L-3 - Licenses Act

Section 100 Disposition versions

1983-12-21

100. (Repealed).

R. S. 1964, c. 79, s. 107; 1983, c. 44, s. 56.

1977-12-31

100. Pawning, within the meaning of this division, is the lending of money or anything convertible into money or having a pecuniary value, for a profit, either impliedly or expressly stipulated, in favor of the lender, and the taking of a pledge to secure the return of the money or thing lent, with or without the profit.

He who lends and who receives the pledge is a pawnbroker; he who receives the sum of money or thing lent and gives the pledge is the pawner.

The business of pawnbroking is carried on when such loans are habitually made.

To establish that such business is carried on it shall not be necessary that several loans secured by pledge should be proved, although such proof may be sufficient.

A single loan secured by pledge, preceded or followed by one or more loans or accompanied or preceded or followed by circumstances which, in the opinion of the court seized with the case, establish the habit of making such loans, or the intention of carrying on the business aforesaid, shall constitute, for the purpose of this division, sufficient proof that the lender follows the business of pawnbroking.

For the purposes of this section, a sale with a right of redemption is assimilated to a loan.

R. S. 1964, c. 79, s. 107.