The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-12-23 00:00:00

CAUTION TO PAWNBROKERS

POLICE-COURT, WEDNESDAY, DECEMBER 21,
( Before E. Rushton and J. C. Ewart, Ewe)
Mr. Thomas Holland, pawnbroker, of Hotham-street,
appeared before the court to answer an information laid
against him by William Harper, on behalf of the parochial
authorities of Liverpool, requiring him to show cause why
he should not be fined for exacting more than the usual
interest upon a certain article pledged with him by one John
Mathews.

Mr. James, barrister-at-law, appeared on behalf of the
churchwardens and overseers of Liverpool ; and Mr. Bards-
well (of the firm of Littledale and Bardswell) for the de-
fendant.

Mr. JAMES said, he had the honour to appear on behalf
of the churchwardens and overseers of the parish of Liver•
pool ; and he should commence by stating under what cir-
they appeared in the character of informers. It
ity which they had imposed upon themselves ;
lied upon under an act of parliament called
' Act, to interfere in this case, notice to do

the Pawnbrokers

section of th,

39 and 40 George 3rd, c. 9

which enacted—

"The churchwarden

overseers of the poor of any
11 be supposed to have

parish or place wl
been committed by any pawnbro

offence s

r against tk

rection of an

or one of such officers, at the discretion or
justices of the peace, on having notice fror
the peace of such offence being supposed to have been com-
mitted, shall, and they, or some or one of them to be nomi-
nated by such justice as aforesaid, are and is hereby required
to prosecute every offender for every offence, so to be sug-
gested by such justice to have been committed against this
act, at the expense of the respective parish whereof they or
he are, is, or shall be for the time being such officers or

Having received a notice from the bench, under this sec-
tion of the act of parliament, that such an offence had been
committed, the overseers had been compelled to interfere.

The circumstances against Mr. Holland were very simple.
On a certain day which would be waned, a person of the
name of Matthews went to the shop of Mr. Holland, and
pledged a pair of trousers for the sum of 35., which sum was
advanced to him upon them ; afterwards, upon the trousers
being redeemed, the sum of id. was demanded as interest,
and paid. Now, under the sectirn of the act of parliament,
he believed the defendant could only have demanded the sum
of three farthings; and it was for the overcharge that the
complaint was made.
Mr. BA RDS WELL asked Mr. Rushton whether he thought
Mr. James was in a position to proceed? The act, he ap-
prehended, meant that offenders should be prosecuted for
breaches of it, but not before the magistrates at common
law.

Mr. RUSHTON said the question then was, whether the
justice had a right to entertain a complaint so made.
Mr. BARDSWELL put it to the court whether the act did
not mean that the churchwardens and overseers should not
prosecute in another court. He meant under the 28th sec-
tions, on which Mr. James relied.
Mr. JAMES said the 28th section must be taken in con-
nection with the 27th, which was as follows :

"No person or persons using or exercising the trade or
business of a pawnbroker shall be subject or liable to any
prosecution or information, before any justice or justices of
the peace by virtue of this act, for any offence or offences
against the act, unless information shall be given of such
offence or offences within twelve calendar months next
after the offence or offences committed; and that all and
every such information and informations shall be given and
prosecuted before such justice or justices of the peace as
shall act as such justice or justices near to the place where
such offence or offences shall have been committed."

Mr. RUSHTON said he was of opinion that the parish could
either prosecute or proceed by information.
Mr. BARDSWELL submitted that the 27th section applied
to information, whilst the other applied only to prosecution.
He submitted that the proceeding in this case should have
been by prosecution at the Quarter Sessions.
Mr. RUSHTON was of opinion that the 27th section gave
an option, and also jurisdiction to the magistrates. Did Mr.
Bardswell rely upon the word "information" being omitted
in the 28th section ?

Mr. BARDSWELL replied that he did. He apprehended
that the cases in which churchwardens were directed to in-

terfere, were to be those where there was a crying abuse.
This was an information for a penalty ; and the act must be
construed strictly.
Mr. RUSHTOINT said this was a remedial act for the benefit

of all parties, and particularly the poorer classes, w•ho ought
to have immediate justice. lie should entertain the infor-

mation

John Matthews, the complainant, was then called. Before
he was sworn—

Mr. BARDSW ELL—Have you any interest in this matter?
—I have the interest of the poor at ►arge.
Are you to receive any money?—Not that I know of.
Is there no understanding that you are to receive a part
of the penalty, or anything else ?—No.
Who pays you for your attendance ?—I have no pay; but
I suppose I shall have the penalty, or a part of the penalty
at all events.

Mr. BARDSWELL submitted that, after this last answer,
the witness was not competent to give evidence.

