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31 1964

PAWNBROKERS ACT, 1964

PART I

Preliminary and General

Short title and commencement.

1. —(1) This Act may be cited as the Pawnbrokers Act, 1964.

(2) This Act shall come into operation on such day as may be fixed therefor by order of the Minister.

Definitions.

2. —In this Act, save where the context otherwise requires—

licence” means a licence under section 8;

the Minister” means the Minister for Justice;

pawnbroker” includes any person who carries on the business of taking goods and chattels in pawn and in particular (but without prejudice to the generality of the foregoing) includes any person who—

(a) receives or takes from any other person any goods or chattels by way of security for the repayment of any sum of money not exceeding fifty pounds advanced thereon; or

(b) purchases, or receives or takes in, goods or chattels and pays or advances or lends thereon any sum of money not exceeding fifty pounds with or under an agreement or understanding expressed or implied or from the nature of the transaction to be reasonably inferred that those goods or chattels may be afterwards redeemed or purchased on any terms;

pawner” means a person delivering an article for pawn to a pawnbroker;

pawn-ticket”, except in section 14, includes a special contract pawn-ticket;

pledge” means an article pawned with a pawnbroker;

redemption period” means a period, commencing on the day next following the date of pawning, within which a pawnbroker may not lawfully sell or dispose of a pledge.

Application.

3. —This Act applies to every transaction entered into after the commencement of this Act in respect of a pledge on which a loan or advance not exceeding fifty pounds is made by a pawnbroker to a pawner but does not apply to any other transaction.

Servants, agents and representatives of pawnbrokers.

4. —(1) Anything authorised by this Act to be done by a pawnbroker may be done by his servant or agent.

(2) For the purposes of this Act, anything done or omitted by a servant or agent of a pawnbroker in the course of the business of the pawnbroker shall be deemed to be done or omitted, as the case may be, by the pawnbroker.

(3) The provisions of this Act relating to pawnbrokers shall have effect in relation to executors and administrators of deceased pawnbrokers, but an executor or administrator of a deceased pawnbroker shall not be personally liable to any penalty not incurred by his own act or default.

Transmission of rights, etc., of pawners.

5. —(1) Any rights, powers, privileges and benefits reserved to or conferred on pawners by this Act shall be deemed to be reserved to and conferred on the assignees of pawners and the executors and administrators of deceased pawners.

(2) Any person representing himself to a pawnbroker to be the assignee of a pawner or the executor or administrator of a deceased pawner shall, if so required by the pawnbroker, produce to him the instrument under which he claims.

Repeals and transitory provision.

6. —(1) The enactments set out in the First Schedule are hereby repealed to the extent specified in the third column of that Schedule.

(2) Notwithstanding the repeal of the said enactments, those enactments shall, until the 31st day of July, 1965, continue to have effect for the purpose of the grant of a pawnbroker's licence to a person who is not at the commencement of this Act the holder of such licence.