PAWNBROKERS ACT, 1964 (1964_act_31) | IE

ISB Act 1964-11-12

Schedule 1 PAWNBROKERS ACT, 1964 Open official source

FIRST SCHEDULE Enactments Repealed

Enactments Repealed

Section 6.

Session and Chapter or Number and Year

Short Title or Subject-matter

Extent of Repeal

26 Geo. 3, c. 43 (Ir.).

Pawnbrokers Act, 1786.

The whole Act.

28 Geo. 3, c. 49 (Ir.).

Pawnbrokers Act, 1788.

The whole Act.

44 Geo. 3, c. xxii.

Duties on certain licences. (1804).

So much of the Act as relates to pawnbrokers.

48 Geo. 3, c. 140.

Dublin Police Magistrates Act, 1808.

Sections 50 and 51, in so far as they relate to pawnbrokers; sections 65, 66, 67, 69 and 70; section 75, in so far as it relates to pawnbrokers.

5 Geo. 4, c. 102.

Dublin Justices Act, 1824.

Section 22.

5 & 6 Will. 4, c. 62.

Statutory Declarations Act, 1835.

Section 12.

5 & 6 Vict. c. 82.

Stamp Duties (Ireland) Act, 1842.

Section 17, in so far as it relates to pawnbrokers; section 18; so much of the Schedule as relates to the duty payable on pawnbrokers' licences.

16 & 17 Vict. c. 59.

Stamp Act, 1853.

Section 20, in so far as it relates to the duty payable on pawnbrokers' licences.

17 & 18 Vict. c. 83.

Stamp Act, 1854.

Section 20.

27 & 28 Vict. c. 56.

Revenue (No. 2) Act, 1864.

Section 6, in so far as it relates to pawnbrokers.

61 & 62 Vict. c. 37.

Local Government (Ireland) Act, 1898.

Section 67.

8 Edw. 7, c. 24.

The Summary Jurisdiction (Ireland) Act, 1908.

In section 4, the words “or receives from him, or on his behalf, any such article in pledge or pawn”.

8 Edw. 7, c. 67.

Children Act, 1908.

Subsection (12) of section 133.

No. 17 of 1925.

Firearms Act, 1925.

Section 20.

No. 9 of 1943.

Pawnbrokers (Divisional Auctioneers) Act, 1943.

The whole Act.

ISB Act 1964-11-12

Schedule 2 PAWNBROKERS ACT, 1964 Open official source

SECOND SCHEDULE Notice to be exhibited in every pawnbroker's premises

Notice to be exhibited in every pawnbroker's premises

Section 13.

PAWNBROKERS ACT, 1964

Interest on Loans

1. On any loan made under this Act in respect of every two shillings lent, for every calendar month during which the pledge remains in pawn _______ one halfpenny.

Note

(1) If the term of the loan is less than one calendar month, it will be charged for as one month.

(2) After the first calendar month, a part of a month exceeding seven days will be charged for as a month and a part of a month not exceeding seven days will not be charged for.

(3) Where the loan is less than two shillings, it will be charged for as two shillings. Where it exceeds two shillings or any even multiple of two shillings, any odd fraction of two shillings will not be charged for.

Charge on Pawn-ticket

2. In respect of each pawn-ticket _______ two pence.

Charge on Valuation of Pledge

3. Where the loan is ten pounds or under, for valuation fee on each five shillings or part of five shillings lent _______ two pence.

Charge on Inspection of Sale Book and Auctioneer's Catalogue

4. For the inspection of the entry of a sale _______ six pence.

Charge on Form of Declaration

5. For a form of declaration _______ six pence.

Redemption and Disposal of Pledges

6. (1) Pledges, other than those made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone must be redeemed within six calendar months and seven days from the date of pawning but, if the interest is paid at any time within the above period, the redemption period will be extended for a further period of six months and seven days from the date up to which the interest is paid. Pledges made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone must be redeemed within one year and seven days from the date of pledging.

(2) At the end of the redemption period—

(a) pledges pawned for two pounds or under, excluding pledges made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone, will become the pawnbroker's own property;

(b) all other pledges may be sold by the pawnbroker by sale by public auction in the manner provided by law and not otherwise. Such pledges may, however, be redeemed at any time before the day of sale.

