Persons offering goods in pawn not giving a selves. XIV. And be it enacted, That if any person shall offer, by way of pawn, pledge or good account of them exchange or sale, any goods, and such person shall not be able or shall refuse to give a satisfactory account of himself or herself, or of the means whereby he or she became possessed thereof, or shall wilfully give any false information to the Pawnbroker or his servant as to whether such goods are his own property or not, or of his name and place of abode of the owner of such goods, or if there shall be any other reason to suspect that such goods are stolen or otherwise illegally or clandestinely obtained, or if any person not entitled, nor having any color of title by law to redeem such goods, shall attempt to redeem the same, it shall be lawful for any person to whom the same shall be offered, to seize and detain such person and the said goods, and to deliver the said person immediately into the custody of a Peace Officer or Constable, who shall, as soon as may be, convey such person and the said goods before a Justice of the District or County, and if such Justice shall, upon examination and enquiry, have cause to suspect that the said goods were stolen or illegally or clandestinely obtained, or that the person offering to redeem the same hath not any pretence or color of right so to do, he shall commit such person into safe custody for such reasonable time as shall be necessary for obtaining proper information in order to be further examined, and if upon either examination it shall appear to the satisfaction of such Justice that the said goods were stolen or illegally or clandestinely obtained, or that the person offering to redeem the same hath not any pretence or color of right so to do, he shall commit such offender to the Common Gaol of the District or County where the offence was committed, for any time not exceeding three calendar months, except the offence shall authorize such commitment by any other law. Receiving goods in pawn in a state of ma nufacture or linen, &c. put out to wash, &c. Owners of goods unlawfully pawned may obtain a warrant to search for the same. If search is refused. XV. And be it enacted, That if any person shall knowingly buy or take in pawn, or exchange, from any journeyman mechanic, any goods of any manufacture or of any part or branch of any manufacture, either mixed or separate, or any materials plainly intended for manufacturing any goods after such goods or materials are put into a state for any process or operation to be thereupon or therewith performed, and before such goods or materials are finished for the purpose of wear or consumption, or any goods, materials, linen or apparel which are entrusted to any person to wash, scour, iron, mend, manufacture, work up, finish or make up, and shall be convicted thereof upon confession, or on the oath of one witness, before one Justice of the District or County where the offence was committed, he shall forfeit the sum lent thereon, and forthwith restore the said goods or materials to the lawful owner. XVI. And be it enacted, That if the owner of any goods, of any manufacture, or of any part or branch of any manufacture, either mixed or separate, or any materials plainly intended for manufacturing any goods after such goods or materials are put into a state for any process or operation to be thereupon or therewith performed, and before such goods or materials are finished for the purpose of wear or consumption, or of any linen or apparel which shall be so entrusted to any person to wash, scour, iron, mend, manufacture, work up, finish or make up as aforesaid, or any other goods whatsoever, which shall be unlawfully pawned or exchanged, shall make out either on his oath or the oath of one witness or solemn affirmation, before the Justice aforesaid where such offence is committed, that there is just cause to believe or to suspect that any person hath taken to pawn or exchange any such goods without his knowledge, and shall make appear probable grounds for such suspicion, such Justice may issue his Warrant for searching within the hours of business, the books, house, warehouse or any other place of such person who shall be charged on oath as suspected of having received the same without the privity of the owner, and if the occupier of any such place, shall, upon request being made to him by any Peace Officer authorized to search, refuse to exhibit his pledge books, or to open such place as required, to permit such search to be made, such Peace Officer may break open any such house, warehouse or other place on the said premises within the hours of business, and search as he shall think fit for the goods suspected to be there, taking care to do no wilful damage, and no person shall oppose the same; and if after such refusal by the occupier of the house or or premises to permit the search being made by proper authority, and upon forced search, any such goods aforesaid so pawned or exchanged shall be found, and the property of the owner shall be made out to the satisfaction of such Justice, by the oath or solemn affirmation of one witness, or by the confession of the person charged, such Justice shall cause the goods so found to be forthwith restored to the owner, and the occupier shall be fined not less than Two Pounds nor more than Five, to be recovered as other fines before mentioned. Goods to be delivered duplicate and payment of principal and interest within one year. back on production of Provision if delivery XVII. And be it enacted, That