Pawnbrokers Act, 1964
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Pawnbrokers Act, 1964.
(2) This Act shall come into operation on such day as may be fixed therefor by order of the Minister.
num: 2
paragraphs: —In this Act, save where the context otherwise requires—
“licence” means a licence under section 8;
“the Minister” means the Minister for Justice;
“pawnbroker” includes any person who carries on the business of taking goods and chattels in pawn and in particular (but without prejudice to the generality of the foregoing) includes any person who—
(a) receives or takes from any other person any goods or chattels by way of security for the repayment of any sum of money not exceeding fifty pounds advanced thereon; or
(b) purchases, or receives or takes in, goods or chattels and pays or advances or lends thereon any sum of money not exceeding fifty pounds with or under an agreement or understanding expressed or implied or from the nature of the transaction to be reasonably inferred that those goods or chattels may be afterwards redeemed or purchased on any terms;
“pawner” means a person delivering an article for pawn to a pawnbroker;
“pawn-ticket”, except in section 14, includes a special contract pawn-ticket;
“pledge” means an article pawned with a pawnbroker;
“redemption period” means a period, commencing on the day next following the date of pawning, within which a pawnbroker may not lawfully sell or dispose of a pledge.
num: 3
paragraphs: —This Act applies to every transaction entered into after the commencement of this Act in respect of a pledge on which a loan or advance not exceeding fifty pounds is made by a pawnbroker to a pawner but does not apply to any other transaction.
num: 4
paragraphs: —(1) Anything authorised by this Act to be done by a pawnbroker may be done by his servant or agent.
(2) For the purposes of this Act, anything done or omitted by a servant or agent of a pawnbroker in the course of the business of the pawnbroker shall be deemed to be done or omitted, as the case may be, by the pawnbroker.
(3) The provisions of this Act relating to pawnbrokers shall have effect in relation to executors and administrators of deceased pawnbrokers, but an executor or administrator of a deceased pawnbroker shall not be personally liable to any penalty not incurred by his own act or default.
num: 5
paragraphs: —(1) Any rights, powers, privileges and benefits reserved to or conferred on pawners by this Act shall be deemed to be reserved to and conferred on the assignees of pawners and the executors and administrators of deceased pawners.
(2) Any person representing himself to a pawnbroker to be the assignee of a pawner or the executor or administrator of a deceased pawner shall, if so required by the pawnbroker, produce to him the instrument under which he claims.
num: 6
paragraphs: —(1) The enactments set out in the First Schedule are hereby repealed to the extent specified in the third column of that Schedule.
(2) Notwithstanding the repeal of the said enactments, those enactments shall, until the 31st day of July, 1965, continue to have effect for the purpose of the grant of a pawnbroker's licence to a person who is not at the commencement of this Act the holder of such licence.
num: 7
paragraphs: —(1) A person shall not carry on the business of a pawnbroker at any premises unless he holds a licence which is in force in respect of those premises.
(2) A person who is the holder of a pawnbroker's licence granted under the Stamp Duties (Ireland) Act, 1842 , shall, for so long as he holds such licence, be deemed to be duly licensed for the purpose of subsection (1) of this section until the 31st day of July next following the commencement of this Act.
(3) Any person who contravenes this section shall be guilty of an offence.
num: 8
paragraphs: —(1) The Revenue Commissioners shall, subject to the provisions of this Act—
(a) upon application being made to them for a licence to carry on the business of a pawnbroker at a particular premises, and
(b) upon the production by the applicant of a certificate granted under section 10 in respect of those premises, and
(c) upon payment to them by the applicant of the excise duty for the time being required by law to be paid by a person taking out such licence, grant to the applicant a licence to carry on the business of a pawnbroker at those premises.
