Pawnbrokers Law

1. Citation and application. This Law may be cited as the Pawnbrokers Law and shall apply to such parts of the State as the Executive Council may by order direct.

2. Interpretation. In this Law- "pawnbroker" includes every person who carries on the business of taking goods in pawn. "pawner" means a person delivering an article for pawn to a pawnbroker; "pledge"? means an article pawned with a pawnbroker; "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 such goods or materials are put into a state of course of manufacture, or into a state for any process or operation to be performed thereupon or therewith, and before the same are completed or finished for the purpose or wear or consumption.

3. Extension of law to certain shops. (1) The following persons shall be deemed to be persons carrying on the business of taking goods in pawn - every person who keeps a shop for the purchase or sale of goods or for taking in goods by way of security for money advanced thereon, and who purchases or receives or takes in goods, and pays or advances or lends thereon any sum of money not exceeding five hundred naira with or under an agreement or understanding expressed 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. (2) Every such transaction, article, payment, advance and loan shall be deemed a pawn, pledge and loan, respectively within this Law.

4. Executors of pawnbrokers. The provisions of this Law 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 same is incurred by his own act or neglect.

5. Agents, servants and apprentices of pawnbrokers. For the purposes of this Law, anything done or omitted to be done by the servant, apprentice 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, and anything by this Law authorised to be done by a pawnbroker may be done by his servant, apprentice or agent.

6. Assigns, executors of pawners. The rights, powers and benefits by this Law reserved to and conferred on pawners shall extend to, and be deemed to be reserved to and conferred on, the assigns of pawners, and to and on the executors and 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, will, letters of administration or other instrument under which he claims.

7. Application of Law in respect of loans. (1) This Law shall apply to every loan by a pawnbroker of any sum of money not exceeding five hundred naira. (2) Nothing in this Law shall apply to a loan by a pawnbroker of above five hundred naira or to the pledge on which the loan is made, or to the pawnbroker or pawner in relation to the loan or pledge, and notwithstanding anything in this Law, a person shall not be deemed a pawnbroker by reason only of his paying, advancing or lending on any terms any sum or sums of money above five hundred naira.

8. Pawnbrokers to keep books as in First Schedule. (1) A pawnbroker shall keep and use in his business such books and documents as are described in the First Schedule in the forms therein indicated or to the like effect, and shall from time to time as occasion requires enter therein, in a fair and legible manner, the particulars indicated in and in accordance with the directions of that Schedule, and shall make all inquiries necessary for that purpose. (2) Any pawnbroker failing to comply with any of the provisions of this section shall be liable on conviction to a fine of two hundred and fifty naira.

9. Pawnbroker to exhibit name over door and in places inside shop. (1) A pawnbroker shall always- (a) keep exhibited in large characters over the outer door of his shop his name with the word "Pawnbroker"; and (b) keep placed in a conspicuous part of his shop (so as to be legible by every person pawning or redeeming pledges, standing in any box or place provided in the shop for persons pawning or redeeming pledges) the same information (printed in English and the native language most commonly spoken in the place in which his shop is situated) as is, by the rules of the First Schedule, required to be printed on a pawn- ticket. [First Schedule.] (2) Any pawnbroker failing to comply with any of the provisions of this section shall on conviction be liable to a fine of two thousand naira.

10. Pawn-tickets to be given for pledges. A pawnbroker shall, on taking a pledge in pawn, give to the pawner a pawn-ticket, and shall not take a pledge in pawn unless the pawner takes the pawn-ticket.

11. Profits and charges allowed to pawnbrokers. (1) A pawnbroker may take profit on a loan on a pledge at a rate not exceeding that specified in the Second Schedule. [Second Schedule.] (2) A pawnbroker may demand and take the charges specified in the said Schedule, in the cases and according to the rules therein stated and prescribed. (3) A pawnbroker shall not, in respect of a loan on a pledge, take any profit or demand or take any charge or sum whatsoever other than those specified in the said Schedule. (4) A pawnbroker shall, if required at the time of redemption, give a receipt for the amount of loan and profit paid to him, and such receipt shall not be liable to stamp duty unless the profit amounts to fifty naira or more.