if any goods shall be pawned or pledged for securing any money lent thereon, and if within one year after the pawning thereof, the pawner, or other person on his behalf, shall tender to the person who lent on security of the said goods the note or memorandum directed to be given by this Act as aforesaid, together with the principal money borrowed thereon, and profit according to the rates by this Act established, and if the person who took the goods in pawn shall thereupon, without reasonable cause, neglect or refuse to deliver back the goods so pawned, in such case oath thereof may be made by the pawner, his tutor, curator, executors and administrators or assigns, before a Justice of the District or County where the offence was committed, who shall cause such person to come before him, and shall examine on oath the parties themselves, and such other credible persons as shall appear before him touching the premises, and if tender of the note or memorandum, together with the principal sum lent, and all profit thereon, shall be proved on oath, to have been made within the space of twelve months, then on payment by the borrower, his executors, or legal representatives, of such principal money and the profit due thereon as aforesaid, to the lender, and in case the lender shall refuse to accept thereof on tender before the said Justice, he shall thereupon, by order under his hand, direct the goods so pawned be refused. forthwith to be delivered to the pawner, his executors or legal representatives, and if the lender shall neglect or refuse to deliver up or make satisfaction for such goods as aforesaid, as such Justice shall order, then the said Justice shall commit the party refusing to the common Gaol of the District or County where such offence was committed, until he shall deliver up the said goods according to the order of such Justice, or make satisfaction for the value thereof to the party entitled to the redemption. XVIII. And to prevent inconveniences to Pawnbrokers from several different persons claiming a property in the same goods, it is hereby enacted, That the person who shall produce such note or memorandum as aforesaid, and require a delivery of the goods. mentioned therein, shall be deemed, so far as concerns the person who has the goods in pledge, the owner, and such Pawnbroker, after receiving satisfaction respecting principal and profit as aforesaid, shall deliver such goods to the person producing such note or memorandum, and he shall be indemnified; unless he shall have had previous notice from the real owner not to deliver such goods to the person producing such note or memorandum; which said notice shall be in writing. Persons producing the duplicates to be deem ed the owners. XIX. And be it enacted, That in case any Pawnbroker shall have had such previous Where duplicates &c. notice as aforesaid, or in case any such note or memorandum shall be lost, mislaid, are lost, a copy to be destroyed, or fraudulently obtained from the owner, and the goods mentioned therein shall remain unredeemed, the Pawnbroker with whom such goods were pledged, sh at the request of any person who shall represent himself as the owner thereof, deliver to such person a copy of the note or memorandum, with the form of an affidavit of the particular circumstances attending the case written thereon, as the same shall be stated to him by the party applying, for which copy and affidavit, in case the money lent shall not exceed Five Shillings, the Pawnbroker shall receive One Penny, and if above Five Shillings, and not exceeding Twenty Shillings, the Pawnbroker shall receive Two Pence, and if above Twenty Shillings, the Pawnbroker shall receive Three Pence, and the person having received such copy and form of affidavit shall thereupon prove his property in or right to such goods to the satisfaction of some Justice of this Province, and also verify on oath before such Justice the truth of the particular circumstances attending the case mentioned in such affidavit, and such oath shall be authenticated by the hand-writing of such Justice, whereupon the Pawnbroker shall suffer the person proving Allowance to the Pawnbroker for his trouble. 1974 Pawned goods may one year. proving such property to redeem such goods on leaving such copy of the said note or 1851. memorandum, and the said affidavit, with such Pawnbroker. XX. And be it enacted, That all pawned goods shall be deemed forfeited, and may be sold at the expiration of one year from the time of pawning the same, exclusive of the day on which pawned, and where the sum lent thereon shall exceed Ten Shillings, shall be sold by public auction, but not otherwise, by the Pawnbroker, and. the said goods shall be exposed to public view, and a catalogue thereof published, containing Being first advertised. received in pawn, and the number of the pledge; and an advertisement giving notice of the name and place of abode of the Pawnbroker, and the month the goods were such sale, and containing the name and abode of the Pawnbroker, and the month the goods were received in pawn, shall be inserted on two several days in some public newspaper, two days at least before the day of sale, and the goods pledged shall be inserted in the catalogue separately, on pain of forfeiting to the owner of such pledge not exceeding Ten Pounds nor less than Forty Shillings, to be recovered as other fines before mentioned. An account of goods sold by auction to be entered in a book. such books, and demand surplus. XXI. And be it enacted, That every Pawnbroker shall