For No. of Pledge as in
Pledge-Book.

III.-SALE BOOK OF PLEDGES FOR LOANS OF ABOVE TEN
SHILLINGS.

[Date and place of Sale.]

[Name and place of business of Auctioneer.]

IV. DECLARATION WHERE PLEDGE CLAIMED BY OWNER.

Take notice, if this declaration is false, the person making it is punishable as for perjury.

Unless this printed form is taken before a magistrate and declared to, and signed, and delivered back to the Pawnbroker not later than the the articles mentioned in it will be delivered to any person producing the pawn-ticket.

day of

I, A. B. of in pursuance of The Pawnbrokers Act, 1872, do solemnly and sincerely declare that the article [or articles] described below, is [or are] my property, and that I believe they are pledged at the shop of

The article [or articles] above referred to is [or are] the following:

in pursuance

of the same act, do solemnly and sincerely declare that I know the person now making the foregoing declaration to be A. B.

of

Declared before me, one of her Majesty's Justices of the peace for the county of [Middlesex], this day of

187

V.-DECLARATION WHERE PAWN-TICKET LOST, &c.

Take notice, if this declaration is false, the person making it is punishable as for perjury.

Unless this printed form is taken before a magistrate and

Z

declared to, and signed, and delivered back to the Pawnbroker not later than the the articles mentioned

day of

in it will be delivered to any person producing the pawn-ticket.

of

I, A. B. brokers Act, 1872, do solemnly and sincerely declare that pledged at the shop of

[or articles] described below, being

in pursuance of The Pawn

Pawnbroker the article

property, and received

by

a pawn-ticket for the same, which has since been

And that the pawn-ticket has not been sold or transferred to any person by knowledge or belief.

or to

The article [or articles] above referred to is [or are] the following:

And I, C. D.

of

in pursuance

of the same act, do solemnly and sincerely declare that I know the person now making the foregoing declaration to be A. B.

of

VII. SPECIAL CONTRACT.

Special Contract under Act of Parliament.
Pawned with [John Smith,] Pawnbroker,
[236, High Street, Whitechapel,]
this [17th] day of [April, 1873,]

by [Henry Williams,] of [25, King Street, Holborn,]
for the sum of [forty-eight shillings,]
[One Marble Clock].

The following is to be printed on the front or back of the ticket.
Terms of the Special Contract.

The Pawnbroker charges

For this ticket.

Profit at the rate per calendar month of
After the first calendar month, any time not
exceeding fourteen days will be charged as
half a month, and any time exceeding
fourteen days and not more than one
month will be charged as one month.

The charge for storage of this pledge will be

per

calendar month, or any part of a month, in addition to the charges above mentioned.

This pledge is pawned for the period of

* months.

After the expiration of that time the pledge may be sold by auction by the Pawnbroker. But it may be redeemed by the

pawner at any time before the day of sale.

Within three years after sale the pawner may inspect the account of the sale in the Pawnbroker's books on payment of

and receive any surplus produced by the sale.

But deficit on sale of one pledge may be set off by the Pawnbroker against surplus on another.

If the pledge is destroyed or damaged by fire, the Pawnbroker will be bound to pay the value of the pledge, after deducting the amount of the loan and profit, such value to be the amount of the loan and profit and twenty-five per cent. on the amount of the loan, unless otherwise agreed upon by the pawner and Pawnbroker.

If this ticket is lost or mislaid, the pawner should at once apply to the Pawnbroker for a form of declaration to be made before a magistrate, or the Pawnbroker will be bound to deliver the pledge to any person who produces this ticket to him, and claims to redeem the same.

THE FOURTH SCHEDULE.

Profit and Charges allowed to Pawnbrokers.

Part I.-Profit on Loan.

A. On a loan of forty shillings or under-
For any time during which the pledge re-
mains in pawn not exceeding one month,
for every two shillings or fraction of two
shillings lent

For every month after the first, including the
current month in which the pledge is re-
deemed, although that month is not ex-
pired, for every two shillings or fraction
of two shillings lent

Provisoes.

One halfpenny.

One halfpenny.

1. If the pledge is redeemed before the end of the first fourteen days after the expiration of any month, the Pawnbroker shall, in respect of those fourteen days, be entitled to take half of the amount which he would be entitled to take for the whole month.

