Pawnbroking Act, 1894
Act 13 of 1894
- Commenced on 25 July 1894
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Pawnbroking Act, 1894.
2. LicencesA person desirous of carrying on business as a pawnbroker within Swaziland shall take out a licence at the office of the Regional Administrator, or other official appointed for the purpose, within whose district he resides, and shall pay therefor the fees specified in the Schedule.
3. Refusal of licenceThe Regional Administrator, or other qualified official, shall have the right to refuse such licence, if he deems such refusal advisable in the interest of the region district.
4. Duty of pawnbrokerNo person shall have the right to accept or to advance money or value on, or to pay for or to buy, any goods or property should he suspect that such articles are not the bona fide property of the person who offers them for pawn or sale, but he shall in suspicious cases immediately inform the proper authorities thereof.
5. Public sale of articlesAll articles and property not released within the time agreed upon shall be sold on the public market at a date at least fourteen days after publication has been made in the Gazette and a newspaper circulating in the district in which the pawnbroker resides.
6. Licence not transferableThe pawnbroker’s licence shall not be transferable, and the person in whose name the licence is issued shall in every case be liable for any contravention of this Act.
7. SecurityAny person desirous of carrying on the business of a pawnbroker shall before the licence is issued give security to the amount of one thousand emalangeni, together with two competent sureties in possession of unmortgaged fixed property, who shall be liable in solidum, in the amount of five hundred emalangeni each.
8. Form of deed of securityThe form of deed of security shall be more or less as follows:
Deed of security for pawnbrokersAppeared before me ______________, this __________ day of __________ 19 __________, residing at __________ who declared that he was indebted to the Government of Swaziland in the sum of one thousand emalangeni: and of __________ and of __________, who declared that they each are indebted jointly and severally in solidum to the Swaziland Government in the sum of five hundred emalangeni: accordingly renouncing the legal exceptions of __________ with the force of which they declared themselves to be fully acquainted, to be recovered from the goods and properties of either or both of them in case the said ______________ did not fulfil the duties and obligations enjoined on him by law.Thus done and signed at the office of ____________, at ______________,This ______________ day of ______________, signed before me on day, date and place aforementioned.As Witnesses:(Signature)Regional Administrator,(or other authorised official).
9. Withdrawal of licenceThe licence may be withdrawn by the Regional Administrator or qualified official respectively, in case of any contravention of this Act.
10. Offence and penaltyA person who contravenes this Act shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or in default of payment thereof to imprisonment for a period not exceeding six months.
11. Prohibition on acting as pawnbrokerNo person will be allowed to act as pawnbroker, or to carry on that profession, without having obtained the licence mentioned in section 2.
History of this document
01 December 1998 this version
25 July 1894