12. Pledges redeemable for one year with seven days of grace. Every pledge shall be redeemable within twelve months from the day of pawning, exclusive of that day, and there shall be added to that year of redemption seven days of grace, within which every pledge (if not redeemed within the year of redemption) shall continue to be redeemable.

13. Pledges for N100.00 or under not redeemed in time; forfeited. A pledge pawned for one hundred naira, or under, if not redeemed within the year of redemption and days of grace, shall, at the end of the days of grace become and be the pawnbroker’s absolute property.

14. Pledges above N100.00 redeemable until sale. A pledge pawned for above one hundred naira shall further continue to be redeemable until it is sold, as in this Law provided although the year of redemption and days of grace have expired.

15. Sale by auction of pledges above N100.00. (1) A pledge pawned for above one hundred naira shall, when sold by the pawnbroker, be disposed of by sale by public auction, and not otherwise, and the regulations contained in the Third Schedule shall be observed with reference to the sale. [Third Schedule.] (2) A pawnbroker may bid for and purchase at a sale by auction, made or purporting to be made under this Law, a pledge pawned with him, and on such purchase he shall be deemed the absolute owner of the pledge purchased.

16. Offences by auctioneers. If an auctioneer does anything in contravention of the provisions of this Law relating to auctioneers, or fails to do anything which he is required by this Law to do, he shall be liable on conviction to a fine of two thousand naira.

17. Power to inspect pawnbroker's book. At any time within three years after the auction at which a pledge pawned for above one hundred naira is sold, the holder of the pawn-ticket may inspect the entry of the sale in the pawnbroker’s book, and in the filled-up catalogue of the auction (authenticated by the signature of the auctioneer) or in either of them.

18. Pawnbroker to account for surplus within three years subject to set-off. (1) Where a pledge pawned for above one hundred naira is sold, and appears from the pawnbroker’s book to have been sold for more than the amount of the loan and profit due at the time of sale, the pawnbroker shall, on demand, pay the surplus to the holder of the pawn-ticket, in case the demand is made within three years after the sale, the necessary costs and charges of the sale being first deducted. (2) If on any such demand, it appears from the pawnbroker’s book that the sale of a pledge or pledges has resulted in a surplus, and that within twelve months before or after that sale the sale of another pledge or other pledges of the same person has resulted in a deficit, the pawnbroker may set off the deficit against the surplus, and shall be liable to pay the balance only after such set-off.

19. Offences as to pledges for above N100.00. If, with respect to pledges for loans of above one hundred naira, a pawnbroker- (a) does not bona fide, according to the directions of this Law, sell a pledge pawned with him; or (b) enters in his book a pledge as sold for less than the sum for which it was sold, or fails duly to enter same; or (c) refuses to permit any person entitled under this Law to inspect an entry of sale in the pawnbroker’s book, or of a filled-up catalogue of the auction (authenticated by the signature of the auctioneer); or (d) fails without lawful excuse (the proof whereof shall lie on him) to produce such a catalogue on lawful demand; or (e) refuses to pay on demand the surplus to the person entitled to receive same, he shall in every such case be liable on summary conviction to forfeit to the person aggrieved a sum of two thousand naira.

20. Holder of pawn-tickets entitled to redeem. The holder for the time being of a pawn-ticket shall be presumed to, be the person entitled to redeem the pledge, and, subject to the provisions of this Law, the pawnbroker shall accordingly (on payment of the loan and profit) deliver the pledged to the person producing the pawn-ticket, and he is hereby indemnified for so doing.

21. Production of pawn-ticket on redemption. A pawnbroker shall not (except as in this Law provided) be bound to deliver back a pledge unless the pawn-ticket for it is delivered to him.

22. Liability of pawnbroker in case of fire. (1) Where a pledge is destroyed or damaged by or in consequence of fire, the pawn- broker shall nevertheless be liable, on application within the period during which the pledge would have been redeemable, 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 an$ profit, and twenty-five percent on the amount of the loan. (2) A pawnbroker shall be entitled to insure to the extent of the value so estimated.

