sued, and relieve the person sued for payment of any sum in excess of the sum adjudged by the Court to be fairly due in respect of such principal, interest and charges as the Court, having regard to the risk and all the circumstances, considers reasonable; and if any such excess has been paid or allowed in account by the debtor, may order the creditor to re-pay it; and may set aside, either wholly or in part, or revise, or alter any security given or agreement made in respect of money lent by the money-lender, and, if the money-lender has parted with the security, may order him. to indemnify the borrower or other person sued.

(3) Any Court in which proceedings might be taken for the recovery of money lent by a money-lender shall have and may, at the instance of the borrower or surety or other person liable, exercise the like powers as may be exercised under this section where proceedings are taken for the recovery of money lent; and the Court shall have power, notwithstanding any provisions or agreement to the contrary, to entertain any application under this Chapter by the borrower, or surety, or other person liable, notwithstanding that the time for repayment of the loan, or any instalment thereof, may not have arrived: provided that a person shall not be entitled to apply to the Court under this sub-section unless application is made within one year of the transaction being closed. (4) Where it appears to the Court that any person other than the money-lender shared in the profits of, or has any beneficiary interest, prospectively or otherwise, in the transaction, which the Court holds to be harsh and unconscionable, the Court may cite such person as a party to the cause, and may make such order in respect to such person as it may deem fit.

(5) On any application relating to the admission or amount of a proof by a money-lender in any insolvency proceedings, the Court may exercise the like powers as may be exercised under this section where proceedings are taken for the recovery of money lent.

(6) The foregoing provisions of this section shall apply to any transaction which, whatever its form may be, is substantially one of money lending by a money-lender.

(7) Nothing in this section shall affect the rights of any bona fide

(8) Nothing in this section shall be construed as derogating from the existing powers or jurisdiction of any Court.

(9) For the purpose of this section (but for no other purpose) the expression "money-lender" includes any person who lends money for interest at a rate, including any payments or deductions by way of premium, fine or foregift exceeding ten per centum per annum.

4. (1) A money-lender, as defined by Section 2 of this Chapter,— (a) Shall register himself as a money-lender, in accordance with

regulations under this Chapter, under his own or usual trade name, and no other name, and with the address, or all the addresses, if more than one, at which he carries on his business of money-lender; and

(b) Shall carry on the money lending business in his registered name, and in no other name and under no other description, and at his registered address or addresses, and at no other address; and

(c) Shall not enter into any agreement in the course of his business as a money lender, with respect to the advance and re-payment of money, or take any security for money otherwise than in his registered name; and

(d) Shall, on reasonable request, and on tender of a reasonable sum for expenses, furnish the borrower with a copy of any document relating to the loan, or any security therefor.

(2) If a money lender fails to register himself as required by this Chapter, or carries on business otherwise than in his registered name, or in more than one name, or elsewhere than at his registered address, or fails to comply with any other requirement of this section, he shall be liable on summary conviction to a penalty not exceeding five hundred dollars, and in the case of a second or subsequent conviction, to imprisonment, with or without hard labor, for a term not exceeding three months, or to a penalty not exceeding five hundred dollars, or to both; provided that if the offender is a body corporate, that body corporate shall be liable on a second or subsequent conviction, to a penalty

(3) A prosecution under sub-section 2 of this section shall not be instituted except with the consent of the Attorney General.

5.

(1) The Governor in Council may from time to time make regulations respecting the registration of money-lenders, whether individuals, firms, societies, or corporate bodies, the form of the register, and the particulars to be entered therein, and the fees to be paid on registration and renewal of registration, not exceeding five dollars for each registration or renewal and respecting the inspection of the register and the fees payable therefor.

(2) The registration shall cease to have effect at the expiration of three years from the date of the registration, but may be renewed from time to time, and, if renewed, shall have effect for three years from the date of the renewal.

6. If any money-lender, or any manager, agent, or clerk of a moneylender, by any false, misleading, or deceptive statement, representation, or promise, or by any dishonest concealment of facts, induces or attempts to induce, any person to borrow money or agree to the terms on which money is, or is to be, borrowed, he shall be liable on indictment to imprisonment, with or without hard labour, for a term not exceeding two years, or to a penalty not exceeding two thousand dollars, or to both.

CHAPTER 200.

Of Hawkers and Pedlars being Foreigners and not
Domiciled in Newfoundland.

SECTION

1.-Foreign pedlars, not domiciled, shall take licenses.

SECTION

2.-License fee.

1. No pedlar, hawker, or other such person, being a foreigner and not domiciled in this Colony, shall vend goods, wares or merchandise in any part of this Colony or its dependencies without first having received a license from a Stipendiary Magistrate, under a penalty not exceeding one hundred dollars, to be sued for and recovered in a summary manner before any Stipendiary Magistrate or Justice of the Peace, and in default payment, imprisonment for a term not exceeding one month.

of

2. The fee for such license shall be fifty dollars, and the terms and conditions thereof shall be determined by the Magistrate or Justice who shall issue such license.

III

1. In this Chapter, unless the context otherwise requires, "Combine" means any contract, agreement, arrangement, or combination which has, or is designed to have, the effect of increasing, or fixing, the price or rental of any article of trade or commerce, or the cost of the storage or transportation thereof, or of restricting competition in or of controlling the production, manufacturing, storage, sale or supply thereof, to the detriment of consumers or producers of such article of trade or commerce, and includes the acquisition, leasing, or otherwise taking over or obtaining by any person, to the end aforesaid, of any control over, or interest in the business, or any branch of the business, of any other person, and includes what is known as a trust, monopoly or merger.

2. Whenever the Governor in Council deems it expedient to cause enquiry to be made into or concerning any matter of an alleged combine, the Governor may, by Commission, confer upon Commissioners or persons by whom such enquiry is, by the said Commission, to be conducted, the power of summoning before them any party or witness, and of requiring them to give evidence on oath, orally or in writing, and to produce such documents or things as such Commissioners may require in the investigation of the matters into which they are appointed to examine.

3. The said Commissioners shall have the same power to enforce the attendance of witnesses and to compel them to give evidence, as is vested in any court of law in civil cases and any wilfully false statement made by any such witness on oath or affirmation shall be a misdemeanour punishable in the same manner as wilful perjury. But the witness or party shall not be compelled to answer any question by his answer to which he might render himself liable to a criminal prosecution.