Pawn brokers, etc., to obtain license. Mayor to grant. to designate. [No. 334.] AN ACT to regulate and license pawnbrokers and loan agents. The People of the State of Michigan enact: SECTION 1. No person, corporation or firm shall hereafter carry on the business of pawnbroker or loan agent in any of the cities of this State, without having first obtained from the mayor of the city where the business is to be carried on, a license subject to the provisions of this act, authorizing such person, corporation or firm to carry on such business. SEC. 2. The mayor of any such city may from time to time grant under his hand, and the official seal of his office, to any suitable person, corporation or firm, a license authorizing such person, corporation or firm to carry on the business of a pawnbroker or loan agent subject to the provisions License, what of this act. Said license shall designate the particular place in said city where such person, corporation or firm shall carry on said business, and no person, corporation or firm receiving said license shall carry on said business in any other place than the one designated in said license. Said license shall be for the period of one year from date of issuance, unless sooner revoked for cause, and shall not be transferable. Before any such license shall be issued the person applying therefor shall pay to the treasurer of the city an annual license fee of two hundred and fifty dollars, and shall give a bond to the said city, in its corporate name, in the penal sum of three thousand dollars, with at least two sureties, to be approved by the city council, conditioned for the faithful performance of the duties and obligations pertaining to the said business, and for the payment of all costs and damages incurred by any violation of this act: Provided, That it shall be within the power of the common council of any city to fix the amount to be paid as such annual license fee at any amount not less than fifty dollars, nor more than five hundred dollars. Duration. Annual license fee, bond. Proviso. "Pawnbroker" defined. SEC. 3. Any person, corporation or member, or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a "Loan agent." stipulated price, is hereby defined to be a pawnbroker. Any Personal action on bond. person, corporation or member or members of a copartnership or firm who loans money on pledge of wages or salary earned or to be earned, is hereby defined to be a loan agent. SEC. 4. If any person shall be aggrieved by the conduct of any such licensed pawnbroker, or loan agent and shall recover judgment against him therefor, such person may, after the return unsatisfied, either in whole or in part, of any ex ecution issued upon said judgment, maintain an action in his own name upon the bond of the said pawnbroker or loan agent in any court having jurisdiction of the amount of said. judgment remaining unsatisfied. contain, SEC. 5. Every such pawnbroker or loan agent shall keep Book to be a book to be inspected by the chief of police or chief police kept, what to officer of the city, in which shall be written in English, at the subject to inspection, etc. time he shall receive any article of personal property, or other valuable thing by way of pledge or pawn, a description of such article, the amount of money loaned thereon, the rate of interest to be paid on such loan, the name, residence and general description of the person from whom, and the day and hour when such property was received; and such book, and the place where such business is carried on, and all articles of property therein, shall be subject to examination at any time by the mayor, city attorney, or other police officer of such city, or by the prosecuting attorney or the sheriff or other police officer of the county in which said city is situated. ment. SEC. 6. Every such pawnbroker or loan agent shall make Weekly weekly, a sworn statement of his transactions, describing the sworn stategoods or pledge received, and setting forth the name, residence and description of the person from whom the goods or pledge were received, to the chief of police or chief police officer of such city. possession of. SEC. 7. No pawnbroker or loan agent shall purchase any Second-hand second-hand furniture, metals, clothing or other articles or goods, lawful thing, or sell, dispose of or keep for sale any such secondhand articles or thing, except they have been pawned to him, and are or have been sold at public auction to the highest bidder, as hereinafter provided. Any articles sold to such "Pawned" pawnbroker, upon the understanding that such article is to defined. be purchased from such pawnbroker by the seller thereof, or by any person acting for such seller, shall be deemed to be pawned within the meaning of this section. to whom SEC. 8. Every such pawnbroker or loan agent shall at the Memorandum, time of such loan, deliver to the person pawning or pledg- delivered. ing any goods, article or thing, a memorandum or note signed by him, containing the substance of the entry required to be made by him in his book by section six of this act, and no charge shall be made or received by any pawnbroker or loan agent for any such entry, memorandum or note. Such To be memorandum or notes shall be consecutively numbered. SEC. 9. No pawnbroker shall exact more than the legal Interest, rate of interest and three per cent. additional, on pain of forfeiture of the principal and interest. numbered. limit of. sale of. SEC. 10. No pawnbroker shall sell any pawn or pledge Pawned goods, until the same shall have remained six months in his possession, and all such sales shall be at public auction to the highest bidder, and not otherwise. Notice of such sale shall Notice. be published for at least six days previous thereto in one of the daily newspapers to be designated by the mayor, pub Proviso. to specify. lished in English in the city where the business is carried on: Provided, That if there be no daily newspaper in said city, said notice shall be published at least two successive weeks, in a weekly newspaper, to be designated by the mayor, Notice, what published in English, in such city. Such notice shall specify the time and place at which' such sale is to take place and by whom it is to be conducted, and shall contain the same description of the articles or goods to be sold as was given in the memorandum or note delivered to the pawner under section eight of this act, and shall give the number of such memorandum or note. When title reinvested in pawner. Surplus from sale, disposition of. Identity of article not to SEC. 11. The borrower may, at any time prior to the sale, pay or tender to the pawnbroker the debt and interest thereon, together with the cost of advertising the sale, if the sale has been advertised, and such payment or tender shall have the effect to reinvest the pawner with the title and right of possession to the property pledged. SEC. 12. The surplus money, if any, arising from such sale, after deducting