23. Compensation for depreciation of pledge. If a person entitled and offering to redeem a pledge shows to the satisfaction of a magistrate that the pledge has become or has been rendered of less value than it was at the time of the pawning thereof, by or through the default, neglect or wilful misbehavior of the pawnbroker, the magistrate may, if he thinks fit, award a reasonable compensation to the owner of the pledge in respect of the damage, and the amount awarded shall be deducted from the amount payable to the pawnbroker, or shall be paid by the pawnbroker (as the case requires) in such manner as the magistrate may direct.

24. Protection of owners and pawners not having pawn-tickets. The following provisions shall have effect for the protection of owners, of articles pawned, and of pawners not having their pawn-tickets to produce- (a) any person claiming to be the owner of a pledge but not holding the pawn- ticket, or any person claiming to be entitled to hold a pawn-ticket, but alleging that same has been lost, mislaid, destroyed or stolen, or fraudulently obtained from him, may apply to the pawnbroker for a printed form of declaration which the pawnbroker shall deliver to him; (b) if the applicant delivers back to the pawnbroker the declaration duly made by him, and by a person identifying him, before a magistrate or a Commissioner appointed to take affidavits and declarations, the applicant shall thereupon have, as between him and the pawnbroker, all the same rights and remedies as if he produced the pawn-ticket: Provided that such a declaration shall not be effectual for that purpose unless it is duly made and delivered back to the pawnbroker not later than on the third day after the day on which the form is delivered to the applicant by the pawnbroker (exclusive of a day or days on which the pawnbroker is prohibited from carrying on business); (c) the pawnbroker is hereby indemnified for not delivering the pledge to any person until the expiration of the period aforesaid; and (d) the pawnbroker is further hereby indemnified for delivering the pledge or otherwise acting in conformity with the declaration, unless he has actual or constructive notice that the declaration is fraudulent or is false in any material particular.

25. Delivery to owner of property unlawfully pawned. In each of the following cases- (a) if any person is convicted under this Law of knowingly and designedly pawning with a pawnbroker anything being the property of another person, the pawner not being employed or authorised by the owner thereof to pawn same; or (b) if any person is convicted of stealing or fraudulently obtaining any goods, and it appears to the court that same have been pawned with a pawnbroker; or (c) if in any proceedings it appears to the court that any goods brought before the court have been unlawfully pawned with a pawnbroker, the court, on proof of the ownership of the goods, may, if the court thinks fit, order the delivery thereof to the owner, either on payment to the pawnbroker of the amount of the loan or of any part thereof, or without payment thereof or of any part thereof as to the court, according, to the conduct of the owner and the other circumstances of the case may seem just and fitting.

26. Summary order for delivery of pledge to person entitled. If a pawnbroker, without reasonable excuse (the proof whereof shall lie on him), refuses or neglects to deliver a pledge to the person entitled to have delivery thereof under this Law, he shall be guilty of an offence against this Law and a magistrate may, if he thinks fit, with or without imposing a penalty, order the delivery of the pledge on payment of the amount of the loan and profit.

27. Prohibition of purchasing pledges, taking pledges from children and others. Any pawnbroker who- (a) takes an article in pawn from any person appearing to be under the age of fourteen years or to be intoxicated; or (b) purchases or takes in pawn or exchanges a pawn-ticket issued by another pawnbroker; or (c) employs any servant or apprentice or other person under the age of sixteen years to take pledges in pawn; or (d) under any pretence purchases, except at public auction, any pledge while in pawn with him; or (e) suffers any pledge while in pawn with him to be redeemed with a view to his purchasing it; or (f) makes any contract or agreement with any person pawning; or offering to pawn any article, or with the owner thereof, for the purchase, sale or disposition thereof within the time of redemption; or (g) sells or otherwise disposes of any pledge pawned with him, (except at such time and in such manner as authorised by this Law; or (h) takes any goods or chattels in pawn from any person before 6 a.m. or after 6 p.m.; or (i) carries on the business of a pawnbroker on Sunday, Good Friday or Christmas day, shall be liable to a fine of two thousand naira.