Mr. JAMBS said, it was well known that where a witness
expected reward, although he was not to receive any, he was
a competent witness.
Mr. ELLis said, the fact was the witness had no interest
in this proceeding, for the information was laid by Wiliam
Harper._

Mr. RUSHTON explained that the case was thus :—there
had been so many complaints of over-charge against pawn-
brokers for taking excessive interest, that he had thought it
right to direct this proceeding. He had given notice that if
those complaints continued, he should feel it his duty to
endeavour to put an end to them ; and those complaints
having again appeared, he had felt it his duty to call upon
the proper authorities to see that justice was done. It was
not on account of the farthing which had been over-charged
in this case, but because of the system. Let the witness be
sworn.

John Matthew was then sworn and examined by Mr.
JAMES.—He said he was a labourer, and resided in Cherry-
lane. Mr. Holland's shop was at Nos. 8 and 10, Hotham-
street. He went there, on the 10th of November last, to
pledge a pair of trousers, upon which he got an advance of
3s. On the 12th, he went to redeem them ; and he was re-
quired, by a boy who was in attendance, to pay 36.
which he did.
In cross-examination, the witness said he understood the
pawnbrokers were in the habit of taking too much interest,
and, therefore, he thought it his duty to try whether they
could legally do so.
Mr. ELLis said, the overcharge would be one halfpenny
and two-fifths of a farthing. _ _ _ _

Mr. RUSHTON asked Mr. Bardswell what answer he had
to make to this case ?

Mr. BARDSWELL replied, first, that there was no evidence
of overcharge ; and, secondly, that it was not proved to have
been made by a servant of Mr. Holland.
Mr. RUSHTON said, the boy was there acting for Mr. Hol-
land, who was of course liable for the acts of his servants.
But was he not carrying on his business?

Mr. BAttoswEti. said, the case ought to be proved
strictly.

-
Mr. Rust'ToN.-1 think it has been.
Mr. BA RIISWELL.-But because his boy received a penny
Mr._ Holland is not guilty.
. . .

Mr. RUSHTON said if That could be shewn the case would
be settled.
Mr. BARDSWELL observed that it was for.the informer to
prove his case.
Mr. RUSHTON said he bad proved it. He had proved
having gone there with the trowsers, that he went there to
redeem them, that he did redeem them, that he put down the
ticket, a person being behind the counter, carrying on the
business, who said there was 3s. Id. to pay, which he
paid. There was sufficient proof, and he should convict.
Mr. BARDSWELL agreed that that would be prima facie
evidence; but he objected that there was no proof of the
defendant having received the penny.
Mr. RUSHTON did not think the objection tenable. Was
there no other defence ?
Mr. BARDSWELL.—NO. _ _

Mr. RUSHTON did not know what the character of Mat-
thews was—whether he was a common informer or not; but
he was quite sure that it was necessary for the magistrates
to nark their sense of this practice of pawnbrokers taking
excessive interest. It was in the option of the court to fine
either not above £lO or below £2.
Matthews here said he had never laid an information in
his life before.
Mr. RUSHTON asked if there was another case ?
Mr. JAMES replied that there was.
Mr. RusllToN said he would hear !the second case before
he adjudicated upon the first.
The next case was against Mr. George Richards, pawn-
broker, of No. 103, London-road. Mr. Davenport appeared
for the defence.

The same witness, John Matthews, was called. He stated
that on the 10th of November, he went to the shop of
George Richards, in London-road, and pledged a pair at
trousers for 3s. 6d. He returned in about an hour. He
laid down his ticket and was asked for 3s. 7d. which he paid.
By Mr. DAVENPOP.T.—Was never at Mr. Richards' shop
before. Another person, named Newby, was with him'but
did not go in. It was the same day that he pledged the same
trousers at Holland's. Had pledged them three or four times
that day.—(Laughter.)
Mr. DAVENPORT.—What induced you to make so much
use of these trousers? _ _ . . .

Matthews.-1 did it for the good of the poor.--(Laughter.)
I understood that the pawnbrokers take from £20,000 to
£30,000 a•year more than the legal interest from the poor of
Liverpool, and I thought it my duty to do what I could to
put a stop to it.
Mr. DAVENPORT.—What are you?
Matthews.-1 am a porter.
Mr. DAVENPORT.—Were you ever at Mr. Richards's
shop before?
Matthews.—No : I went into the first shop I came to.

