Pawnbrokers Act

(Original Enactment: Ordinance 4 of 1898)

(15th March 1994)
An Act relating to pawnbrokers.
[1st January 1899]
Short title
1.  This Act may be cited as the Pawnbrokers Act.
2.  In this Act —
“pawnbroker” includes every person who carries on the business of taking goods and chattels in pawn;
“pawner” means a person delivering an article for pawn to a pawnbroker;
“pledge” means an article pawned with a pawnbroker;
“Registrar” means the Registrar of Pawnbrokers appointed under section 7;
“shop” includes a dwelling-house and warehouse or other place of business or place where business is transacted;
“unfinished goods or materials” includes any goods of any manufacture or of any part or branch of any manufacture, either mixed or separate, or any materials whatever plainly intended for the composing or manufacturing of any goods, after the goods or materials are put into a state or course of manufacture or into a state for any process or operation to be performed thereupon or therewith, and before the goods or materials are completed or finished for the purpose of wear or consumption.
Persons to be deemed pawnbrokers
3.—(1)  Any person who —
(a)receives or takes of or from any person whomsoever any goods or chattels by way of security for the repayment of any sum or sums of money, not exceeding $1,000 advanced thereon; or
(b)purchases or receives or takes in goods or chattels and pays or advances or lends thereon any sum or sums of money, not exceeding $1,000, with or under an agreement or understanding express or implied or to be from the nature and character of the dealing reasonably inferred that those goods or chattels may be afterwards redeemed or repurchased on any terms,
shall be deemed to be a person carrying on the business of taking goods and chattels in pawn, and every such transaction, article, payment, advance and loan shall be deemed a pawning, pledge or loan respectively within this Act.
(2)  Nothing in this Act shall extend to any loan of money exceeding $100 and secured by a pawn or pledge, if the rate of interest does not exceed 10% per annum and if no further or other profit or advantage is taken or agreed for on the loan, or shall extend to prevent a pawnbroker under this Act from taking in pawn goods or chattels exceeding in value the sum of $1,000 or lending thereon a sum exceeding that amount.
Application of this Act to executors, etc., of pawnbrokers
4.  The provisions of this Act relating to pawnbrokers shall extend to and include the executors or administrators of deceased pawnbrokers, except that an executor or administrator shall not be answerable for any penalty or forfeiture personally or out of his own estate, unless the penalty or forfeiture is incurred by his own act or neglect.
Act done by employee to be deemed act of pawnbroker
5.—(1)  For the purposes of this Act, anything done or omitted to be done by the employee or agent of a pawnbroker, in the course of or in relation to the business of the pawnbroker, shall be deemed to be done or omitted, as the case may be, by the pawnbroker.
(2)  Anything by this Act authorised to be done by a pawnbroker may be done by his employee or agent.
Extension of rights, etc., of pawners to their assigns, executors, etc.
6.  The rights, powers and benefits by this Act reserved to and conferred on pawners shall extend to, and be deemed to be reserved to, and conferred on, the assignees of pawners, and to and on the executors or administrators of deceased pawners; but any person representing himself to a pawnbroker to be the assign, executor or administrator of a pawner shall, if required by the pawnbroker, produce to the pawnbroker the assignment, probate, letters of administration or other instrument under which he claims.