28. Unlawful pawning of goods not property of pawner. (1) Any person who knowingly and by design pawns with a pawnbroker anything being the property of another person, the pawner not being employed or authorised by the owner thereof to pawn same, shall be liable on summary conviction to forfeit a sum of one thousand naira, and in addition thereto, any sum not exceeding the full value of the pledge as ascertained by the court. (2) The forfeitures when recovered shall be applied towards making satisfaction to the party injured, and defraying the costs of prosecution, as the court may direct, but if the party injured declines to accept such satisfaction and costs, or if there is any surplus of the forfeitures, then the forfeitures or surplus (as the case may be) shall be paid into general revenue.

29. Proceedings where persons offering articles in pawn do not give a good account of themselves. (1) Any person who- (a) offers to a pawnbroker an article by way of pawn, being unable or refusing to give a satisfactory account of the means by which he became possessed of the article; or (b) wilfully gives false information to a pawnbroker as to whether an article offered by him in pawn to the pawnbroker is his own property or not, or as to his name and address, or as to the name and address of the owner of the article; or (c) not being entitled to redeem, and not having any title by law to redeem a pledge, attempts or endeavours to redeem same, shall be liable on conviction to a fine of two thousand naira. (2) In every such case, and also in any case where, on an article being offered in pawn to a pawnbroker, he reasonably suspects that it has been stolen or otherwise illegally or clandestinely obtained, the pawnbroker may seize and detain the person and the article, or either of them, and shall deliver the person and the article or either of them (as the case may be) as soon as possible into the custody of a police officer, who shall as soon possible be convey the person, if so detained, before a Magistrate to be dealt with according to law.

30. Prohibition of taking in pawn linen, apparel or unfinished goods, or materials entrusted to him. If a pawnbroker knowingly takes in pawn any linen, or apparel, or unfinished goods or materials entrusted to any person to wash, scour, iron, mend, manufacture, work up, finish or make up, he shall be liable on conviction to a fine of two thousand naira, and the pawnbroker shall likewise restore the pledge to the owner thereof, in the presence of the magistrate or as the magistrate may direct.

31. Search warrant for goods unlawfully pawned. (1) If the owner of any linen, or apparel, or unfinished goods or materials entrusted to any person as aforesaid, and unlawfully pawned with a pawnbroker, or the owner of any other article unlawfully pawned with a pawnbroker (the last mentioned owner having upon oath satisfied a magistrate that his goods have been unlawfully obtained or taken from him), swears before a magistrate that there is good cause to suspect that a pawnbroker has taken in pawn the linen, apparel, goods, materials, or article aforesaid without the privity or authority of the owner, and satisfies the magistrate that there are probable grounds for such suspicion, the magistrate may issue a warrant for searching, within the hours of business, the shop of the pawnbroker. (2) If the pawnbroker, on request by a police officer authorised by the warrant, refuses to open the shop and permit it to be searched, a police officer may break it open, within the hours of business, and search therein as he thinks fit for the linen, apparel, goods, materials or article aforesaid. (3) If on the search any linen, apparel, goods, materials, or article aforesaid, is or are found, and the property of the owner thereof is made out to the satisfaction of a magistrate, he shall cause same to be forthwith restored to the owner thereof.

32. Annual licence and fee. (1) Every pawnbroker shall annually take out from the prescribed officer a licence for carrying on his business for which licence there shall be paid such fee as may be prescribed. (2) Every licence shall be dated on the day on which it is issued, and shall determine on the 31st December following. (3) A separate licence shall be taken out and paid for by a pawnbroker for each pawnbroker’s shop kept by him. (4) If a person acts as a pawnbroker without having in force a proper licence, he shall be liable on conviction to a fine often thousand naira.

33. Forfeiture offence on conviction. If a pawnbroker is convicted of any fraud in his business or of receiving stolen goods knowing them to be stolen, the court before which he is convicted may, if it thinks fit, direct that his licence be forfeited.

34. Licence not to be granted without certificate. (1) A pawnbroker's licence shall not be granted to any person except on the product on and in pursuance of the authority of a certificate granted under this Law. (2) Any licence granted in contravention of this section shall be void.

35. Certificates to be granted by magistrate. Certificates under this Law shall be granted by a magistrate having jurisdiction in the place where the applicant intends to carry on business.

36. Form and duration of certificate. A certificate under this Law shall be in the form given in the Fourth Schedule or to the like effect, and shall be in force for one year. [Fourth Schedule.]

