Any person will be himself guilty of an offence who lodges an infor mation for an alleged offence by which he was not personally aggrieved, and afterwards directly or indirectly receives, without the permission of a justice, a sum of money or other reward for compounding, delaying, or withdrawing the information. If any one utters, produces, shows, or offers to a pawn broker 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 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 constable, who will convey the person, if so detained, before a justice to be dealt with according to law. A pawnbroker must at any time, when ordered or summoned by a Court of summary jurisdiction, attend before the Court and produce all books and papers relating to his business which he is required by the Court to produce. If he fails to do so lie shall be guilty of an offence. Where a pawnbroker is guilty of an offence (not being one relating to licences), no contract of pawn or other contract made by him in relation to his business of pawnbroker will be void by reason only of that offence ; nor will he by reason only of that offence lose his lien on or right to the pledge or to the loan and profit. But this does not restrict the operation of any provision of the Act providing for the delivery of goods and chattels, or the restoration of linen, apparel, goods, materials, or article to the owner, under the order of a Court. Any person who thinks himself aggrieved by a convic tion or order under the Act, or by the refusal of a certificate for a licence, may appeal therefrom, subject to the following conditions and regulations :—(1) The appeal must be made to some Court of general or quarter sessions for the county or place in which the cause of appeal has arisen, held not less than fifteen days and (unless adjourned by the Court) not more than four months after the decision or refusal appealed from : (2) The appellant must within seven days after the cause of appeal has arisen give notice to the other party and to the Court or authority appealed from of his intention to appeal and the ground thereof : (3) He must immediately after that notice enter into a recognisance before a justice with two sufficient sureties conditioned per sonally to try the appeal, and to abide the judgment of the Court thereon, and to pay such costs as may be awarded by the Court, or give such other security by deposit of money or otherwise as the justice allows: (1) Where the appellant is in custody the justice may, if he thinks fit, on the appellant entering into such recognisance or giving other proper security, release him from custody : (5) The Court of appeal may adjourn the appeal ; and upon the hearing thereof they niay confirm, reverse or modify the decision or refusal appealed from, or remit the matter with the opinion of the Court of appeal thereon, or make such other order in the matter as the Court thinks just, and niay make such order as to costs to be paid by either party as the Court thinks just.
No order or conviction of a Court of summary jurisdiction against which a person is authorised by the Act to appeal can be quashed for want of form, or be removed by certiorari or otherwise at the instance either of the Crown or of any private party into any superior Court. A m arrant of commitment, on 9. conviction by a Court of sununary jurisdiction under the Act, is not void by reason of any defect therein, if only there is ft valid conviction to maintain the warrant, and it is alleged therein that the party has been convicted.
Any person who is sued or prosecuted for anything done by him in pursuance or execution or intended execution of the Act, may plead generally that the same was done in pursuance or intended execution of the Act, and give the special matter in evidence.
Scotland.—This Act applies to Scotland, subject to the following neces sary provisions : (1) The following expressions occurring in the Act have the meaaings here assigned to them ; (that is to say), " Overseers of the poor" means inspectors of the poor; "Entering into a recog-nisance before a justice" means finding caution with the clerk of' the peace to the satisfaction of such clerk ; " Recognisance" means a bond of caution; " Penalty " means any money recoverable under the Act from a person convicted of contravening any of its provisions, and also any money recoverable as aforesaid as or through and in consequence of a forfeiture ; " Sheriff" includes sheriff substitute ; "Court of summary jurisdiction" means any sheriff, justice or justices of the peace, or magistrate by whatever name called, to proceedings before whom the provisions of " The Summary Procedure Act, 1864," may be applied : (2) The provisions of "The Summary Procedure Act, 1864," niay be applied to all proceedings for the trial or prosecution for any offence, or for the recovery of any penalty, or for the obtaining of any order before a Court of summary jurisdiction under this Act : (3) The Court of summary jurisdiction when hearing and determining an information or complaint under this Act is to be constituted of tIvo or more justices in petty sessions, or two or more magistrates of a. burgh in a burgh court, or of a sheriff or some other magistrate or officer for the time empowered by law -to do alone any act authorised to be done by more than one justice of the peace: (4) A person found liable under this Act in any penzdty will be liable in default of immediate payment to imprisonment for a term not exceeding six months ; and the conviction and warrant may be in the form of No. :3 of Schedule K. of "The Summary Procedure txt, 1864"; (5) A person making default in complying with an order of Court of summary jurisdiction under the Act will be liable to imprisonment for a term not exceeding three mouths : (6) The Court of sun»nary jurisdiction may award costs, and shall have and exercise all the jurisdictions, powers, and authorities necessary for that court for the purposes of the Act : (7) A person authorised by the Act to appeal from a. conviction or order of a Court of summary jurisdiction may, when that court is a burgh or sheriff court, appeal to the next circuit court of justiciary, or, where there are no circuit courts, to the High Court of Justiciary in Edin burgh, in the manner prescribed by such of the provisions of the Act of the twentieth year of the reign of King George the Second, and any Act amending the same, as relate to appeals in matters criminal, and by and under the rules, limitations, conditions, and restrictions contained in the same pro visions : (8) Certificates under the Act will be granted by the justices for counties or districts, and the magistrates of burghs at their respective meetings for granting and renewing certificates for the sale of exciseable liquors, or at some adjournment thereof, which adjournment they respectively may make from time to time as they think fit for the purposes of the Act, or at some other meetings specially convened for that purpose : (9) Pawnbrokers will not be guilty of an offence against the Act who carry on the business of a pawnbroker on Good Friday or Christmas Day.