(2) A licence shall come into force on the date specified therein and shall expire on the next following 31st day of July.
num: 9
paragraphs: —A pawnbroker may transfer his licence to another person who has been granted a certificate under section 10 which is in force, but the transfer shall not take effect until the certificate has been produced to and endorsed by the Revenue Commissioners.
num: 10
paragraphs: —(1) The District Court may, upon application being made to it, grant to a person a certificate authorising the grant to him, subject to the provisions of this Act, of a licence.
(2) A separate certificate shall be required in respect of each licence sought.
(3) A certificate shall come into force on the date specified therein and shall expire on the next following 31st day of July.
(4) A certificate shall not be refused except on one or more of the following grounds:
(a) that satisfactory evidence has not been produced of the good character of the applicant;
(b) that satisfactory evidence has been produced that the applicant, or any person responsible or proposed to be responsible for the management of his business as a pawnbroker, is not a fit and proper person to hold a certificate;
(c) that the applicant, or any person responsible or proposed to be responsible for the management of his business as a pawnbroker, is by order of a court disqualified for obtaining a licence;
(d) that the applicant has failed to satisfy the Court that he is a person of financial stability;
(e) that the applicant is the holder of a bookmaker's licence granted under the Betting Act, 1931 ;
(f) that the applicant is the holder of a licence for the sale of intoxicating liquor;
(g) that the applicant is an auctioneer; or
(h) that the applicant's premises are not suitable for the carrying on of a pawnbroker's business.
(5) Any person aggrieved by the refusal of the Court to grant a certificate may appeal to the Circuit Court and the decision of that Court on the matter shall be final and not appealable.
(6) Whenever an application for a certificate is refused and an appeal from the refusal is lodged, then if the applicant was at the time of making the application the holder of a licence, the Revenue Commissioners may, without payment of any duty but subject to such conditions as they may think fit to impose, issue to the applicant a temporary licence for such period not extending beyond the expiration of seven days after the decision of the appeal as they may think fit, and every such temporary licence shall while it remains in force be a licence within the meaning of this Act.
num: 11
paragraphs: —(1) Where a pawnbroker is convicted of larceny, receiving stolen goods knowing them to have been stolen or any other offence involving fraud or dishonesty, the court before which he was convicted may, in addition to any other penalty imposed, order his licence to be suspended for such period as it thinks fit or to be cancelled.
(2) Where a pawnbroker is convicted of an offence mentioned in subsection (1) of this section and the court orders his licence to be suspended or cancelled and the pawnbroker appeals against the conviction or, if he has been convicted of more than one of those offences, against all of the convictions, the court before which he was convicted may, if it thinks fit, suspend the operation of its order suspending or cancelling the licence pending the hearing of the appeal.
(3) The District Court may, on the application of a member of the Garda SÃ­ochÃ¡na not below the rank of inspector, suspend a licence for such period as it thinks fit, if satisfied that the pawnbroker is also carrying on business as an auctioneer or is the holder of a licence to sell intoxicating liquor or of a bookmaker's licence granted under the Betting Act, 1931 , or has acted in contravention of any of the provisions of this Act.
(4) A pawnbroker whose licence has been suspended under subsection (3) of this section may appeal to the Circuit Court and the decision of that Court on the matter shall be final and not appealable.
(5) Whenever a licence has been suspended under subsection (3) of this section and an appeal against the suspension is lodged, the District Court may, if it thinks fit, suspend the operation of its order pending the hearing of the appeal.
(6) The suspension or cancellation of, or the failure to renew, a licence shall not prejudice or affect any right to redeem a pledge made before the date of the suspension or cancellation or the expiry of the licence, or any obligation or liability (whether arising by virtue of a contract or of any provision of this Act) subsisting at that date, and the pawnbroker holding the licence immediately before that date shall in respect of any pledge then held by him remain subject to the like obligations, liabilities and penalties as if the licence continued in force.
num: 12
paragraphs: —(1) (a) A person who forges a certificate or tenders a certificate knowing it to be forged shall, without prejudice to any other enactment, be guilty of an offence.
(b) Paragraph (a) of this subsection shall not be construed so as to enable a person to be punished twice for any offence.