Surplus on Sale of Pledge

7. Within twelve calendar months after the sale by public auction of a pledge, the pawner may inspect the account of the sale in the pawnbroker's book and in the auctioneer's catalogue, on payment of a fee of six pence and receive any surplus produced by the sale. But a deficit on the sale of one pledge may, in certain circumstances, be set off against a surplus on another.

Damage to Pledge

8. (1) If a pledge is destroyed or damaged by fire, the pawnbroker, if the pawn-ticket is tendered to him before the expiry of the period within which the pledge would have been redeemable, will be bound to pay an amount equal to one-half of the amount of the loan.

(2) If a, pledge, through default, neglect or wilful misbehaviour on the part of the pawnbroker, is lost, destroyed or is of less value at the time of redemption than it was at the time of pawning, the owner may apply to the District Court for compensation and the Court may, if it thinks fit, award compensation in respect of the damage, and the amount so awarded 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.

Loss of Pawn-ticket

9. If a pawn-ticket is lost, mislaid or stolen, the pawner should at once apply to the pawnbroker for a form of declaration to be made before a Notary Public, a Commissioner for Oaths or a Peace Commissioner; otherwise the pawnbroker will be bound to deliver the pledge to any person who produces the pawn-ticket to him and claims to redeem the pledge.

ISB Act 1964-11-12

Schedule 3 PAWNBROKERS ACT, 1964 Open official source

THIRD SCHEDULE Pawn-tickets, etc. PART I Pawn-ticket

Pawn-tickets, etc.

PART I

Pawn-ticket

Sections 14 (2), 15 (2), 16, 20 (3).

For loan of £2. 0. 0. or under excluding pledges made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone.

(The appropriate particulars are required to be entered by the pawnbroker in the respective blank spaces)

Pledge No.

Pawned with (name of pawnbroker)

of (address of pawnbroker)

this day of , 19

by (name of pawner, as entered in the Pledge Book)

of (address of pawner, as entered in the Pledge Book)

(Description of pledge)

(Amount of the loan)

Notes for Information of Pawner*

*To be printed on the front of the ticket or partly on the front and partly on the back.

1. The maximum interest rates and other charges are as set out in the Fifth Schedule to the Pawnbrokers Act, 1964. They are also set out in the Notice exhibited in the pawnbroker's shop.

2. The pledge will become the pawnbroker's absolute property if not redeemed within six calendar months and seven days from the date of pawning. An extension (not exceeding six calendar months) will be allowed on payment of accrued interest.

3. Should the pledge be lost or destroyed or damaged by fire, or depreciate in value through the negligence of the pawnbroker, you may claim compensation.

4. If this ticket is lost, mislaid or stolen, you should at once apply to the pawnbroker for a form of declaration; otherwise the pawnbroker will be bound to deliver the pledge to any person who produces this ticket and claims to redeem the pledge.

PART II

Pawn-ticket

A. For loan of above £2. 0. 0. excluding category B hereunder.

B. For any loan on pledge made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone.

(The appropriate particulars are required to be entered by the pawnbroker in the respective blank spaces)

Pledge No.

Pawned with (name of pawnbroker)

of (address of pawnbroker)

this day of , 19 ,

by (name of pawner, as entered in the Pledge Book)

of (address of pawner, as entered in the Pledge Book)

(Description of pledge)

(Amount of the loan)

Notes for Information of Pawner*

*To be printed on the front of the ticket or partly on the front and partly on the back.

1. The maximum interest rates and other charges are as set out in the Fifth Schedule to the Pawnbrokers Act, 1964. They are also set out in the Notice exhibited in the pawnbroker's shop.

2. Pledges not redeemed within the following periods may be sold by auction but may be redeemed at any time before the day of sale:—

Category A. Six calendar months and seven days of grace from date of pawning, with an extension (not exceeding six calendar months) on payment of accrued interest.

Category B. Twelve calendar months and seven days of grace from date of pawning.

3. Within twelve calendar months after sale you may, on payment of a fee of sixpence, inspect the account of the sale in the pawnbroker's book and in the auctioneer's catalogue and receive any surplus produced by the sale. Deficit on sale of one pledge may in certain circumstances be set off against surplus on another.

4. Should the pledge be lost or destroyed or damaged by fire, or depreciate in value through the negligence of the pawnbroker, you may claim compensation.