Mr. ELLls.—The legal interest is a halfpenny and four-
fifths of a farthing.
Mr. RUSHTON.—Then, do you leave the case here, Mr.
Davenport?
Mr. DAVENPORT.—Yes. _ _ _

Mr. RUSHTON said,:that on the last occasion when some
cases of this kind had occurred, he told the pawnbrokers
that if the practice went on it would be a sad matter to them.
He cautioned them at that period. He had had cases very often
before him of this kind ; and it was necessary—whether the
man Matthews was a common informer, or whether he was
actuated by the laudable feeling of putting an end to this
practice, on which he gave no opinion—to take notice of
them. At any rate the man had proved the existence of the
practice ; and the object of the magistrates was to take care
that the pawnbrokers were honest, and exacted no more than
the proper interest. The court would not inflict the full pe-
nalty of £lO in either of these cases, but mitigate st to £3 and
costs in each case, in the hope that the result would hare a
tendency to put an end to the system. These were cases, he
admitted, of an extreme nature ; but this man had a right to
bring them forward for the purpose of trying whether inte-
rest had or had not been illegally charged. '1 hey were cases
within the law ; and if they were characteristic, as he was
afraid they were, of a general practise, then it would be in
future necessary for the magistrates to.put in force the law
to its full extent.
Matthews intimated that his character was a good one,
and that he had never laid an information before. He said
the parties had been to .him, and had endeavoured to effect a
compromise, saying, that they did not care for a few pounds,
if he would let the matte: drop.
Mr. BARDSWELL and Mr. DAVENPORT, on behalf of their
respective clients, gave notice of appeal to the sessions, and
the requisite bail was immediately put in.

WHY SHOULD A MAN CARRY A STicx ?—Because it
looks as if he had something of a stake in the country.
THE GREEK WORD " NAPOLEON."—A dissection of the
compound Greek word " Napoleon" gives the following
singular result :
NAPOLEON
APOLEON
POLEON
OLEON
LEON
EON

the Lion of the Woods
the Destroyer
of Cities
the Desolating
Lion

now existing (1813)

MR. ROTHSCHILD'S FALL AND .ILEXANDER.—This cele-
brated man accidentally fell from his horse in the Champs
Eqsees, on the same day that the Emperor Alexander of
Russia died ; and Rothschild, of Paris, who was somewhat
troubled with the vanity of health, remarked some short
time afterwards, when the decease of the Emperor was the
theme of conversation at the splendid soiree, that two events
would render that day memorable in history, viz., the fall of
his brother from his horse, and the Emperor a death.— Cliffe's
Anecdotes.

TESTIMONIAL TO SIBS. FORMR, ;MATRON OP
THE BLUE-COA HOSPITAL, LIVERPOOL.

On Tuesday evening last, a number of individuals educated
in this establishment presented Mrs. Forster with a beautiful
silver tea-pot, cream-jug, and sugar-basin, the workinnoship
of Mr. Goepel, of No. 86, Crosshall-street, in this tdwn.
The lid of the tea-pot is surmounted by the figure of a
Blue-coat girl, leaning on a pedestal, and holding in her

right hand an open scroll, which hangs down the side of the
pedestal, and on which is engraved the motto—" She looketh
well to the ways of her household, and eateth not the bread
of idleness." (Prov. xxxi. 27.) On the shield on the left
side of the pot is the following inscription :

" To Mrs. Forster.
" Matron of the Blue-coat Hospital, Liverpool
_ _

This testimonial of respect is pre;ented by a number of
individuals educated in the school, as a mark of their gra-
titude for her unwearied attention and invaluable services
to the institution during a period of 22 years.

ed with an add

we meet you on this occasion. to express to you our deep
sense of the exemplary manner in which you have discharged
your duties, during the 22 years: you have officiated as Ala-

" Having been the objects of your kind care and attention,
or witnessed them displayed towards those who are inmates
of the institution to which we are all so highly indebted, and

.e bound to pray for

!dale what you have done, and what

a it has r

wise Providence, through the instrumentality of our revered
benefactOrs, the trustees of the charity, to place from time
to time under your protection. Deprived of the comforts of
home, and suffering from the greatest of ail childhood's
earthly losses, the loss of an affectionate father or mother,

A i?RAGMUNt OF A LIFE

Thed dwells in this " good old town of Liverpool
present moment an individual whom it will suit
to call Trip. His real designation
our readers 'whenever a suite

,11 arise for

making the communication. If any individual be curious
respecting Mr. Trip's present residence, we feel that it will
be no violation of confidence to give such gentle hint there
about as may entirely prevent error or misapprehension
Mr. Trip may at this or any other moment, for so
come, be found inhabiting a large stone-fronted cc
Great Howard-street ; or it may be, if i-is b
that he is domiciled at a still more magnific

tuously situated on an eminence, commanding

the river, at the pleasant village of Kirl,

entry residence v

ine view of

we kno

s well f