First Previous (PART III Pawning, Redemption and Sale of Pledges) Next (FIRST SCHEDULE Enactments Repealed)

31 1964

PAWNBROKERS ACT, 1964

PART IV

Supplemental and Miscellaneous

Notification by Garda Síochána of lost and stolen property.

35. —(1) It shall be the duty of every Superintendent of the Garda Síochána to notify forthwith and to give a full description to all pawnbrokers within the district to which he is attached of any property lost, stolen or otherwise fraudulently obtained or disposed of.

(2) Where a pawnbroker is offered or shown or has in his possession property of a description notified to him under subsection (1) of this section, he shall without delay inform a member of the Garda Síochána at the nearest Garda Síochána station of the fact and shall take all reasonable steps to detain any person offering or showing such property and seize the property and to deliver the person and the property as soon as practicable into the custody of a member of the Garda Síochána.

(3) A pawnbroker who fails to comply with a requirement of subsection (2) of this section shall be guilty of an offence.

Persons presenting pawn-tickets suspected to be counterfeit.

36. —(1) If any person utters, produces, shows or offers to a pawnbroker a pawn-ticket which the pawnbroker reasonably suspects to have been counterfeited, forged or altered, the pawnbroker shall take all reasonable steps to detain the person and seize the pawn-ticket and to deliver the person and the pawn-ticket as soon as possible into the custody of a member of the Garda Síochána.

(2) A pawnbroker who fails to comply with subsection (1) of this section shall be guilty of an offence.

Duty of pawnbroker in certain suspicious circumstances.

37. —(1) Where it appears to a pawnbroker that—

(a) the circumstances in which a person offers an article to him by way of pawn are suspicious, or

(b) the person attempting to redeem a pledge has no right or bona fide claim of right to redeem the pledge,

the pawnbroker shall require the person to inform him of the means by which the article or the pawn-ticket, as the case may be, came into his possession.

(2) Where a person who is required by a pawnbroker to give information under subsection (1) of this section is unable or refuses to give to the pawnbroker a satisfactory account of himself or of the means by which the article or the pawn-ticket in question came into his possession, or gives any information about the article or pawn-ticket or about his name or address or the name or address of the owner of the article which appears to the pawnbroker to be false, or if the pawnbroker has any other reason to suspect that the article or pawn-ticket has been stolen or otherwise unlawfully or wrongfully obtained, the pawnbroker shall immediately report the circumstances to a member of the Garda Síochána at the nearest Garda Síochána station and shall take all reasonable steps to detain the person and seize the article or pawn-ticket and to deliver the person and the article or pawn-ticket as soon as practicable into the custody of a member of the Garda Síochána.

(3) A pawnbroker who fails to comply with any requirement of this section shall be guilty of an offence.

Persons escaping from or obstructing pawnbroker.

38. —Where any person—

(a) escapes or attempts to escape while a pawnbroker is detaining or attempting to detain him in accordance with this Act, or

(b) obstructs or attempts to obstruct a pawnbroker while he is seizing or attempting to seize any thing in accordance with this Act,

that person shall be guilty of an offence.

Defence for pawnbroker.

39. —Where proceedings, whether civil or criminal, are brought against a pawnbroker in respect of anything done by him in the course of detaining or attempting to detain any person, or seizing or attempting to seize any thing, in accordance with a requirement of this Act, it shall be a good defence for him to prove that anything so done was done upon reasonable grounds and in the bona fide belief that the detaining or seizing was necessary under this Act.

Storing of pledges and compensation for damage.

40. —(1) It shall be the duty of every pawnbroker to store in a proper manner in his licensed premises all pledges pawned with him until such time as each pledge is redeemed or disposed of in accordance with this Act.

(2) The District Court, if satisfied on the application of a person entitled and offering to redeem a pledge that, by reason of any wilful act or default of the pawnbroker with whom the pledge was pawned, the pledge is lost, destroyed or is of less value than it was at the time of pawning, may, if it thinks fit, award to the person reasonable compensation.

(3) Any amount of compensation awarded under subsection (2) of this section shall be deducted from the sum payable to the pawnbroker, or, as the case may require, shall be paid by the pawnbroker, in such manner as the Court may direct.

Liability of pawnbroker in case of damage caused by fire.

41. —(1) Where a pledge is damaged or destroyed by or in consequence of fire, the pawnbroker with whom the pledge was pawned shall, subject to the provisions of this Act, if the pawn-ticket in respect of the pledge is tendered to him before the expiry of the period within which the pledge would have been redeemable, pay to the ticket holder an amount equal to one-half of the amount of the loan.

(2) A pawnbroker shall have an insurable interest in a pledge to the extent of the sum of the amount of the loan and the interest and lawful charges thereon and one-half of the amount of the loan.

