CHAPTER 162.
GENERAL PROVISIONS RESPECTING TRADE.
AN ACT entitled "An Act to Regulate the Business of Pawn Brokers and Junk Dealers within New Castle County, and Repealing Chapter 374, Vol. 20, Laws of Delaware, and Chapter 14, Vol. 21, Laws of Delaware".
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That the Clerk of the Peace of New Castle County shall from time to time grant licenses under his hand and official seal to such persons, citizens of the State of Delaware, and corporations existing under the Laws of the State of Delaware, as shall furnish him satisfactory evidence of the good repute of such persons and corporations to engage in and carry on the business of pawn broker or junk dealer, which licenses shall designate the building or buildings in which such said person or corporation shall carry on said business; no person or corporation shall engage in or carry on the business of pawn broker or junk dealer in said New Castle County without having been duly licensed by the Clerk of the Peace of said County nor in any other building or buildings than the one or ones designated in said license. Any person, corporation or firm making a business of loaning money on the deposit or pledge of personal property or other valuable things, other than printed evidences of indebtedness, or any person, corporation or firm dealing in the purchase of personal property or other valuable things on condition of selling the same back again at the stipulated price to the seller or his, her or its assignee or assignees, is hereby declared and defined to be a pawn broker, under this Act. Every person whose business it is to buy or sell old iron, brass, lead, copper or other metals or combination of metals, paper, second-hand clothes or any second-hand personal property of any kind or description whatsoever, is hereby declared and defined to be a junk dealer under this Act, provided however that none of the provisions of this Act shall apply to persons dealing in second-hand books.
Section 2. That every person, corporation or firm receiving such license for conducting the business of pawn broker shall pay therefor to the Clerk of the Peace of New Castle County the sum of twenty-five dollars ($25.00) for the use of New Castle County; and every person, corporation or firm receiving such license for conducting the business of junk dealer shall pay therefor to the Clerk of the Peace of New Castle County the sum of fifteen dollars ($15.00) for the use of New Castle County.
Section 3. That every person, corporation or firm so licensed to carry on the business of a pawn broker shall at the time of receiving such license or before same shall become operative, enter with sufficient surety into a joint and several bond with a warrant of attorney for the confession of judgment thereto attached, to the State of Delaware, in the penal sum of one thousand dollars ($t,000.), conditioned for the due observance of all such laws of the State of Delaware as may be passed or enforced respecting pawn brokers at any time during the continuance of such license; such bond to be flied with the Clerk of the Peace of New Castle County. If any person shall be damaged by the misconduct of any licensed pawn broker, and shall recover judgment against such licensed pawn broker therefor, such person may after the return unsatisfied, either in whole or in part of any execution issued upon said judgment, maintain an action in his own name upon the bond of said pawn broker in any court having jurisdiction of the amount claimed, provided such court shall upon application made for the purpose, grant such leave to prosecute.
Section 4. That every person, corporation or firm so applying for such license to conduct the business of a pawn broker shall first effect an insurance against fire for one thousand dollars ($1000.) for the protection of goods, pawned or pledged, which amount of insurance shall be increased at any time to any sum not exceeding five thousand dollars ($5000.) upon demand by the Clerk of the Peace New Castle County. Such policy of insurance shall state on its face that it is issued for the protection of pawned or pledged goods and shall be assigned to the Clerk of the Peace of New Castle County for the purpose of protecting against loss any person or persons whose goods, wares, merchandise or chattels having been so pawned or pledged may be lost or damaged by fire.
Section 5. That every person, corporation or firm conducting the business of a pawn broker or junk dealer shall keep a book or books in which shall be fairly written in English at the time of each loan or purchase an accurate account and description of the goods, articles, or things pawned, pledged or purchased, the amount of money loaned thereon or the amount of money paid therefor, the time of pledging or purchasing the same and the rate of interest to be paid on such loan, together with the description of the person pawning or pledging or selling such goods, articles or things, including the color of his complexion, color of eyes and hair and his or her stature and general appearance. The said book or books shall be prepared by and furnished to such person, corporation or firm so conducting the business of a pawn broker or junk dealer by the police department of the City of Wilmington at the expense of such person, corporation or firm so conducting the business of pawn broker or junk dealer. "In addition to the provisions of this Act, herein specified, it shall also be the duty of any person or persons engaged in the business of Pawn Broker, to furnish to each applicant or customer a ticket on which is printed a number corresponding with the number used to identify the article placed in pawn, also the amount given in cash, together with all charges, and the total amount to be paid when article is to be redeemed. There shall also be duplicate tickets as above which shall at the end of each week be returned to the Chief of Police of the City of Wilmington."
Section 6. That every pawn broker shall at the time any loan is made on goods, articles or things, delivered to the person pawning or pledging such goods, articles or things a memorandum or note, signed by such person, corporation or firm and containing an account and description of the goods, articles or things pawned or pledged, and no charge shall be made or received by any pawn broker for any such entry, memorandum or note.