(2) A licence granted in pursuance of a forged certificate shall be void.
(3) Any person who makes use of a forged certificate knowing it to be forged shall be disqualified for obtaining a licence at any time thereafter.
num: 13
paragraphs: —(1) A pawnbroker shall—
(a) keep displayed in large and legible characters over the outer door of the premises in which he carries on the business of a pawnbroker his name and the word “Pawnbroker”, and
num: 14
paragraphs: —(1) 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 a pawn-ticket.
num: 15
paragraphs: —(1) Notwithstanding anything in this Act, a pawnbroker may make a special contract with a pawner in respect of a pledge on which the pawnbroker makes a loan of more than ten pounds.
num: 16
paragraphs: —(1) Every pawnbroker shall in the course of his business—
num: 17
paragraphs: —(1) Every sum advanced by a pawnbroker in respect of goods taken in pawn by him shall be in good and lawful current money and no such sum shall be made up or completed by the inclusion of any other kind of value, benefit or payment.
(2) A pawnbroker who contravenes subsection (1) of this section shall be guilty of an offence.
(3) Where a pawnbroker is convicted of an offence under this section, the court, whether or not it imposes a penalty—
(a) shall order the sum properly due to be paid by the pawnbroker to the pawner in good and lawful current money; and
(b) may in its discretion order the pawner to repay or return to the pawnbroker the whole or any part of the other kind of value, benefit or payment given to the pawner.
num: 18
paragraphs: —(1) A pawnbroker shall not divide the amount of the loan sought by any borrower into smaller sums.
(2) A pawnbroker who contravenes subsection (1) of this section shall be guilty of an offence.
num: 19
paragraphs: —(1) A pawnbroker shall not—
(a) knowingly take anything in pawn from a person under the age of sixteen years whether offered for pawning by that person on his own behalf or on behalf of another person;
(b) take anything in pawn from a person who appears to be intoxicated;
(c) take anything in pawn from a person whom he knows to be a habitual drunkard;
(d) purchase or take in pawn or exchange a pawn-ticket issued by him or by another pawnbroker;
(e) purchase, except at an auction held under this Act, any pledge in pawn with him;
(f) make any contract or agreement with any person pawning or offering to pawn any article, or with the owner of any article, for the purchase, sale or disposition thereof within the redemption period;
(g) employ any person under the age of sixteen years to take goods in pawn;
(h) take in pawn any article where he is aware or has reasonable grounds for suspecting that the pawning would be a contravention of section 25;
(i) take in pawn any firearm or ammunition; or
(j) sell or otherwise dispose of any pledge except in accordance with this Act.
(2) A pawnbroker who contravenes any provision of subsection (1) of this section shall be guilty of an offence.
(3) Where a pawnbroker is charged with taking a thing in pawn from a person under the age of sixteen years whether offered for pawning by that person on his own behalf or on behalf of another person, it shall be a good defence for him to show that he did not know and had no reason to suspect that the person was under the age of sixteen years.
num: 20
paragraphs: —(1) A pawnbroker may charge interest on a loan on a pledge at a rate not exceeding that specified in Part I of the Fifth Schedule.
num: 21
paragraphs: —(1) Subject to subsections (3) and (4) of this section, the period within which a pledge (other than a pledge made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone) may be redeemed from a pawnbroker shall be the period of six months from the date on which the loan was made but, if the interest on the loan is paid within that period, the period within which such pledge may be redeemed shall be extended for a period of six months from the date up to which the interest was paid.
(2) Subject to subsections (3) and (4) of this section, the period within which a pledge made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone may be redeemed shall be one year.
(3) There shall be added to the periods mentioned in subsections (1) and (2) of this section a further period of seven days during which a pledge may not be lawfully sold or disposed of by a pawnbroker and shall be redeemable.