(3) A pawnbroker who fails to comply with subsection (1) of this section shall be guilty of an offence.

Unauthorised alteration of engravings.

42. —(1) A person shall not alter or deface any engraving upon any watch, piece of family plate or other article unless he is authorised by the owner to do so.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

Contracts not void on account of conviction of pawnbroker.

43. —(1) Subject to the provisions of this Act, where a pawnbroker is convicted of an offence under this Act (not being an offence under the provisions relating to licences) any contract made by him with a pawner or otherwise in relation to his business shall not be void by reason only of the conviction, nor shall he lose his lien on or right to the pledge or to the loan and the interest and lawful charges thereon by reason only of the conviction.

(2) Nothing in this section shall restrict the operation of any provision of this Act providing for the delivery by order of a court to the lawful owner of any goods or chattels unlawfully pawned.

Attendance of pawnbroker before court and production of books, etc.

44. —(1) A pawnbroker shall, when so ordered by any court, attend before the court and shall produce any books, records or documents kept by him under this Act which he is required by the court to produce.

(2) Without prejudice to subsection (1) of this section, a copy of an entry in a pledge book or sale book shall, in all legal proceedings, whether civil or criminal, be received as prima facie evidence of such entry and of the matters, transactions and accounts therein recorded if it is proved on the oral evidence of some person who has examined the copy with the original entry that the copy has been so examined and is correct.

(3) Where a pawnbroker attends before a court on an order of the court, he shall be entitled to be paid expenses on a scale corresponding to the scale for the time being at which the expenses of witnesses summoned and attending on behalf of the prosecution are paid.

(4) A pawnbroker who fails to comply with any requirement of subsection (1) of this section shall be guilty of an offence.

Frivolous complaints.

45. —The District Court, if satisfied that any complaint in respect of an offence against this Act has been brought before it on insufficient grounds, may order the complainant to pay to the defendant such sum not exceeding ten pounds as the Court may think proper by way of compensation for loss of time and expense.

Power of entry, etc.

46. —(1) A member of the Garda Síochána may enter at all reasonable times any premises in respect of which a pawnbroker's licence is in force and may inspect the premises and any articles therein and may call for the production of and examine any books, catalogues, documents or records kept in the premises.

(2) (a) Where a member of the Garda Síochána finds in the course of an inspection under this section any article which he has reasonable grounds for believing to have been stolen, unlawfully obtained or unlawfully pawned, he may seize, carry away and detain the article or impound the article in the pawnbroker's premises.

(b) Where a member of the Garda Síochána carries away an article under this subsection, he shall give to the pawnbroker a receipt for the article.

(c) Where a member of the Garda Síochána impounds an article under this subsection, the pawnbroker shall, when so requested by a member of the Garda Síochána, produce the article at the hearing of the application provided for by subsection (3) of this section.

(3) Where a member of the Garda Síochána detains or impounds any article under this section, he shall, as soon as is reasonably possible, apply to the District Court for an order for the disposition of the article and, on such application, the Court shall—

(a) if satisfied that the article was stolen, unlawfully obtained or unlawfully pawned, order the return of the article to its owner, and

(b) in any other case, order the return of the article to the pawnbroker concerned.

(4) The Court, when making an order under this section for the return of an article to its owner, may order such return either with or without payment by the owner to the pawnbroker of the whole or part of the amount of the loan obtained by virtue of the pawning of the article and shall have regard to any failure on the part of the owner to exercise reasonable care in the protection of his property, except to the extent that the pawnbroker has been unjustly enriched.

(5) A member of the Garda Síochána shall not exercise the powers conferred by this section unless he is authorised in writing so to do by a member of the Garda Síochána not below the rank of inspector and, when exercising any of such powers, he shall, if requested by any person affected, produce the authorisation.

(6) A person—

(a) who obstructs or interferes with a member of the Garda Síochána in the exercise of a power conferred by this section, or

(b) who, on being called on under this section by a member of the Garda Síochána to produce any book, catalogue, document or record in his power, possession or procurement, refuses to do so, or

(c) who fails to comply with a request under paragraph (c) of subsection (2) of this section,

shall be guilty of an offence.

Penalties for offences.

47. —(1) A person who is guilty of an offence under section 7 shall be liable on summary conviction to an excise penalty of one hundred pounds.

(2) A person who is guilty of an offence under section 12 shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

(3) A person who is guilty of an offence under any other section of this Act shall be liable on summary conviction to—

(a) a fine not exceeding fifty pounds and, in the case of a continuing offence, a further fine not exceeding two pounds for every day during which the offence is continued, or

(b) imprisonment for a term not exceeding six months, or

(c) both such fine or fines and such imprisonment.