37. Notice of first application. A person intending to apply for the first time for a certificate under this Law shall, at least twenty-one days before the application, give notice by registered letter sent by post of his intention to a senior police officer in the district, and shall in the notice set forth his name and address and the situation of the shop in which he intends to carry on business.

38. Grounds of refusal of certificate. An application for a certificate shall not be refused except on one or more of the following grounds- (a) that the applicant has failed to produce satisfactory evidence of good character; (b) that the shop in which he intends to carry on the business of a pawnbroker or any adjacent house or place owned or occupied by him, is frequented by thieves or persons of bad character; (c) that he has not complied with the last preceding section.

39. Forgery of certificate. (1) If any person forges a certificate or tenders a certificate knowing it to have been forged, he shall be liable on conviction to a fine of one thousand naira or to imprisonment for six months. (2) A licence granted in pursuance of a forged certificate shall be void, and if any person makes use of a forged certificate, knowing it to be forged, he shall be disqualified from obtaining at any time thereafter a pawnbroker’s licence.

40. General penalty for offences. If a pawnbroker or other person is guilty of an offence against this Law, in respect whereof a specific forfeiture or penalty is not prescribed by this Law he shall on being convicted thereof be liable to a fine of two thousand naira.

41. Application of penalties. Any penalty recovered under this Law, not directed to be otherwise applied, may be applied under direction of the court before which it is recovered, as follows- (a) where the complainant is the party aggrieved, one-half of the penalty may be paid to him; and (b) where the complainant is not the party aggrieved, there may be paid to him such part (if any) of the penalty as the court may think fit.

42. Amends for frivolous information. Where a complaint or information of any offence against this Law (not being an offence against any provision of this Law relating to licences), is made or laid before a Magistrate and is not further prosecuted, or if any such complaint or information is further prosecuted, but it appears to the Magistrate by whom the case is heard that there was no sufficient ground for the making of the charge, the Magistrate shall have power to award such amends, not exceeding the sum of five thousand naira, to be paid by the complainant or informant to the party complained of or informed against for his loss of time and expenses in the matter, as to the Magistrate may seem just, and every sum so awarded shall be recoverable as fines are recoverable.

43. Penalty on common informers compounding information. If any person lays an information for an offence alleged to have been committed against this Law by which he was not personally aggrieved, and afterwards directly or indirectly receives any sum of money or other reward for compounding, delaying or withdrawing the information, he shall be liable on conviction to a fine of two thousand naira.

44. Detention of person uttering forged pawn-ticket. 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 may seize and detain the person and the ticket, or either of them, and shall deliver the person and the ticket, or either of them (as the case may be) as soon as may be into the custody of a police officer, who shall, as soon as may be, convey the person, if so detained, before a Magistrate to be dealt with according to law.

45. Production of books on demand by court or superior police officer. (1) The books required by this Law to be kept by a pawnbroker shall be produced by him for examination at any time during business hours on demand by any court or by any superior police officer or any police officer holding a written authority from a superior police officer authorising him to act under this section, each of whom is hereby authorised to enter at any time during business hours any pawnbroker’s shop without warrant to search for and examine the said books and to take extracts and copies therefrom. (2) Any pawnbroker who fails to comply with the requirements of this section shall be liable on conviction to a fine of two thousand naira.

46. Description of stolen goods. The police on receiving information of any property being lost or stolen or otherwise fraudulently disposed of shall, as soon as possible, furnish all pawnbrokers with a description thereof. If any property answering to such description be in the possession of any pawnbroker, or thereafter be offered or shown to any pawnbroker, he shall immediately give notice to that effect at the nearest police station or to a police officer. He shall at the same time give the name and address of the person from whom he received the property or by whom the property was offered or shown to him. The pawnbroker may detain the person offering or showing such property until the arrival of the police.

47. Authority to search pawnbroker's premises. Any superior police officer or any police officer holding a written authority from a superior police officer specially authorising him to act under this Law may enter any pawnbroker’s shop at any time during business hours and may search without warrant the house, shop or premises of such pawnbroker for any articles that he may have reason to suspect to be therein and to have been dishonestly obtained or dishonestly placed there.