* Not less than three months.

B. On a loan of above forty shillings-
For every month or part of a month for
every sum of two shillings and sixpence
or fraction of a sum of two shillings and
sixpence

One halfpenny.

One halfpenny.

Part II.-Charge on Pawn-Ticket.
Where the loan is ten shillings or under
Where the loan is above ten shillings.

One penny.

Part III.-Charge on Inspection of Sale Book.

For the inspection of the entry of a sale

One penny.

Part IV.-Charge on Form of Declaration.

Where the loan is five shillings or under
Where the loan is above five shillings.

Rule.

One halfpenny.
One penny.

This sum is to be paid by the applicant at the time of application.

CHAPTER XXIV.

Auctioneers and Appraisers.

By 8 V. c. 15, the duties on sales by auction were repealed, and previous statutes so far as they related to the collection of the duties. A license is declared necessary for carrying on the business of an auctioneer, for which the sum of £10 is to be paid; the duty to be under the management of the excise, and recoverable under the excise acts; the license is to be renewed ten days at least before the expiration thereof, on the 5th July in every year, under the penalty of £100 for omission, and carrying on the business of an auctioneer without such license; a separate license is requisite to sell plate or other articles.

But certain sales need not be conducted by a licensed auctioneer, namely, goods sold under a distress for less than £20, for rent or tithes, and under the provisions of certain small debts acts.

Before the commencement of an auction, s. 7 requires the auctioneer to suspend in some conspicuous part of the room a ticket or board, containing his full christian and surname and place of residence; and to produce his license to, or deposit £10 with, any officer of excise or customs, or stamps and taxes, who may demand its production; in default he may be arrested at the termination of the sale, and conveyed before a justice, who may commit him to prison for any time not exceeding one calendar month, and this imprisonment is not to affect any proceedings for the penalty incurred for selling without a license. On the production, within

a week, of the license, the deposit of £10 to be returned by the officer.

An auctioneer who has duly paid the license-duty is not liable, in the city of London, to the penalties for acting as a broker, without being admitted agreeably to 6 Anne, c. 16.

By 27 & 28 V. c. 56, s. 14, auctioneers are not to deal in or sell excisable commodities except upon licensed premises.

A licensed auctioneer going from town to town in a public stagecoach, and sending goods by public waggons, and selling them on commission, by retail or by auction, is a trading person, within the 50 G. 3, c. 41, s. 6, and must take out a hawker's and pedlar's license; so, likewise, a person travelling in this manner, and having packages of books, &c., sent after him by public conveyance, taking rooms at each town, and there selling such books, &c., by retail or by auction, is a trading person, within the seventh section of the same act.

By 8 & 9 V. c. 76, s. 1, every person, except a licensed auctioneer, who for hire exercises the occupation of an appraiser to value property, repairs, and labour, must take out an annual fortyshilling license. Acting without such license, penalty £50.

Auctioneers must be well skilled in their duties; and if their employers sustain any damage through them, an action will lie. They must make amends if they sell the property for less, or in a way contrary to the instructions of their employer.

If an auctioneer pay over the produce of a sale to his employer, after receiving notice that the goods were not the prpoerty of such employer, the real owner of the goods may recover the amount from the auctioneer.

Auctioneers cannot become the purchasers of property entrusted to them to sell, at a less value than its real worth, unless they can prove that the owner was acquainted with its real value.

A warranty by an auctioneer, pursuant to instructions as to the soundness or title of the article offered, will not bind him, except made on his own responsibility; but to relieve him, he must disclose the name of his employer at the time of sale.

If the owner put the price under a candlestick in the room, which is called a dumb bidding, and it is agreed that no bidding shall avail, if not equal to that, it was held to be an actual bidding of so much, to supersede smaller biddings at the auction.

If an auctioneer sell an estate without sufficient authority, so that the purchaser cannot obtain the benefit of his bargain, the auctioneer will be compelled to pay all the costs and loss the buyer may have incurred.

If an auctioneer give credit to a vendee, or take a bill or other security for the purchase-money, it is at his own risk, and the vendor can compel him to pay the money.

An auctioneer writing the name of the purchaser in the catalogue, binds both the buyer and seller to the bargain.