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Governor and Vice-Admiral
wnbrokers.
, 1860.] ngkong, with
is Seventeen,
ne concern or
broker unless
of His Excel- se, as shall be renewed at the
License, carry broker, except visions of this
gible English ess, his Name
t of Police, or
ring a written e for the Ins-
ted with him,
awned or pled-
in applying to onth, and every
on at the time tshall be taken e same relate:
be due on the f Loan agreed
aforesaid, the 1 kept for that nent according
foresaid deliver ccording to the
is Representa- his Representa- for in Section
he full Amount the Day of the 'teen, it shall be n tendering the
THE HONGKONG GOVERNMENT GAZETTE, 21st APRIL, 1860.
107
XII. The Section next preceding shall not extend to Cases where, at or previously Exceptional cases. to such Tender, the Lender or his Representatives shall have had from the Borrower, or the Owner of the said Goods, Notice not to deliver the same, or shall have had Know- ledge or Notice that the same have been, or are suspected to have been, unlawfully ob- tained from, or lost by the Owner; nor to Tickets as to which the Borrowers shall have taken such Proceedings as are provided by the Section next immediately following: in all which Cases it shall be the duty of the Lenders or their Representatives to withhold the Goods.
of lost Goods or
XIII. Upon the Application of any Person representing himself to be the Borrower Provision for Cars or the Owner of the said Goods or Ticket, as the Case may be, and to have lost or been Ticket. unlawfully deprived of the same, it shall be the Duty of the Lender, or his Representa- tives, if the Goods be still unredeemed or unsold, forthwith to deliver to such Applicant a Copy of the Entry in the General Book, and the said Applicant shall immediately thereupon proceed to the Court hereinafter mentioned, and obtain an Appointment there for the purpose of verifying by lawful Evidence the Truth of such Representation; And if he shall verify the same to the Satisfaction of the Court within Seven Days then next following, and shall obtain a Certificate to that Effect, endorsed upon the said Copy, it shall be the Duty of the Lender or his Representatives, upon the Copy so endorsed being delivered by the said Applicant, to deliver unto him according to the Circumstan- res of the Case, and as the Court shall order, another Ticket or the Goods, either with or without Payment of the principal Monies or Interest, or both Principal and Interest, as the Court shall direct.
XIV. It shall be the duty of a Stipendiary Magistrate upon lawful Evidence being Search Warrants. given to his Satisfaction, that there are probable Grounds for believing that any Goods have been pawned without the Privity of their Owner, to issue his Warrant for search- ing any Place where the Goods shall appear to him to be; and if any of the Goods shall upon such Search be discovered, it shall be the duty of the Person executing the Warrant to take them or cause them to be taken into safe keeping to abide the Order of the Court.
Unredeemed Goods
XV. Subject to the Provisions hereinbefore contained, Goods pawned as aforesaid to become the Pro- shall from and after the Expiration of Three Months, if the same are then still unre- perty of the Pawn- deemed, become and be the Property of the Lender or his Representatives absolutely, broker. Provided nevertheless, that if at the expiration of Three Months the Borrower shall be desirous of continuing the Loan for a further Period not exceeding Three Months, he shall be entitled so to do on paying the Interest then due; and an Entry to this effect shall be made in the Book and endorsed on the Ticket.
of themselves, the
XVI. Every Person applying to borrow shall, at the Time of his Application in Applicants for Loans that behalf, give to the Pawnbroker to whom such Application is made true Informa- to give true Accounts tion to enable him to comply with the Requirements of Sections Eight and Nine; Goods, &c. And every Person applying to redeem Goods, or for a Copy of an Entry shall, at the Time of his Application, give to the Person to whom such Application is made a full and true Account of himself, his Name, his Place of Abode, the Name and Place of Abode
No unauthorised
of the Owner, and of the Circumstances under which his Application is made; And no person or other than Person shall pawn, or attempt to pawn, the Goods of any other Person without being Owner to pledge any duly authorised or employed in that Behalf.
Goods.
Applicants for Loans
XVII. Any Pawnbroker to whom any Application is made to borrow or redeem, or Duty to seize and for a Copy of an Entry who shall have reasonable Cause to suspect any unlawful Practice deliver into Custody on the part of the Applicant in any of the above Cases, is hereby required to seize and not giving true A- detain such Applicant, and empowered to call in the Aid of any other Person for that counts. Purpose; And every Person so seized shall, with all reasonable Speed, be delivered into the Custody of a Police Constable who is hereby required to convey him before a Ma- gistrate.
.
XVIII. Pawnbrokers and their Representatives shall be liable to make good all Liabilities of l'awn- Loss or Damage accruing to Borrowers in the Cases following, that is to say :-
1. Where the Goods pawned have been stolen, embezzled, lost, or otherwise improperly disposed of, before the Period for the redemption thereof shall have elapsed.
2. Where the Goods, before the said Period has elapsed, shall, by the Default, Neglect or Misfeasance of the Lenders, their Representatives or Servants, have been destroyed, damaged or impaired in Value.
In any of the said Cases the Court shall allow and award an Amount in Satisfaction of such Loss or Damage from which shall be deducted the Amount of Principal and In- terest then duc, in respect of such Goods.
brokers.