the amount of the loan, the interest then due on the same, and the expense of advertising, shall be paid over by the pawnbroker to the person who would be entitled to redeem the pledge or pawn in case no such sale had taken place. SEC. 13. No pawnbroker shall deface, scratch, obliterate, be obliterated. melt, separate or break into parts any article or thing received by him in pawn or otherwise, or in any manner do, cause or suffer to be done by others, anything which shall destroy or tend to destroy the identity of such article or render the identification thereof more difficult. Pawn, when and from whom not to be received. Search warrants, when issued, etc. SEC. 14. No pawnbroker shall receive any pledge, pawn, articles or thing whatever from any person after receiving from any one of the officers mentioned in section five of this act, or the parent or guardian of any minor or person of unsound mind, written notice that such person is a minor, or is of unsound mind, or neglects all lawful business, or that he habitually spends his time in frequenting houses of ill-fame, gaming houses or tippling houses, or that from drinking, gaming, idleness or debauchery of any kind he is squandering his earnings or wasting his estate, or that he is likely to bring himself or family to want, or to render himself or family a public charge, or that he is suspected of thievery. No pawnbroker shall receive any pawn from any person under eighteen years of age. SEC. 15. Whenever complaint shall be made by any person on oath to any magistrate in any city, authorized to issue warrants in criminal cases, that personal property belonging to such complainant has been without his consent pawned or pledged, and that the complainant believes the same to be in some pawnshop within such city, such magistrate, if he be satisfied that there is reasonable cause for such belief, shall issue a warrant to search for such property in the several pawnshops in said city, which warrants shall be directed to the sheriff or any constable of the county, com manding such officer to search the said several pawnshops where the property for which he is required to search is believed to be concealed, which places, and the property or thing to be searched for shall be designated and described in the warrant, and to bring such property or other thing before the magistrate issuing the warrant. The court before which Return to any property so seized shall be brought, shall cause the same to be delivered to the complainant on his issuing a bond as hereinafter provided, and if such bond be not executed within twenty-four hours, excluding Sunday, said court shall cause said property to be returned to the person from whose possession it was taken. owner. SEC. 16. The said bond shall be in double the value of Bond of comthe property claimed, with such surety as such court shall plainant. approve, and shall be given to the person from whose possession the property was taken, with condition that the obligor so claiming the same will pay all the costs and damages that may be recovered against him by the obligee in any suit brought within ten days from the date of such bond. SEC. 17. No license granted under the provisions of this Closed act shall authorize any business to be transacted by pawn- Sunday brokers or loan agents on the first day of the week commonly called Sunday. violation of SEC. 18. Any person who shall violate any of the pro- Penalty for visions of this act, whether as owner, or as clerk, agent, ser- act. vant or employe, shall be guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction be fined not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than ten days nor more than three months, or by both such fine and imprisonment in the discretion of the court. SEC. 19. Upon any such conviction of any person doing License, business as a pawnbroker or loan agent under the provisions of this act, or on conviction of any clerk, agent, servant or employe of any such person, the license of such person shall forthwith be revoked by the mayor of the city, and no part of the license fee of such party shall be returned to him, and no further license as a pawnbroker or loan agent shall be granted to such person for the period of one year from the date of such revocation. Approved June 28, 1907. revocation of. Section amended. Persons not to be held as out certificate. Proviso, certain persons under guardianship in Wayne county. may be removed to [No. 335.] AN ACT to amend section "fourteen of act two hundred seventeen of the public acts of nineteen hundred three, entitled "An act to revise and consolidate the laws organizing asylums for the insane, and to regulate the care, management and use thereof, and to provide for the apprehension of persons believed to be insane, and for their care and custody," approved June sixteen, nineteen hundred three. The People of the State of Michigan enact: SECTION 1. Section fourteen of act number two hundred seventeen of the public acts of nineteen hundred three, entitled "An act to revise and consolidate the laws organizing asylums for the insane, and to regulate the care, management and use thereof, and to provide for the apprehension of persons believed to be insane, and for their care and custody," approved June sixteen, nineteen hundred three, is hereby amended to read as follows: SEC. 14. No person who is a resident of this State shall patient with be held as a public or private patient in any asylum, public or private, or in any institution, home or retreat, for the care or treatment of the insane, except upon certificates of insanity and an order for admission as hereinafter provided: Provided, That in the county of Wayne such persons as may have been or may hereafter be adjudged to be so addicted to the excessive use of intoxicating liquors, or narcotic or noxious drugs, as to be in need of medical and sanitary treatment and care for whose person a guardian has or may be appointed with power to restrain his said ward in some suitProviso, when able hospital or asylum for treatment: Provided, Whenever it shall appear to a judge of any court of record, or a police justice of any city or county, where such person may be, from a certificate of two legally qualified physicians, to be necessary and essential so to do, said judge or police justice may authorize any superintendent of the poor or peace offi cer of said city or county to take into custody and cause to be removed to any hospital or other place of detention, any person believed to be insane against whom no proceedings have been instituted under this act, and such person may be detained until such proceedings as hereinafter provided shall Further pro- be instituted in the probate court: Provided further, That the period of such temporary detention shall not exceed five days, unless the probate court shall by special order enlarge the time. hospital, etc. viso, period of temporary detention. This act is ordered to take immediate effect. |