Section 7. The said book, so provided for in Section 5 of this Act shall at all times be opened to the inspection of the Judge of the municipal court of the City of Wilmington, the Attorney-General, the Deputy Attorney-General of the State, the Chief of Police and the Police Officers of the City of Wilmington, the State detectives and other peace officers resident in New Castle County.
Section 8. That no person, corporation or firm so conducting the business of a pawn broker shall ask, demand or receive a greater rate of interest than eight per centum per month on any loans secured by pledge of personal property, provided however that where such loan is secured by pledge of personal property requiring extra care to prevent injury or loss during disuse, such person, corporation or firm may charge such reasonable sum for storing and taking care of the same as such person, corporation or firm shall deem reasonable, not to exceed three per centum per month.
Section 9. That no person, corporation or firm so conducting the business of a pawn broker shall sell any goods, articles or things pawned or pledged until the same shall have remained at least four months in the possession of such person, corporation or firm, provided however, that wearing apparel may be sold by such person, corporation or firm after the same has remained in the possession of such person, corporation or firm for the period of two months. "And provided that no person, corporation or firm so conducting the business of a pawn broker shall take and receive as a pledge or pawn any workman's tools nor shall any such person, corporation or firm take or receive as a pledge or pawn any artificial limbs, or other appliances useful to and necessary to the convenience or comfort of any cripple or person deprived in part or whole of any natural limb."
Section 10. That no sale shall be made by any person, corporation or firm conducting the business of a junk dealer of second hand personal property in their possession, until after the expiration of thirty days from the time such second hand personal property shall have come into the possession of such person, corporation or firm. "And provided that no person, corporation or firm so conducting the business of a Junk Dealer shall take from or receive by purchase, gift or otherwise any second hand personal property whatsoever from any minor."
Section 11. That no articles, goods, property or things of any kind received on deposit by purchase or as a pledge by such person, corporation or firm so conducting the business of a pawn broker shall be permitted to be removed from the place of business of such pawn broker for a period of four months from the time of such deposit, purchase or pledge, (except the same be redeemed by the owner), and provided however that wearing apparel shall not be removed from such place of business for a period of two months, nor shall any article, goods, property or thing coming into the hands or possession of any person, corporation or firm conducting the business of a pawn broker or junk dealer be disfigured or its identity destroyed or affected in any manner so long as it continues in the possession of such pawn broker or junk dealer.
Section 12. It shall be the duty of every person, corporation or firm engaged in the business of a pawn broker or junk dealer under this Act and of every person employed in the conduct of such business to admit to any and every part of the premises designated in the license at any time any member of the police force of the City of Wilmington or other peace officer of the State to examine any goods, articles, things, pledges, pawns, book or books or other record on the premises, and to search for and to take into possession any article known or believed by such police officer of the City of Wilmington or peace officers of the State to have been stolen, and such police officer of the City of Wilmington and peace officer of the State is hereby given full power and authority to make any such search or seizure as is provided for in this Act.
Section 13. That no person, corporation or firm shall within the limits of New Castle County carry on the business of a pawn broker or junk dealer without first having taken out a license and duly qualified as provided in this Act.
Section 14. That it shall at all times be the express duty of any person, corporation or firm so conducting the business of a pawn broker or junk dealer to seize or take into possession any goods offered to such person, corporation or firm as a pledge or pawn or for sale, which such person, corporation or firm has reason to believe has been stolen and it shall further be the duty of such person, corporation or firm to immediately notify the police department of the City of Wilmington of such seizure together with the description of such person or persons offering such goods for sale, pawn or pledge.
Section 15. That in the month of November of each year, it shall be the duty of the County Comptroller of New Castle County to audit the accounts of the Clerk of the Peace of the said County, with such persons, corporations, or firms as have been licensed to conduct the business of pawn broker or junk dealer and to report in writing the result of his audit to the Levy Court Commissioner of New Castle County within thirty days thereafter.
Section 16. That any person, corporation or firm violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction therefor shall forfeit and pay a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1000.) for the use of New Castle County. "Provided that in default of the payment of any fine imposed under the provisions of this Section the Court shall impose upon conviction a term of imprisonment of not less than one month nor more than one year for each and every offense."
Section 17. That Chapter 374, Vol. 20, Laws of Delaware being an Act regulating the business of pawn brokers and junk dealers within New Castle County be and the same is hereby repealed, and that Chapter 14, Vol. 21, Laws of Delaware, being an Act to amend the Act entitled "An Act to Regulate the Business of Pawn Brokers and Junk Dealers within New Castle County", and to re-enact the provisions of said Act, be and the same is hereby repealed.
Approved April 9, A. D. 1907.