(4) A pledge pawned for a sum exceeding two pounds and a pledge made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone shall further continue redeemable until it is disposed of as provided in this Act although the redemption period has expired.
num: 22
paragraphs: —(1) The holder for the time being of a pawn-ticket shall, as between the pawner and the pawnbroker, be presumed to be the person entitled to redeem the pledge to which the ticket relates and, accordingly, subject to the provisions of this Act, a pawnbroker shall, on delivery to him of a pawn-ticket and on payment of the loan and interest and any other charges payable under this Act, deliver the pledge to the person tendering the ticket and the pawnbroker shall retain the ticket for a period of not less than one year.
(2) A pawnbroker shall not, except as otherwise provided in this Act, be bound to deliver up a pledge unless the pawn-ticket in respect of it is delivered to him.
num: 23
paragraphs: —Any person who—
(a) offers to a pawnbroker any article by way of pawn being unable or refusing to give a satisfactory account of the means by which he came into possession of the article;
(b) wilfully gives false information to a pawnbroker about the ownership of an article offered by him to the pawnbroker by way of pawn or about his name or address or the name or address of the owner of the article; or
(c) redeems or attempts to redeem or procures another person to redeem or attempt to redeem a pledge without being entitled to do so,
shall be guilty of an offence.
num: 24
paragraphs: —(1) Any pawnbroker who, without reasonable cause (proof of which shall lie on him), refuses or neglects to deliver a pledge to the person entitled thereto shall be guilty of an offence.
(2) Where a pawnbroker is charged with an offence under this section, the court may, if it thinks fit, whether or not it imposes a penalty, order—
(a) the delivery of the pledge to the person entitled thereto,
(b) the payment by that person of the whole or part of the amount of the loan, interest and other lawful charges, or
(c) both such delivery and payment.
num: 25
paragraphs: —(1) A person who knowingly pawns any article which is the property of another person without the consent of that other person shall be guilty of an offence.
(2) Where a person is convicted of an offence under this section, the court may, in addition to any fine imposed, order him to pay to the owner of the article by way of compensation a sum not exceeding the full value of the article as determined by the court.
num: 26
paragraphs: —(1) Where—
(a) any person is convicted under this Act by any court of knowingly and wrongfully pawning with a pawnbroker any goods or chattels belonging to another person, or
(b) any person is convicted of stealing or of obtaining by means of fraud any goods or chattels and it appears to the court that the goods or chattels have been pawned with a pawnbroker, or
(c) it appears to a court in the course of any proceedings that any goods or chattels before it have been unlawfully pawned with a pawnbroker,
the court, upon proof of the ownership of the goods or chattels may, in its discretion, order the delivery thereof to the owner, either with or without payment by him to the pawnbroker of the whole or part of the amount of the loan obtained by virtue of the pawning.
(2) Before making an order under subsection (1) of this section, the court shall have regard to any failure on the part of the owner of the goods or chattels to exercise reasonable care in the protection of his property, except to the extent that the pawnbroker has been unjustly enriched.
num: 27
paragraphs: —If, with respect to a pledge for a loan of a sum exceeding two pounds or a pledge made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone, a pawnbroker—
(a) does not bona fide in accordance with this Act sell the pledge, or
(b) enters in his sale book a pledge as sold for a lesser sum than that for which it was sold,
he shall be guilty of an offence.
num: 28
paragraphs: —(1) Any person who—
(a) claims to be the owner of a pledge but does not hold the pawn-ticket, or
(b) claims to be entitled to hold a pawn-ticket and alleges that it has been lost, mislaid, destroyed or stolen or taken from him by fraud,
num: 29
paragraphs: —(1) Except in the case of a pledge made up wholly or partly of gold, silver or other precious metal or of any precious or semiprecious stone, a pledge pawned for a sum not exceeding two pounds shall, if not redeemed within the redemption period (including the seven days referred to in subsection (3) of section 21), become the pawnbroker's absolute property.
