Ordinance 43

CITY OF HALIFAX
ORDINANCE NUMBER 43

FOR THE REGULATION OF PAWNBROKERS

BE IT ENACTED by the Mayor and City Council of the City of Halifax as follows:

1. Every person holding a license to do business as a pawnbroker shall, while such license is in effect, keep exhibited in large legible characters, to the satisfaction of the Chief of Police, on a sign over the outer door of the place in which he is licensed to do business as a pawnbroker, his name and the word "Pawnbroker".

2. Every pawnbroker shall keep a book, hereinafter called the "Register of Pledges", in which shall be clearly written in ink, at the time each loan is made, an accurate account and description, in English language, of the goods, articles, and things pawned or pledged, and a statement of any descriptive numbers of marks thereon, the time of pledging the same, the rates of charges to be paid on the loan, and the name and place of residence and a minute personal description of the person pawning or pledging the goods, articles, or things. No entry made in the book shall be erased, obliterated, or defaced, and no leaves shall be torn out. The pages of the book shall be of such size as the Chief of Police shall, from time to time, determine and shall be ruled and captioned in the form following, that is to say:

No. of Pawn Ticket.
Amount Loaned.
Rate of Charge.
Description of Articles.
Name and Address of Persons Pledging.
Age.
Complexion.
Color and Style of Beard or other distinctive characteristics.
Style of Dress.
Height - Ft. In.
Date and Time received.
Particulars of Redemption or Sale.

3. Every pawn broker shall, at the time of each loan, deliver to the person pawning or pledging any goods, articles, or thing, a memorandum, note, or ticket signed by him, containing the substance of the entry required to be made in his Register of Pledges by the last preceding section. No charge shall be made or received by any pawnbroker for any such entry, memorandum, note, or ticket. Such ticket shall be in the form set out in Schedule "A" hereof or to the like effect.

4. The said Register of Pledges, as well as every article or thing pawned or pledged, shall at all reasonable time be open to the inspection of the Chief of Police or of any member of the Police Force.

5. No pawnbroker, unless he also holds a license as a junk dealer or a second-hand clothes dealer, or for carrying on the business of purchasing or soliciting the purchase of old gold or other precious or semi-precious metals or articles made therefrom, shall purchase or acquire any second-hand article or thing whatsoever offered to him.

6. Every pawnbroker shall make out, sign, and deliver to the Chief of Police a report, on a form to be supplied to such pawnbroker by the Chief of Police, every day except Sundays and statutory holidays, before the hour of 12 o'clock noon, showing a legible and correct copy of entries in the Register of Pledges of all goods, articles, and things received on deposit during the 24 hours ending at 10 o'clock in the forenoon of the same day, together with the time and date when received and a description of the person or persons by whom the same were left in pledge or from whom received. The report on any day following a Sunday or a statutory holiday shall cover the period beginning with 10 o'clock in the forenoon on the day on which the last preceding report was made. The report shall be in the form following:

Office of...................
Pawnbroker at No. ............
Street,
Halifax, N.S.
Date......................

Description of property received during 24 hours ending 10 a.m. on ...................day of............19......together with the name and description of persons making pledges or sales in accordance with the By-laws of the City of Halifax.

I hereby certify that the following is a correct copy of the entries in my book, relating to the matters stated therein, and the said entries are true.

No. of Pawn Tickets
Amount Loaned
Description of Articles
Names and Residence of Persons Pledging
Age
Complexion
Color and Style of Beard or other distinctive characteristics
Style of Dress
Height ft. In.
Time Received
Remarks

7. Immediately after the redemption or sale of any pawned article, the pawnbroker shall make, or cause to be made an entry in the Register of Pledges showing by whom said articles were redeemed or purchased, the residence and description of said person, and the date of such redemption or purchase.

8. No pawnbroker shall permit any goods, article, or thing received on deposit or pledge by him to be redeemed or removed from the place of business of such pawnbroker during the period of seventy-two hours after the report to the Chief of Police, required by Section 6 hereof, has been delivered to the Chief of Police.

9. No pawnbroker shall receive on deposit or pledge or permit to be redeemed any goods, article, or thing at any time other than between the hour of 9 o'clock in the forenoon and 6 o'clock in the afternoon.

10. No pawnbroker shall take or receive in pawn or pledge for money loaned, any property, bonds, notes, securities, article, or thing produced or presented by any person under the age of 21 years.