48. Contracts not void on account of offences. Where a pawnbroker is guilty of an offence against this Law (not being an offence against the provisions of this Law relating to licences), any contract of pawn or other contract made by him, in relation to his business of pawnbroker, shall nevertheless not be void by reason only of that offence, nor shall he by reason only of that offence lose his lien on or right to the pledge or to the loan and profit, but nothing in this section shall restrict the operation of any provision of this Law providing for the delivery of any goods and chattels, or the restoration of any linen, apparel, unfinished goods, materials or article to the owner, under the order of a court.

49. Power to make regulations. The Executive Council may make regulations- (a) for altering or adding to the forms, rules, regulations and other provisions in the Schedule; and (b) generally for the better carrying out of the provisions of this Law. Schedule 1 PAWNBROKERS LAW. FORM No. 1 Pledge Book .................................... of ........................................... pawnbroker, ......................................... of ...............................................,

20......................................................................... Date of Profit Amount No. of Name Address Name Address List of redemption charge of loan pledge in of of of of articles the pawner pawner owner if owner pawned month other if other as than than described pawner pawner on pawntickets All entries in the last five columns respecting each pledge shall be made on the day ofthe pawning thereof, or within four hours after the end of that day. FORM No. 2 Pawn-ticket [Section 10.] A For loan of one hundred naira or under Pawned with [John Smith], pawnbroker: ...................................................................................Street, this........................................... day of......................................................................20................... by [Henry Williams] of........................................ Street, for the sum of...................................naira. [One Black Frock Coat] *The pawnbroker is entitled to charge- for this ticket.......................................................................................................................five naira. for profit on each fifty naira or part of fifty naira lent on this pledge for not more than one calendar month...................................................; and so on at the same rate per calendar month. 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. This pledge must be redeemed within twelve calendar months and seven days from the date of pledging. At the end of that time it becomes the property of the pawnbroker. 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, with such value to be the amount of the loan and profit and twenty-five percent on the amount of the loan. If this 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 magistrate, or the pawnbroker will be bound to deliver the pledge to any person who produces this ticket to him and claims to redeem same. The following is to be printed on the ticket, on the front, or back, or partly on the front and back. B For loan of above one hundred naira, and not above two thousand naira Pawned with [John Smith], pawnbroker ....................................... Street, this ...............: day of ......................., 20 .................................., by [Henry Williams] of ...................... Street, for the sum of ..................... naira ........................ kobo. [One Grey Tweed Coat] *The pawnbroker is entitled to charge- for this ticket.................................................. ten naira; for profit on each fifty naira or part of fifty naira lent on this pledge for not more than one calendar month................................................five naira; and so on at the same rate per calendar month. 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. If this pledge is not redeemed within twelve calendar months and seven days from the day of pledging, it may be sold by auction by the pawnbroker, but it may be redeemed 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 ten naira and receive any surplus produced by the sale. But the 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 percent on the amount of the loan. 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 same. * The following is to be printed on the ticket, on the front, or back, or partly on the front and back.

C For loan of above N2,000.00 Pawned with [John Smith], ................................................. pawnbroker...........................Street, this ...................................... day of........................................... 20................................... . by [Henry Williams] of...........................................Street, for the sum of.................................................naira ....................................... kobo. [One suit of clothes consisting of one overcoat, one pair of trousers, and one vest] *The pawnbroker is entitled to charge- for profit on each fifty naira or part of fifty naira lent on this pledge for every calendar month or part of a calendar month ......................... fifty naira. If his pledgees not redeemed within twelve calendar months and seven days from the day of pledging, it may be sold by auction by the pawnbroker, but it may be redeemed 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 often naira, 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 profit and twenty-five percent on the amount of the loan. 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 same. FORM No. 3 Sale Book of Pledges for Loans of Above One Hundred Naira [Date and place of sale] [Name and place of business of auctioneer] No. of pledge as Date of pawning Name of pawner Amount of loan Amount for in pledge book which pledge sold as stated by auctioneer *The following is to be printed on the ticket, on the front or back, or partly on the front and back. FORM No. 4 Declaration Where Pledge Claimed by Owner [Cap. P3.] 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................... day of..............................