(2) A pledge pawned for a sum exceeding two pounds or made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone may, if not redeemed within the redemption period, be disposed of by the pawnbroker by sale by public auction held in accordance with this Act, but not otherwise.
num: 30
paragraphs: —(1) Every auction of pawnbrokers' pledges shall be conducted by an auctioneer nominated by the Minister.
(2) The Minister may, for the purpose of this section, nominate auctioneers for specified areas and may terminate a nomination at any time.
(3) Every auction of pawnbrokers' pledges shall be conducted in the premises of the auctioneer conducting the auction.
num: 31
paragraphs: —A pawnbroker may, at an auction held under this Act, bid for and purchase a pledge pawned with him.
num: 32
paragraphs: —(1) The person who holds a pawn-ticket in respect of a pledge pawned for a sum exceeding two pounds or any pledge made up wholly or partly of gold, silver or other precious metal or of any precious or semi-precious stone may, at any time before the expiration of twelve months from the date on which the goods are sold, request the pawnbroker with whom the goods were pawned to produce the sale book and catalogue containing the entries of the sale and may, on payment of the fee prescribed in Part IV of the Fifth Schedule, inspect such entries.
(2) A pawnbroker who fails to comply with a request under subsection (1) of this section shall be guilty of an offence.
num: 33
paragraphs: —(1) Where, in the case of a pledge pawned for a sum exceeding two pounds or any pledge made up wholly or partly of gold, silver or other precious metal or of any precious or semiprecious stone, the amount obtained on the sale of the pledge exceeds the amount of the loan given on the pledge with the addition of the interest and lawful charges thereon and the fees paid by the pawnbroker in respect of the sale, the holder of the pawn-ticket in respect of the pledge, may, subject to the provisions of this Act, demand and obtain the amount of the excess from the pawnbroker at any time before the expiration of twelve months from the date of the sale.
(2) If, however, in a case where there is an excess such as is referred to in subsection (1) of this section, it appears from the pawnbroker's sale book that, within six months before or after the date of the sale, on the sale of any other pledge pawned by the same pawner the amount obtained for such other pledge was less than the amount of the loan thereon with the addition of the interest and the lawful charges and the fees paid by the pawnbroker in respect of its sale, the pawnbroker may set off theamount of the deficit against the amount of the excess and shall be liable to pay only the balance (if any) to the holder of the pawnticket.
(3) A pawnbroker who, on demand, fails to pay to the holder of a pawn-ticket the amount which he is liable to pay to him under this section shall be guilty of an offence.
num: 34
paragraphs: —Every auctioneer who fails to comply with any requirement of this Act relating to the sale of pawnbrokers' pledges or acts in contravention of any provision of this Act relating to such sale shall be guilty of an offence.
num: 35
paragraphs: —(1) It shall be the duty of every Superintendent of the Garda SÃ­ochÃ¡na to notify forthwith and to give a full description to all pawnbrokers within the district to which he is attached of any property lost, stolen or otherwise fraudulently obtained or disposed of.
(2) Where a pawnbroker is offered or shown or has in his possession property of a description notified to him under subsection (1) of this section, he shall without delay inform a member of the Garda SÃ­ochÃ¡na at the nearest Garda SÃ­ochÃ¡na station of the fact and shall take all reasonable steps to detain any person offering or showing such property and seize the property and to deliver the person and the property as soon as practicable into the custody of a member of the Garda SÃ­ochÃ¡na.
(3) A pawnbroker who fails to comply with a requirement of subsection (2) of this section shall be guilty of an offence.
num: 36
paragraphs: —(1) 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 shall take all reasonable steps to detain the person and seize the pawn-ticket and to deliver the person and the pawn-ticket as soon as possible into the custody of a member of the Garda SÃ­ochÃ¡na.
(2) A pawnbroker who fails to comply with subsection (1) of this section shall be guilty of an offence.
num: 37
paragraphs: —(1) Where it appears to a pawnbroker that—
(a) the circumstances in which a person offers an article to him by way of pawn are suspicious, or
(b) the person attempting to redeem a pledge has no right or bona fide claim of right to redeem the pledge,
the pawnbroker shall require the person to inform him of the means by which the article or the pawn-ticket, as the case may be, came into his possession.