5. If this ticket is lost, mislaid or stolen, you should at once apply to the pawnbroker for a form of declaration; otherwise the pawnbroker will be bound to deliver the pledge to any person who produces this ticket and claims to redeem the pledge.

PART III

Special Contract Pawn-ticket

(The appropriate particulars are required to be entered by the pawnbroker in the respective blank spaces before signature)

Pledge No.

Pawned with (name of pawnbroker)

of (address of pawnbroker)

this day of , 19 ,

by (name of pawner, as entered in the Pledge Book)

of (address of pawner, as entered in the Pledge Book)

(Description of pledge)

(Amount of the loan)

Terms of the special contract*

*To be printed on the front of the ticket or partly on the front and partly on the back.

1. The pawnbroker charges—

(a) For this ticket ___________________________

(b) Interest at the rate per calendar month of _________________________. (If the term of the loan is less than one calendar month, it will be charged for as one month. After the first calendar month, a part of a month exceeding seven days will be charged for as a month and a part of a month not exceeding seven days will not be charged for).

(c) The charge for storage of this pledge will be ______________ per calendar month or any part of a month.

2. This pledge is pawned for the period of ______________ months.

3. 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.

4. Within twelve calendar months after sale the pawner may, on payment of a fee of sixpence, inspect the account of the sale in the pawnbroker's book and in the auctioneer's catalogue and receive any surplus produced by the sale. If, however, within six months before or after that sale, the sale of another pledge or pledges of the same person has resulted in a deficit the pawnbroker is entitled to set off the deficit against the surplus.

5. If a pledge, through default, neglect or wilful misbehaviour on the part of the pawnbroker, is lost, destroyed or is of less value at the time of redemption than it was at the time of pawning, the pawner may apply to the District Court for an order for compensation. The amount of compensation, if any, awarded 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.

6. If the pledge is destroyed or damaged by fire the pawnbroker, if the pawn-ticket is tendered to him before the expiry of the period within which the pledge would have been redeemable, will be bound to pay an amount equal to one-half of the amount of the loan, unless otherwise agreed upon by the pawner and pawnbroker.

7. If this ticket is lost or mislaid the pawner should at once apply to the pawnbroker for a form of declaration; otherwise the pawnbroker will be bound to deliver the pledge to any person who produces this ticket to him and claims to redeem the pledge.

__________________________________________Pawnbroker

__________________________________________Pawner

PART IV

Receipt

Date

Received on redemption of Pledge No. _______

£ s. d.

Amount of loan

Interest

Other charges (to be specified)

_________

Total

_________

_____________________

Pawnbroker

ISB Act 1964-11-12

Schedule 4 PAWNBROKERS ACT, 1964 Open official source

FOURTH SCHEDULE Pawnbroker's Books PART I Pledge Book

Pawnbroker's Books

PART I

Pledge Book

Section 16.

_____________________, Pawnbroker, of______________

Date of pawning

Number of pledge

Date redeemed or sold

Amount of loan

Description of pledge

Name and address of pawner, according to the information given by the pawner

Name and address of owner if other than pawner, according to the information given by the pawner

(1)

(2)

(3)

(4)

(5)

(6)

(7)

PART II

Sale Book

Date of sale:___________________________________________

Name and place of business of auctioneer:______________________

______________________________________

Date of sale

Number of pledge in pledge book

Description of pledge

Amount of loan

Amount realised on sale of pledge

(1)

(2)

(3)

(4)

(5)

ISB Act 1964-11-12

Schedule 5 PAWNBROKERS ACT, 1964 Open official source

FIFTH SCHEDULE Interest and Charges

Interest and Charges

Sections 20 (1) (2), 28(1), 32.

PART I

Maximum rate of interest on loans

1. The maximum rate of interest shall be one halfpenny per month for every two shillings of the loan.

2. For the purposes of paragraph 1—

(a) where the term of the loan is less than one month, it shall be reckoned as one month,

(b) where the term of the loan is more than one month but is not an even multiple of one month, the odd fraction of a month shall, if it exceeds seven days, be reckoned as one month; if it does not exceed seven days, it shall be disregarded,

(c) where the loan is less than two shillings, it shall be reckoned as two shillings,

(d) where the loan is not an even multiple of two shillings, the odd fraction of two shillings shall be disregarded.

