A.D. 180
34
Conditions
under which unredeemed goods become property of pawnbroker
Information to be given by applicant for loan and by applicant for redemption of goods.
Duty of pawnbroker to seize and deliver into custody applicant
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1860.
trate. Repealed Re-enacted (5.30)58) 1311)
16. Subject to the provisions hereinbefore contained, goods pawned as aforesaid shall, from and after the expiration of three months, if the same are then still unredeemed, become and be the property of the lender or his representatives absolutely: Provided, nevertheless, that if, at the expiration of three months, the borrower is desirous of continuing the loan for a further period not exceeding three months, he shall be entitled to do so on paying the interest then due; and an entry to this effect shall be made in the General Book and indorsed on the ticket.
17. (1.) Every person applying to borrow shall, at the time of his application in that behalf, give to the pawnbroker to whom such application is made true information to enable him to comply with the requirements of sections 9 and 10.
(2.) 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 of the owner, and the circumstances under which his application is made.
(3.) No person shall pawn, or attempt to pawn, the goods of any other person without being duly authorized or employed in that behalf.
18. Any pawnbroker to whom any application is made to borrow or redeem, or for a copy of an entry, who has reasonable cause to suspect any unlawful practice on the part of the applicant in any of the above cases, is hereby required to seize and detain such applicant, and empowered to call in the aid of any other person for that 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 Magistrate.
who is suspected of unlawful practice.
Liabilities of pawnbroker.
19.-(1.) A pawnbroker and his representatives shall be liable to make good all loss or damage accruing to a borrower in the cases following, that is to say,-
(a.) where the goods pawned have been stolen, embezzled, lost, or otherwise improperly disposed of, before the period for the redemption thereof has elapsed; and
(b.) where the goods, before the said period has elapsed, have, by the default, neglect, or misfeasance of the lender, his representatives or servants, been destroyed, damaged, or impaired in value.
(2.) In any of the said cases the Magistrate shall allow and award an amount in satisfaction of such loss or damage, from which shall be deducted the amount of principal and interest then due in respect of such goods.
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