enter into a Book, to be kept for that purpose, a just account of the sale of such goods by auction, expressing the day of the month when pledged, the name of the person pledging, and the day when, and the money for which each pledge was sold, together with the name and abode of the auctioneer, and if such goods are sold for more than is due thereon, the overplus shall be paid on demand to the person by whom, or on whose account such goods were pawned, his executors or assigns, provided such demand be made within three years after such sale, the necessary costs and charges of such sale and catalogues being first Pawner may inspect deducted; and the person who pawned such goods, his executors or assigns, or for whom they were so pawned, shall, for his satisfaction, be permitted to inspect the entry made of such sale, paying for such inspection Three Pence, and no more; and if the Pawnbroker shall refuse the person who pawned such goods to inspect such entry, or if an executor, administrator or assignee, at such time, producing his letters testamentary, letters of administration or assignment, or if the goods were sold for more than the sum entered in such Book, or if the Pawnbroker had not made such entry, or shall not have bond fide according to this Act, sold the goods, or shall refuse to pay the overplus on demand as aforesaid, he shall forfeit Ten Pounds, and treble the sum such goods were originally pawned for, to the person by whom, or on whose account, they were pawned, to be recovered as other fines before stated, and if not forthwith paid, to be levied by distress by Warrant of the Justices before whom the same shall be recovered. Pawnbroker not to purchase goods whilst XXII. And be it enacted, That no Pawnbroker having goods in pledge shall, either they are under pawn. by himself or other person for him, purchase any such goods during the time they shall remain in his custody, as such pledge (except at public auction,) nor shall purchase, receive or take any goods in pledge, from any person who shall appear to be under the age of fifteen years old, or to be intoxicated with liquor; or purchase or take in pawn, pledge or exchange, the note or memorandum aforesaid of any other Pawnbroker; nor employ any servant or other person under sixteen years of age to take in any pledge; nor receive any goods by way of pawn, pledge or exchange, before eight o'clock in the morning, nor after eight o'clock in the evening, except on Saturday evenings, and the evenings preceding Good Friday and Christmas day, when they may remain open until ten o'clock in the evening; nor on any Fast or Thanksgiving day appointed by authority, on which days and on Sundays no person shall carry on the trade of a Pawnbroker. Hours and days for taking in pawns limited; not to be received from children, &c.; and the age of the person employed. Selling goods before the time limited, or allowing the same to be damaged. XXIII. And be it enacted, That if it shall appear, or be proved on oath before a Justice of this Province, that the goods pawned as aforesaid have been sold before the time limited, or been embezzled or lost, or are become of less value than when pawned, through the neglect or wilful misbehaviour of the Pawnbroker or his servants, to whom they were pawned, such Justice shall award a reasonable satisfaction to the owner in respect of such damage; and in case the sum so awarded shall not amount to the principal and profit due to such Pawnbroker, his executors or legal representatives, it it shall be sufficient for the pawner, his executors, or assigns, to pay or tender the XXIV. And be it enacted, That where such Justice shall think the production of Pawnbrokers to proany pawn book, note, voucher, memorandum, duplicate or other paper necessary, which duce their books, &c. shall or ought to be in the hands, custody or power of any Pawnbroker, he shall summon him to attend with the same, which the said Pawnbroker is required to produce in the state the same was made at the time the pawn was received, without any alteration, erasement, or obliteration whatsoever; and in case the Pawnbroker shall neglect or refuse to attend or produce the same in its true and perfect state, he shall, unless he shew good cause so the satisfaction of such Justice, forfeit not exceeding Ten Pounds, nor less than Five Pounds, to be levied and recovered as fines hereinbefore mentioned. twelve months. XXV. And be it enacted, That no Pawnbroker shall be liable to any prosecution Prosecutions to he before any Justice under this Act, unless information be given within twelve calendar commenced within months next after the offence was committed; and such prosecution shall be before some neighbouring Justice, where the offence shall have been committed; and no person who has been convicted of any fraud, or of any felony, shall prosecute or inform against any person for any offence against this Act. XXVI. And be it enacted, That all the provisions of this Act shall extend to and Act to extend to Exeinclude the executors, administrators and assigns of every deceased Pawnbroker, as if cutors, &c. he were living, except that no such executor, administrator or assign shall be answerable for any penalty personally or out of his own estate, unless forfeited by his own act. XXVII. And be it enacted, That no fee shall be taken for any Summons or Warrant No fees to be taken by granted by any Justice or Justices in pursuance of this Act so far as the same relates Justices. to goods pawned, pledged or taken in exchange. XXVIII. And