PART II

Charge on Pawn-ticket

In respect of each pawn-ticket _______ two pence.

PART III

Charge on valuation of pledge

Where the loan is ten pounds or under, for valuation fee on each five shillings or part of five shillings lent _______ two pence.

PART IV

Charge on inspection of Sale Book and Auctioneer's Catalogue

For the inspection of the entry of a sale _______ six pence.

PART V

Charge on Form of Declaration

For a form of declaration _______ six pence.

ISB Act 1964-11-12

Schedule 6 PAWNBROKERS ACT, 1964 Open official source

SIXTH SCHEDULE Statutory Declarations

Statutory Declarations

Section 28 (1).

PART I

Statutory Declaration where pledge claimed by owner

I, A. B. of , do solemnly and sincerely declare that the article (or articles) described below is (or are) my property and that I believe it is (they are) pledged at the premises of

The article (or articles) above referred to is (or are) the following:—

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938.

(Signed) A. B.

Declared before me by A. B.

who is personally known to me (or who

is identified to me by C. D.

who is personally known to me) at

__________________________________________

this______________day of______________

__________________________________________

TAKE NOTICE if this Statutory Declaration is, to the knowledge of the person making it, false or misleading in any material respect he shall be guilty of an offence and liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

Unless this printed form is taken before a notary public, a commissioner for oaths or a peace commissioner and declared to and signed and delivered back to the pawnbroker not later than the day of , 19 , the article (or articles) mentioned in it will be delivered to any person producing the pawn-ticket.

PART II

Statutory Declaration where pawn-ticket lost, etc.

I, A. B. of , do solemnly and sincerely declare (a) that I am entitled to hold the pawn-ticket in respect of the article (or articles) described below, (b) that the said pawn-ticket has been* and (c) that the said pawn-ticket has not been sold or transferred by me to any person.

*State whether lost, mislaid, destroyed, stolen or taken by fraud.

The article (or articles) above referred to is (or are) the following:—

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938.

(Signed) A. B.

Declared before me by A. B.

who is personally known to me (or who

is identified to me by C. D.

who is personally known to me) at

__________________________________________

this______________day of______________

__________________________________________

TAKE NOTICE if this Statutory Declaration is, to the knowledge of the person making it, false or misleading in any material respect he shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £50 or, at the discretion of the court, to imprisonment for a term not exceeding 3 months or to both such fine and such imprisonment.

Unless this printed form is taken before a notary public, a commissioner for oaths or a peace commissioner and declared to and signed and delivered back to the pawnbroker not later than the day of day of , 19 , the article (or articles) mentioned in it will be delivered to any person producing the pawn-ticket.

ISB Act 1964-11-12

Schedule 7 PAWNBROKERS ACT, 1964 Open official source

SEVENTH SCHEDULE Regulations governing auctioning of pledges

Regulations governing auctioning of pledges

Section 30.

1. The auctioneer shall cause all pledges to be exposed to public view.

2. He shall publish catalogues of the pledges, stating—

(1) the pawnbroker's name and place of business;

(2) the month in which each pledge was pawned;

(3) the number of each pledge as entered at the time of pawning in the pledge book.

3. The pledges of each pawnbroker in the catalogue shall be separate from any pledges of any other pawnbroker.

4. The auctioneer shall insert in a public newspaper circulating in the area in which the pawnbroker's premises are situated an advertisement giving notice of the sale and stating—

(1) the pawnbroker's name and place of business;

(2) the month in which the pledges were pawned.

5. The advertisement shall be inserted at least three clear days before the first day of the sale.

6. Where a pawnbroker bids at a sale, the auctioneer shall not take the bidding in any other form or manner than that in which he takes the biddings of other persons at the same sale; and the auctioneer on knocking down any article to a pawnbroker shall forthwith declare audibly the name of the pawnbroker as purchaser.

7. The auctioneer shall, within fourteen days after the sale, deliver to the pawnbroker a copy of the catalogue, or of so much thereof as relates to the pledges of that pawnbroker, filled up with the amounts for which the several pledges of that pawnbroker were sold, and the copy shall be authenticated by the signature of the auctioneer.

8. The pawnbroker shall preserve every such catalogue for at least twelve months after the auction.

PAWNBROKERS ACT, 1964

Table of Provisions (7)

Statutory Text (7 Articles)

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