105
5
No further profit to be made.
A General Book to be kept, and Entries made, and numbered.
A
Supplemental
The Hongkong Government Gazette.
[JUNE 19, 1858.
Month, and every Fractional Part of a Month, after such rate as shall have been agreed upon at the time of the making of the said Loan ;-which said principal Monies and Interest shall be taken in full satisfaction of all Charges for or incident to the Loan to which the same relate; yet so as that the First Month's Interest shall be deemed to be due on the First day of the First Month, unless redemption be applied for within the First three Days thereof.
IX. Every such Loan shall be bona fide made without deduction out of the amount expressed to be lent, and no Profit or Interest over and above the Rate aforesaid shall be on any pretext received or demanded.
X. Before any Monies shall be advanced on any such Loan as aforesaid, the Lender thereof shall enter or cause to be entered in a Book, to be by him kept for that purpose, and to be called "The General Book," a fair, true, and regular Statement of the Nature and Description, and also of the actual condition, of the Goods or Chattels upon which the said Loan shall be made, and of the exact Amount in Value of the said Loan, and of the exact rate of interest thereon, and of the Name, Description, and Abode of the Borrower, and of the Number (if any) of the Place and the Name (if any) of the Street of soch his Abode (dis. tinguishing him, if the Occupier of his Place of Abode by the Chinese Characters and by the English Letter O, and if only an Inmate thereof by the Chinese Characters and by the English Letter); and also of the like particulars (distinguished in like manner) of the Name, Description, and Abode of such other Person (if any) as the said Borrower shall represent to the said Lender to be the true Owner of the said Goods and Chattels; and lastly, of the Day of the English Month and Year upon which the said Loan shall be made: yet so as that, before any of the said Entries shall be made in the said Book, the said Lender shall to the best of his ability ascertain from the said Borrower the truth thereof respectively: And every Loan, the particulars whereof shall have been so entered as aforesaid, shall be numbered in the said Book from Number One progressively to the end of the Month as they are received in Pawn: exempli gratid, the first Pledge that is received in Pawn after the commencement of this Ordinance shall be numbered One, the second Two, and so on progressively until the end of the now instant Month of June; and the first Pledge that is received in Pawn in the Month of July next, shall be in like manner numbered One, and the second Two, and so on progressively until the end of that Month; And the like Regulation shall be observed in every succeeding Month for ever after.
Book to ke kept for XI. If any of the said Goods and Chattels shall consist of Articles, not of Chinese manufacture, and Articles not of Chinese not especially adapted for Chinese use, the said Lender shall, immediately before or immediately after manufacture or use. entering such particulars as aforesaid in the said General Book, make a second and separate Entry of the same tenor in another Book, to be kept by him for that purpose, and to be called "the Supplemental Book."
Tickets to be deli- vered by the Leader to the Borrower.
Production on re- delivery of Tickets.
XII. Together with the full Amount of the said principal Monies, the Lender shall at the time of making any such Loan as aforesaid deliver to the Borrower a Ticket, containing a fair, legible, and true Extract of the Number of the Entry of the said Loan in the said Book, and also of the Statement of the said particulars thereof so entered as aforesaid, and further setting forth in a fair, legible, and true Manner, the Name, De. scription, and Abode, of the said Lender, and of the Street (if any), and of the Number (if any) of the Place of his said Abode, which said Ticket shall be so delivered gratis; and if the said Borrower shall decline, neglect, or omit to accept and take the same, it shall not be lawful for the said Lender to receive or retain the Goods and Chattels therein mentioned.
XIII. In order to entitle any Person to redeem and re-demand from the said Lender or his repre- sentatives the said Goods and Chattels, the said Ticket must be produced and re-delivered to the said Lender or his Representatives by the Person applying to redeem the same: and upon such Redemption being effected, the said Lender or his representatives shall fairly and legibly enter or cause to be entered on the said Ticket a true and exact note of the Amount of Interest taken by or for him upon the said principal Monies, and shall retain the same Ticket in his Custody for the space of Twelve Months next following the Day of the making of such last-mentioned Entry.
The goods to be given up to any Person XIV. On the production and tender of any such Ticket as aforesaid, together with the full amount producing the Ticket. then due for Principal and Interest in respect of the Loan to which the same refers, if made at the end of Six Months from the day of the making of the said Loan, it shall be the duty of the Lender therein named and his Representatives, to receive the same, and to deliver up to the Person producing and tendering the same the Goods and Chattels described in the said Ticket, whether such Person shall be or not the Borrower therein named.
Exception of cases.