11. No pawnbroker shall employ any person under the age of 21 years to take pledges in pawn.

12. No pawnbroker shall take any article in pawn from any person appearing to be intoxicated nor from any person whom he knows to be a thief or to have been convicted of larceny or burglary.

13. No license as a pawnbroker shall be issued to any person licensed to carry on the business of an auctioneer and no person licensed to carry on the business of a pawnbroker shall be issued with a license to carry on the business of an auctioneer.

14. Every person entitled to receive a license as a pawnbroker shall, before receiving such license, give to the City of Halifax security to the satisfaction of the Chief of Police in the sum of One Thousand Dollars or shall furnish a bond of some recognized guaranty company, approved by the Chief of Police, and such security or bond shall be conditioned upon the compliance by such person with the provisions of this Ordinance. Such bond shall name the City as beneficiary, but such bond and such security shall also enure to the benefit of other persons dealing with such person as a licensed pawnbroker. Any such security or bond or renewal thereof shall be continued in effect during the entire period during which such person holds such license as a pawnbroker and for a period of two years after the date of the expiration of such license.

14A. (a) The fee payable for a license to do business as a pawnbroker shall be Three Hundred and Ninety Dollars ($390.00).

14B. Every pawn broker and every person employed by a pawnbroker shall wear a badge so as to be in full view at all times which shall be furnished by the City on the payment of a fee of Five Dollars ($5.00).

15. No licensed pawnbroker shall:

(1) purchase or take in pawn a pawn ticket issued by any other pawnbroker; or

(2) carry on business of a pawnbroker on

(a) Sundays
New Year's Day
Good Friday
Easter Monday
Victoria Day
Dominion Day
Labour Day
Remembrance Day
Christmas Day
The birthday (or the day fixed by proclamation for the celebration of the birthday) of the reigning sovereign. Any day appointed by proclamation for a public holiday, or for a general fast, or a general thanksgiving throughout Canada. The day next following New Year's Day, Christmas Day, Victoria Day, Dominion Day and the birthday (or the day fixed by proclamation for the celebration of the birthday) of the reigning sovereign whenever New Year's Day, Christmas Day, Victoria Day, Dominion Day or the birthday (or the day fixed by proclamation for the celebration of the birthday) of the reigning sovereign shall respectively fall on Sunday.

(b) Any day appointed by proclamation of the Lieutenant-Governor of the Province of Nova Scotia for a public holiday, or for a fast or thanksgiving.

(c) Any day appointed as a civic holiday by resolution of the City Council of the City of Halifax; or

(3) under any pretence purchase, except at public auction, any pledge while in pawn with him; or

(4) suffer any pledge while in pawn with him to be redeemed with a view to his purchasing it; or

(5) make 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

(6) sell or otherwise dispose of any pledge pawned with him except at such time and in such manner as is authorized by this Ordinance; or

(7) take in pawn from any person any naval or military medal, badge, decoration, or order.

16. (1) (a) Any pledge may be disposed of by the pawnbroker, in the manner hereinafter provided, after the expiration of one year from the date on which it was pawned, provided however that such pledge shall continue to be redeemable until it is so disposed of, although the year of redemption has expired.

(b) Before such sale, the article pawned shall be exposed to public view and in advertisement thereof, containing the name and place of business of the pawnbroker, a description of the articles separately, the month the pledge was received in pawn, and the number of the pledge, shall be published on two separate days in a newspaper published and circulating in the City of Halifax, and the second advertisement shall be published at least two clear days before the first day of the sale.

(c) If the articles are not described separately in the advertisement, the pawnbroker shall be guilty of an offence and liable to a penalty.

(d) A pawnbroker may bid for and purchase at a sale by auction made or purporting to be made under this Ordinance any pledge pawned with him and on such purchase he shall be deemed the absolute owner of the pledge purchased.

(e) 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 bidding 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.

(f) The pawnbroker shall enter in a book to be kept for that purpose a just account of the sale, showing therein the day of the month on which the articles were pledged, the name of the pawner, the day when and the money for which each article pledged was sold, and the name and abode of the auctioneer.

(g) If the pledge is sold for more than was due thereon, the overplus, after deducting the necessary costs and charges of the sale and advertisement, shall be paid to the pawner by whom or upon whose account the pledge was pawned.

(h) The pawner or the person for whom the pledge was pawned or his executor, administrator, or assignee, shall, within a period of four years from the date of such pawning, have the right to inspect the entry made of the sale on paying five cents for the inspection.