(2) Where a person who is required by a pawnbroker to give information under subsection (1) of this section is unable or refuses to give to the pawnbroker a satisfactory account of himself or of the means by which the article or the pawn-ticket in question came into his possession, or gives any information about the article or pawn-ticket or about his name or address or the name or address of the owner of the article which appears to the pawnbroker to be false, or if the pawnbroker has any other reason to suspect that the article or pawn-ticket has been stolen or otherwise unlawfully or wrongfully obtained, the pawnbroker shall immediately report the circumstances to a member of the Garda SÃ­ochÃ¡na at the nearest Garda SÃ­ochÃ¡na station and shall take all reasonable steps to detain the person and seize the article or pawn-ticket and to deliver the person and the article or pawn-ticket as soon as practicable into the custody of a member of the Garda SÃ­ochÃ¡na.
(3) A pawnbroker who fails to comply with any requirement of this section shall be guilty of an offence.
num: 38
paragraphs: —Where any person—
(a) escapes or attempts to escape while a pawnbroker is detaining or attempting to detain him in accordance with this Act, or
(b) obstructs or attempts to obstruct a pawnbroker while he is seizing or attempting to seize any thing in accordance with this Act,
that person shall be guilty of an offence.
num: 39
paragraphs: —Where proceedings, whether civil or criminal, are brought against a pawnbroker in respect of anything done by him in the course of detaining or attempting to detain any person, or seizing or attempting to seize any thing, in accordance with a requirement of this Act, it shall be a good defence for him to prove that anything so done was done upon reasonable grounds and in the bona fide belief that the detaining or seizing was necessary under this Act.
num: 40
paragraphs: —(1) It shall be the duty of every pawnbroker to store in a proper manner in his licensed premises all pledges pawned with him until such time as each pledge is redeemed or disposed of in accordance with this Act.
(2) The District Court, if satisfied on the application of a person entitled and offering to redeem a pledge that, by reason of any wilful act or default of the pawnbroker with whom the pledge was pawned, the pledge is lost, destroyed or is of less value than it was at the time of pawning, may, if it thinks fit, award to the person reasonable compensation.
(3) Any amount of compensation awarded under subsection (2) of this section shall be deducted from the sum payable to the pawnbroker, or, as the case may require, shall be paid by the pawnbroker, in such manner as the Court may direct.
num: 41
paragraphs: —(1) Where a pledge is damaged or destroyed by or in consequence of fire, the pawnbroker with whom the pledge was pawned shall, subject to the provisions of this Act, if the pawn-ticket in respect of the pledge is tendered to him before the expiry of the period within which the pledge would have been redeemable, pay to the ticket holder an amount equal to one-half of the amount of the loan.
(2) A pawnbroker shall have an insurable interest in a pledge to the extent of the sum of the amount of the loan and the interest and lawful charges thereon and one-half of the amount of the loan.
(3) A pawnbroker who fails to comply with subsection (1) of this section shall be guilty of an offence.
num: 42
paragraphs: —(1) A person shall not alter or deface any engraving upon any watch, piece of family plate or other article unless he is authorised by the owner to do so.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
num: 43
paragraphs: —(1) Subject to the provisions of this Act, where a pawnbroker is convicted of an offence under this Act (not being an offence under the provisions relating to licences) any contract made by him with a pawner or otherwise in relation to his business shall not be void by reason only of the conviction, nor shall he lose his lien on or right to the pledge or to the loan and the interest and lawful charges thereon by reason only of the conviction.
(2) Nothing in this section shall restrict the operation of any provision of this Act providing for the delivery by order of a court to the lawful owner of any goods or chattels unlawfully pawned.
num: 44
paragraphs: —(1) A pawnbroker shall, when so ordered by any court, attend before the court and shall produce any books, records or documents kept by him under this Act which he is required by the court to produce.