20..............the articles mentioned in it will be delivered to any person producing the pawn- ticket. I, A.B., of...........................................................in pursuance of the Pawnbrokers Law 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- And I, C.D., of........................................................... in pursuance of the said Law do solemnly and sincerely deciare that I know the person now making the aforegoing declaration to be A.B., of Declared before me this ........................ day of ...................,

20............ Signed................................................................. Magistrate FORM No. 5 Declaration where Pawn-ticket Lost [Cap. P3.] 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...................................................................... day of...................................,

20........................................ the articles mentioned in it will be delivered to any person producing the pawn-ticket. I, A.B., of...................................................., in pursuance of the Pawnbrokers Law do solemnly and sincerely declare that ..........................................pledge at the shop of............................................. pawnbroker, the article (or articles) described below being................................................................ property and received a pawn-ticket for the same, which has since been ......................................... by ....................................and that the pawn-ticket has not been sold or transferred to any person by or to..............knowledge or belief. The article (or articles) above referred to is (or are) the following- ........................................................................................................................................................:......... And I, C.D., of.................................................................in pursuance of the said Law, to solemnly and sincerely declare that I know the person now making the aforegoing declaration to be A.B., of Declared before me this.......................................... day of....................................., 20................... Signed.................................................................. Magistrate FORM No. 6 Receipt [Date] Received on redemption of pledge no................................................................................................... Amount of loan..................................................................................................................................... Profit..................................................................................................................................................... Total .................................................................. ............................................. ............................................. ............................................. [AB.] Pawnbroker Schedule 2 PAWNBROKERS LAW. Profit and Charges Allowed to Pawnbrokers PART I Profit on Loan On any loans made under this Law- for any time during which the pledge remains in pawn, not exceeding one month, for every twenty kobo or fractional part of fifty kobo lent.........................................................five naira; for every month after the first, including the current month in which the pledge is redeemed although that month is not expired, for every twenty kobo or fractional part of fifty naira lent ....................................................................... five naira. PROVISION In cases where the loan does not exceed four naira 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 or any period less than fourteen days, be entitled to take half of the amount which he would be entitled to take for the whole month. PART II Charge on Pawn-ticket Where the loan is N100.00 or under N5.00 Where the loan is above N100.00 N10.00 PART III Charge on Inspection of Sale Book For the inspection of the entry of a sale N10.00 PART IV Charge on Form of Declaration Where the loan is N50.00 or under N10.00 Where the loan is above N50.00 N10.00 RULE This sum is to be paid by the applicant at the time of application. Schedule 3 PAWNBROKERS LAW. Regulations as to Auctions of Pledges Above N100.00

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

2. He shall publish catalogues of the pledges stating- (a) the pawnbroker's name and place of business; (b) the month in which each pledge was pawned; and , (c) the number of each pledge ah entered at the time of pawning in the pledge book.

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

4. The auctioneer shall insert in some public newspaper an advertisement giving notice of the sale, and stating- (a) the pawnbroker's name and place of business; (b) the months in which the pledges were pawned.

5. The advertisement shall be inserted on two separate days in the same newspaper, and the second advertisement shall be inserted at least three clear days before the first day of sale.

6. Pictures, prints, books, bronzes, statues, busts, carvings in ivory and marble, cameos, intaglios, musical, mathematical and philosophical instruments, and china, sold by auction, shall be sold by themselves, and without any other goods being sold at the same sale, four times only in every year (that is to say) in the months of January, April, July and October, and at no other time.

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

8. 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 authenticated by the signature of the auctioneer.

9. The pawnbroker shall preserve every such catalogue for three years at least after the auction. Schedule 4 PAWNBROKERS LAW. Form of Certificate of Magistrate [Section 36.] I, A.B.....................................................of the district of................................................................. do hereby certify that I do authorise the grant to C.D., of........................................................................ of a licence to carry on the business of a pawnbroker in the district of.............................................. ....................................................... Magistrate Form of Pawnbroker's Licence [Cap. P3.] Licence is hereby granted to ..................................................................to carry on the business of a pawnbroker at.....................................................in the....................................................................... of........................................................... This licence is issued subject to the provisions of the Pawnbrokers Law, and will expire on the 31st December, 20............................................ Dated this................................................................. day of.....................................,

20................... ........................................ Licensing Officer.