(i) If the pawnbroker refuses to permit the pawner or the person for whom the pledge was pawned or his executor, administrator or assignee, upon the production of the probate or letters of administration or the assignment, to inspect such entry, or if the pledge was sold for more than the sum entered in such book, or if the pawnbroker did not make such entry, or did not in good faith sell the pledge according to the provisions of this Ordinance, or refuses to pay the overplus on demand, in addition to any other liability, he shall be guilty of an offence and liable to a penalty.

17. Where a pledge is destroyed or damaged by or in consequence of fire, the pawnbroker 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 charges, such value to be the amount of the loan and charges due thereon to the date of such application and twenty-five percent of the amount of the loan.

SCHEDULE "A"
FORM OF PAWN TICKET [PDF]

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 any pledge is not redeemed within one year from the date of pawning exclusive of such date, it may be sold by auction at the instance of the pawnbroker, but it may be redeemed at any time before the day of sale.

Within four years after the pawning of any article, the pawner or his legal representatives may inspect the pawnbroker's books on payment of five cents and receive any surplus produced from such sale.

If this ticket is lost, mislaid, or stolen, the pawner should at once notify the pawnbroker.

If the pledge is destroyed or damaged by or in consequence of fire, the pawnbroker shall nevertheless be liable on application with 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 charges thereon, such value to be the amount of the loan and charges due thereon to the date of such application and twenty- five percent of the amount of the loan.

Passed Council January 17, 1952, and February 18, 1952. Forwarded to Minister of Municipal Affairs, but returned with certain suggested amendments.

Passed Council again on May 15, 1952, incorporating the amendments as suggested by the Minister. Approved by Minister of Municipal Affairs on June 2, 1952.

AMENDMENTS:
No. 1 Section 14A added to Ordinance No. 43.
Passed Council March 12, 1959 and April 16, 1959
Approved by M.M.A.: April 22, 1959.

No. 2 New Section 14B
Notice of Motion to Introduce: October 17, 1985
First Reading: October 31, 1985
Committee of the Whole Council: November 6, 1985
Second Reading: November 14, 1985
Approval of M.M.A.: IN EFFECT AS OF FEBRUARY 26, 1986 BY
VIRTUE OF SECTION 145 (2) OF THE HALIFAX CITY CHARTER

No. 3 Amendment: Section 14A
Notice of Motion to Introduce: October 16, 1986
First Reading: October 30, 1986
Committee of the Whole Council: December 3, 1986
Second Reading: December 11, 1986
Approval of M.M.A.: January 23, 1987

No. 4 Amendment: Section 14A
Notice of Motion: January 14, 1988
First Reading: January 28, 1988
Committee of the Whole Council: February 3, 1988
Second Reading: February 11, 1988
Approval of M.M.A.: March 3, 1988

No. 5 Amendment: Section 14A
Notice of Motion: October 13, 1988
First Reading: October 27, 1988
Committee of the Whole Council: November 9, 1988
Second Reading: November 17, 1988
Approval of M.M.A.: January 12, 1989

No. 6 Amendment: Section 14A
Notice of Motion: September 28, 1989
First Reading: October 12, 1989
Committee of the Whole Council: October 18, 1989
Second Reading: October 26, 1989
Approval of M.M.A.: November 16, 1989

No. 7 Amendment: Section 14A 
Notice of Motion to Introduce: October 25, 1990
First Reading: November 15, 1990 
Committee of the Whole Council: November 21, 1990 
Second Reading: November 29, 1990 
Approval of M.M.A.: January 9, 1991

No. 8 Amendment: Section 14A
Notice of Motion to Introduce: December 12, 1992
First Reading: January 16, 1992
Committee of the Whole Council: January 22, 1992
Second Reading: January 30, 1992
Approval of M.M.A.: March 4, 1992

No. 9 Amendment: Section 14A
Notice of Motion to Introduce: October 1, 1992
First Reading: October 15, 1992
Committee of the Whole Council: October 21, 1992
Second Reading: October 29, 1992
Approval of M.M.A.: January 6, 1993

No. 10 Amendment: Section 14A
Notice of Motion to Introduce: November 17, 1994
First Reading: December 1, 1994
Committee of the Whole Council: December 7, 1994
Second Reading: December 15, 1994
Approval of M.M.A. is not required (Chapter 41, Acts of 1992)