(2) Without prejudice to subsection (1) of this section, a copy of an entry in a pledge book or sale book shall, in all legal proceedings, whether civil or criminal, be received as prima facie evidence of such entry and of the matters, transactions and accounts therein recorded if it is proved on the oral evidence of some person who has examined the copy with the original entry that the copy has been so examined and is correct.
(3) Where a pawnbroker attends before a court on an order of the court, he shall be entitled to be paid expenses on a scale corresponding to the scale for the time being at which the expenses of witnesses summoned and attending on behalf of the prosecution are paid.
(4) A pawnbroker who fails to comply with any requirement of subsection (1) of this section shall be guilty of an offence.
num: 45
paragraphs: —The District Court, if satisfied that any complaint in respect of an offence against this Act has been brought before it on insufficient grounds, may order the complainant to pay to the defendant such sum not exceeding ten pounds as the Court may think proper by way of compensation for loss of time and expense.
num: 46
paragraphs: —(1) A member of the Garda SÃ­ochÃ¡na may enter at all reasonable times any premises in respect of which a pawnbroker's licence is in force and may inspect the premises and any articles therein and may call for the production of and examine any books, catalogues, documents or records kept in the premises.
(2) (a) Where a member of the Garda SÃ­ochÃ¡na finds in the course of an inspection under this section any article which he has reasonable grounds for believing to have been stolen, unlawfully obtained or unlawfully pawned, he may seize, carry away and detain the article or impound the article in the pawnbroker's premises.
(b) Where a member of the Garda SÃ­ochÃ¡na carries away an article under this subsection, he shall give to the pawnbroker a receipt for the article.
(c) Where a member of the Garda SÃ­ochÃ¡na impounds an article under this subsection, the pawnbroker shall, when so requested by a member of the Garda SÃ­ochÃ¡na, produce the article at the hearing of the application provided for by subsection (3) of this section.
(3) Where a member of the Garda SÃ­ochÃ¡na detains or impounds any article under this section, he shall, as soon as is reasonably possible, apply to the District Court for an order for the disposition of the article and, on such application, the Court shall—
(a) if satisfied that the article was stolen, unlawfully obtained or unlawfully pawned, order the return of the article to its owner, and
(b) in any other case, order the return of the article to the pawnbroker concerned.
(4) The Court, when making an order under this section for the return of an article to its owner, may order such return either with or without payment by the owner to the pawnbroker of the whole or part of the amount of the loan obtained by virtue of the pawning of the article and shall have regard to any failure on the part of the owner to exercise reasonable care in the protection of his property, except to the extent that the pawnbroker has been unjustly enriched.
(5) A member of the Garda SÃ­ochÃ¡na shall not exercise the powers conferred by this section unless he is authorised in writing so to do by a member of the Garda SÃ­ochÃ¡na not below the rank of inspector and, when exercising any of such powers, he shall, if requested by any person affected, produce the authorisation.
(6) A person—
(a) who obstructs or interferes with a member of the Garda SÃ­ochÃ¡na in the exercise of a power conferred by this section, or
(b) who, on being called on under this section by a member of the Garda SÃ­ochÃ¡na to produce any book, catalogue, document or record in his power, possession or procurement, refuses to do so, or
(c) who fails to comply with a request under paragraph (c) of subsection (2) of this section,
shall be guilty of an offence.
num: 47
paragraphs: —(1) A person who is guilty of an offence under section 7 shall be liable on summary conviction to an excise penalty of one hundred pounds.
(2) A person who is guilty of an offence under section 12 shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.
(3) A person who is guilty of an offence under any other section of this Act shall be liable on summary conviction to—
(a) a fine not exceeding fifty pounds and, in the case of a continuing offence, a further fine not exceeding two pounds for every day during which the offence is continued, or
(b) imprisonment for a term not exceeding six months, or
(c) both such fine or fines and such imprisonment.