec. 98). The Commissioners, when similarly satisfied, may compound or compromise prosecutions by payment of money, or on any

(a) 42 & 43 Vict., cap. 49, sec. 4. (b) Ibid, sec. 53.
(c) By Order in Council, Dec. 16, 1880.

(d) 7 & 8 Geo. 4, cap. 53, sec. 84.

(e) 36 & 37 Vict., cap. 66; 38 & 39 Vict., cap. 77.