432 ORDINANCE No. 11 OF 1858.
Pawnbrokers, &c.- Offences.
Government Chinese ; and of all such notifications cognisance shall be taken, and due obedience
Gazette.
[See Gazette 27th
August, 1859.] rendered thereunto, by all persons whom they may concern, at the peril of the said
persons respectively.
The Court of 29. All adjudications and certificates under this Ordinance, except sections 1 and
Petty Sessions.
2 thereof, shall be summarily had and granted by the Court of Petty Sessions, and
enforced according to the Laws for the time being in force for regulating the said
Court and its practice .
Lender defined. 30. Every person purchasing, receiving, or taking in, any goods or chattels,
and paying money for, or advancing money upon, the same, with or under any
understanding, agreement, or condition , express , 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.
Penalties: 31. For violations of or defaults in obedience to this Ordinance, there shall be
imposed the penalties following, that is to say :
1. Against secs. 1. For every offence against section 3, section 5, or section 6, a fine not ex
3, 5, and 6.
ceeding two hundred current dollars ; and moreover, for a third or any
subsequent offence against section 6 , the forfeiture of the offender's said
licence.
2. Against secs. 2. For every offence against either of the sections, from 7 to 16 both inclusive,
7 to 16.
a fine not exceeding five hundred current dollars, together with (if the
Court shall so direct) the forfeiture of the said licence.
3. Against sec. 3. For every offence against section 19, the penalty of imprisonment with
19.
or without hard labour for a term not exceeding two years.
Against secs. 4. For every offence against section 20, or section 23, a fine not exceeding fifty
20 and 23.
current dollars.
4. Against see. 5. For every offence against section 24, a fine not exceeding one hundred
24.
current dollars, together with (if the Court shall so direct) the forfeiture
of the said licence.
6. Against sec. 6. For every offence against section 25, a fine not exceeding fifty current
25.
dollars, and also (where applicable) the forfeiture of, and disqualification
for, office under Government.
7. Against sec.
26. 7. For every offence against section 26, a fine not exceeding five hundred
current dollars.
8. Against sec. 8. For every offence against section 27, a fine not exceeding one hundred
27.
current dollars .
Fines to be paid 32. All fines received or levied under this Ordinance, shall be paid into the
Into Treasury.
Treasury to the use of the Crown.
Right of Appeal 33. Nothing herein contained shall affect the right of appeal by Crown or party,
not affected.
against any adjudication , nor the general jurisdiction of the Supreme Court, nor any
of the laws relating to crimes or offences.
[ Repealed by Ordinance No. 3 of 1860.]