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JENE 19, 1858.]
The Hongkong Government Gazette.
5
XIX. Every Person, applying to borrow shall, at the time of his application in that behalf, give to the Applicants to give Person to whom such application is made, a full, true, and satisfactory Account of himself, his Name, his Place true accounts of them- selves, the Goods, &c. Abade, the Goods and Chattels, with respect to which the said application is made, his possession thereof, Pe right of property therein, and the Name and Place of Abode of the Owner thereof; and every Person lying to redeem any Goods and Chattels or for a Copy of a Ticket, shall, at the time of his application in All behalf, give to the Person to whom such application is made a full, true, and satisfactory Account of mself, his Name, his Place of Abode, the Name and Place of Abode of the Owner thereof, and of the Circumstances under which such his application is made.
XX. Any Person to whom any application is made to borrow or redeem, or for a copy of a Ticket Duty to seize and without such full, true, and satisfactory Account having been in that behalf given by the Applicant, as in the deliver into custody Section_next immediately preceding is specified, or who shall have reasonable cause to suspect any unlaw- applicants not giving fal practice on the part of an Applicant in either of the above cases, is hereby required to seize and detain true accounts.
ny such Applicant, and empowered to call in the aid of any other Person for that purpose, yet so as that the Applicant when so seized, shall be by the Person seizing him delivered over with all reasonable speed together with the Goods and Chattels (if any) or the Ticket or Document (if any) produced or tendered by the Applicant at the time of his said application,) into the Custody of a Member of the Police Force, who hereby required to receive him and convey him and the Articles (if any) so produced or tendered as aforesaid, unto a Stipendiary Magistrate, to abide his order and direction, as to custody, commitment to the Court of Petty Sessions, or liberation, or otherwise.
XXI. Lenders and their Representatives shall be liable to make good all Loss or Damage accruing to Borrowers in the cases following, that is to say:—
1. Where the Goods and Chattels pawned have been disposed of by the Lenders or their repre-
sentatives otherwise than according to the provisions of this Ordinance: 9. Where the same have been stolen, embezzled, or lost, before the Period for the redemption
thereof is elapsed:
3. Where the same, before the said Period is elapsed, have been by the default, neglect, or misfeasance of the Lenders, their Representatives, or Servants, destroyed, damaged, or impaired in Value (but not otherwise, except where Division Two of this Section is applicable): And in any of the said cases the Court shall allow and award the full Amount in satisfaction of such Loss or Damage, to be settled and deducted or paid in manner next hereinafter mentioned.
XXII. Where the Amount so allowed shall be less than the Amount due from the Borrower for Prin- cipal Monies and Interest, the same shall be deducted from the latter, and the said Borrower shall be charged with the Balance alone after making such Deduction; and where the Amount so allowed shall exceed the Amount so due, the latter shall be in like manner deducted from the Amount so allowed, and the Borrower shall be entitled to receive from the Lender or his Representatives the Balance alone, after making such last-mentioned Deduction.
XXIII. Allowances so made and awarded shall be immediately and without Condition carried into effect by the Lenders and their Representatives, according to the tenor thereof.
XXIV. No Person shall receive any Goods or Chattels in Pawn from, or lend to, any one not being of the Age of Twelve Years at the least.
XXV. No Person in the Employment of Government, or being a Member of the Family of any such Person, or an Agent of, or in the employment of, any such Person, or of any Member of such Family, shall lend or advance, or act as Lender of, any Monies under this Ordinance.
XXVI. It shall not be lawful for any Person to receive in Pawn any Goods or Chattels, having upon them any Mark or Sign denoting them to be, or to have been, the Property of the Crown, or of any Public Department.
XXVII. No business shall be transacted at any of the said Places of business after Eight of the Clock in the Night, or before Eight of the Clock in the Morning,-except only for One Week next, before the First Day of the Chinese New Year.
Liabilities of Len-
ders:
1. For improperly disposing of Goods pawned.
2. In case of theft or loss.
3. In case of Damage or neglect.
How settled for.
Lenders to carry into effect such allow-
ances,
No Loans to Persons under Twelve Years.
Persons in the Em-
ployment of Govern
ment and their Fa- milies disqualified.
Public Property.
Hour of Business.
Forms of Tickets
XXVIII. Forms of Tickets and Entries in Books, for the purposes of this Ordinance, shall be notified from time to time in the Hongkong Government Gazette, in English and Chinese; and of all such Notifica- and entries to be noti- tiens, cognisance shall be taken, and due obedience rendered thereunto, by all Persons whom they may Gazette. concern, at the peril of the said Persons respectively.
fied in the Government
The Court of Petty
XXIX. All Adjudications and Certificates under this Ordinance, except Sections One and Two thereof, shall be summarily had and granted by the Court of Petty Sessions, and enforced according to the Sessions. Laws for the time being in force, for regulating the said Court and its practice.
XXX.. Every Person purchasing, receiving, or taking in, any Goods or Chattels, and paying Money Lender defined. for, or advancing Money upon, the same, with or under any Understanding, Agreement, or Condition, ex- press, implied, or reasonably inferable, from the nature or character of the dealing, or the usage in respect thereof, that the said Goods or Chattels in whole or part may be afterwards redeemed or re-purchased upon any Terms soever, shall be deemed to be a Lender within the meaning of this Ordinance.
XXXI. For Violations or Defaults in Obedience to this Ordinance, there shall be imposed the Penalties following, that is to say:-
Penalties:
1. Against Sections
1. For every Offence against Section Three, Section Five, or Section Six, a Fine not exceeding Two
Hundred current Dollars; and moreover, for a Third or any subsequent Offence against III., V., and VI, Section Six, the forfeiture of the Offender's said License.
2. Against Sections
2. For every Offence against either of the Sections, from Seven to Sixteen both inclusive, a Fine
not exceeding Five Hundred current Dollars, together with (if the Court shall so direct) the VII. to XVI. forfeiture of the said License.
3. For every Offence against Section Nineteen, the Penalty of Imprisonment with or without hard
Labour for a Term not exceeding Two Years.
4. For every Offence against Section Twenty, or Section Twenty-three, a Fine not exceeding Fifty
current Dollars.
5. For every Offence against Section Twenty-four, a Fine not exceeding One Hundred current
Dollars, together with (if the Court shall so direct) the forfeiture of the said License.
3. Against Section XIX.
4. Against Sections XX. and XXIII.
5. Against Section
XX
6. Against Section
A
7. Against Section XXVI.
6. For every Offence against Section Twenty-five, a Fine not exceeding Fifty current Dollars, and XXV.
also (where applicable) the forfeiture of, and disqualification for, Office under Government. 7. For every Offence against Section Twenty-six, a Fine not exceeding Five Hundred current
Dollars.
8. For every Offence against Section Twenty-seven, a Fine not exceeding one Hundred current
Dollars."
:
XXXII. All Fines received or levied under this Ordinance, shall be paid into the Treasury to the use of the Crown.
!
XXXIII. Nothing herein contained shall affect the right of Appeal by Crown or Party, against any Adjudication, nor the General Jurisdiction of the Supreme Court.
8. Against Section XXVII.
Fines to be paid into Treasury.
Right of Appeal not
affected.