be it enacted, That if any person convicted of any offence punishable Appeal given. by this Act shall think himself aggrieved by the judgment of the Justices before whom he shall have been convicted, he may appeal to the next General Quarter Sessions of the Peace for the District or County where such offence was committed, and the execution of the judgment shall in such case be suspended, the person convicted entering into recognizance, at the time of the conviction, with two sureties in double the sum Security. he shall have been adjudged to pay, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determination of and pay such costs as shall be awarded at the said sessions; and the Justices are hereby empowered to hear and finally determine the matter of appeal, and to award such costs as shall appear just and reasonable to be paid by either party; and if the judgment shall be Costs. affirmed, the appellant shall immediately pay the sum adjudged to be forfeited, together with such costs as the Court shall award, or in default thereof shall suffer the pains and penalties by this Act inflicted upon persons respectively, who shall neglect to pay or shall not pay the forfeitures hereby imposed. Preamble, Jury acquitting prisoner on ground of insanity to state so in their verdict, CAP. LXXXIII. An Act to authorize the confinement of Lunatics in cases where there being at large may be dangerous to the public. WH [ 30th August, 1851. ] HEREAS it is expedient that provision should be made for the confinement and maintenance of Lunatics and other persons of unsound mind, charged with or convicted of offences; or whom, from the character of their malady, it may be dangerous to permit to go abroad: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That in all cases where it shall be given in evidence upon the trial of any person charged with any offence, whether the same be treason, felony or misdemeanor, that such person was insane at the time of the commission of such offence, and such person shall be acquitted, the Jury shall be required to find specially whether such person was insane at the time of the commission of such offence, and to declare Court in that case to whether such person was acquitted by them on account of such insanity; and if they shall find that such person was insane at the time of committing such offence, the Court before whom such trial shall be had, shall order such person to be kept in strict custody in such places and in such manner as to the Court shall seem fit, until Her Majesty's pleasure shall be known; and it shall thereupon be lawful for the Governor of this Province to give such order for his safe custody of such person during Her Majesty's pleasure, in such place and in such manner as to such Governor shall seem fit; and in all cases where any person before the passing of this Act has been acquitted of any such offence on the ground of insanity at the time of the commission thereof, and has been detained in custody as a dangerous person by order of the Court before whom such person has been tried, and still remains in custody, it shall be lawful for the Governor of this Province to give the like order for the safe custody of such person during the pleasure of Her Majesty as such Governor is hereby enabled to give in the cases of persons who shall hereafter be acquitted on the ground of insanity. order such insane person to be kept in custody until Her Majesty's pleasure shall be known; And Governor may give an Order for the safe custody of such insane person. Similar provisions with respect to persons in and found to be in sane by a Jury, to be impannelled for the purpose of their arraignment. II. And be it enacted, That if any person indicted for any offence shall be insane, and dicted for any offence, shall upon arraignment be found so to be by a jury lawfully empannelled for that purpose, so that such person cannot be tried upon such indictment, or if, upon the trial of any person so indicted, such person shall appear to the jury charged with such indictment to be insane, it shall be lawful for the Court before whom any such person shall be brought to be arraigned or tried as aforesaid, to direct such finding to be recorded, and thereupon to order such person to be kept in strict custody until Her Majesty's pleasure shall be known; and if any person charged with any offence shall be brought before any Court to be discharged for want of prosecution, and such person shall appear to be insane, it shall be lawful for such Court to order a jury to be empannelled to try the sanity of such person; and if the jury so empannelled shall find such person to be insane, it shall be lawful for such Court to order such person to be kept in strict custody in such place and in such manner as to such Court shall seem fit, until Her Majesty's pleasure shall be known; and in all cases of insanity so found, it shall be lawful for the Governor of this Province to give such order for the safe custody of such person so found to be insane, during Her Majesty's pleasure, in such place and in such manner as to him shall seem fit. III. And for the better prevention of crimes being committed by "persons insane," Be it enacted, That if any person shall be discovered and apprehended under circumstances that denote a derangement of mind, and a purpose of committing some crime, for which, if committed, such person would be liable to be indicted, and any of Her Majesty's Justices of the Peace before whom such person may be brought, shall think fit to issue a Warrant for |