Provision for lost Goods or Tickets,
Search Warrants may be issued.
XV. The Section next preceding shall not extend to Cases where, at or previously to such production and tender, the said Lender or his Representatives shall have had from the said Borrower, or the Owner of the said Goods and Chattels, notice not to deliver the same upon the said production and tender, or shall have had knowledge or notice that the same have been, or are suspected to have been, unlawfully obtained from or lost by the Owner thereof, before the making of the said Loan, 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 and their Representatives to withhold such delivery, if required merely upon the production and tender aforesaid,
XVI. Upon the application of any Person (other than the said Borrower) representing himself to be the Owner of the said Goods and Chattels, or of any Person (other than the holder of the said Ticket) representing himself to be the Owner thereof, and to have lost or been unlawfully deprived of the same, it shall be the duty of the said Lender, or his Representatives, if the said Goods and Chattels be still unredeem- ed, forthwith to deliver to such Applicant a copy of the Entry in the said General Book, or (as the case may be) of the said Ticket, which said Applicant shall immediately thereupon proceed to the Office of 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 said Court within Seven Days then next following, and shall obtain from the said Court a Certificate to that effect, endorsed upon the said Copy, it shall be the duty of the said Lender or his Representatives, upon the said Copy so endorsed being produced and delivered by the said Applicant, to deliver unto him according to the circumstances of the case, and as the said Court shall order, the said Goods and Chattels, and either with or without payment of the said principal Monies or Interest, or both Principal and Interest, as the circumstances of the case shall require, and the said Court shall direct.
XVII. It shall be the duty of a Stipendiary Magistrate upon lawful evidence being given to his satisfac- tion, that there are probable grounds for believing that any Goods or Chattels have been pawned without the privity of their Owner, to issue his Warrant for searching within the Hours of Business any Place where the said Goods and Chattels shall appear to him to be, and it shall be the duty of the Lender, or his Representatives, and of all Persons in or about the said Place, to give effect and be obedient to the said Warrant; and if any of the said Goods and Chattels shall have been upon such search discovered, it shall be the duty of the Person executing the said Warrant to take them or cause them to be taken to the said Office, there to abide the Order of the said Court. the goods, if unredeem- Chattels to the said holder of the Ticket, Borrower, Owner, or other Person, the said Goods and Chattels, XVIII. Subject to the Provisions hereinbefore contained for securing the delivery of Goods and ed, to be the property from and after the expiration of the said Six Months, if the same are then still unredeemed, shall become
and be the Property of the said Lender and his Representatives absolutely.
After Six Months
of the Lender.
JUNE 19, 1858.]
The Hongkong Government Gazette.
Applicants to give
XIX. Every Person, applying to borrow shall, at the time of his application in that behalf, give to the Person to whom such application is made, a full, true, and satisfactory Account of himself, his Name, his Place true accounts of them- of Abode, the Goods and Chattels, with respect to which the said application is made, his possession thereof, elves, the Goods, &c. the right of property therein, and the Name and l'lace of Abode of the Owner thereof; and every Person applying to redeem any Goods and Chattels or for a Copy of a Ticket, shall, at the time of his application in that behalf, give to the Person to whom such application is made a full, true, and satisfactory Account of himself, 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 ful practice on the part of an Applicant in either of the above cases, is hereby required to seize and detain true accounts. any 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 the Applicant at the time of his said application,) into the Custody of a Member of the Police Force, who is 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.
ders:
1. For improperly
XXI. Lenders and their Representatives shall be liable to make good all Loss or Damage accruing, Liabilities of Len- 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: 2. Where the same have been stolen, embezzled, or lost, before the Period for the redemption
thereof is elapsed:
disposing of Goods 2. In case of theft pawned.
3. In case of Damage
or loss.
How settled for,
3. Where the same, before the said Period is elapsed, have been by the default, neglect, or misféasance
of the Lenders, their Representatives, or Servants, destroyed, damaged, or impaired in Value or neglect. (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- eipal 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 makin g such last-mentioned Deduction.
Lenders to carry
into effect such allow.
No Loans to Persona under Twelve Years.
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, aby one not being ances 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 Persons in the "Em- 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.
ployment of Govern- ment and their Fa- milies disqualified.
Public Property.
XXVII. No business shall be transacted at any of the said Places of business after Eight of the Hour of Business, 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.
XXVIII. Forms of Tickets and Entries in Books, for the purposes of this Ordinance, shall be notified Forme of Tickets from time to time in the Hongkong Government Gazette, in English and Chinese; and of all such Notifica- and entries to be noti-
tions, cognisance shall be taken, and due obedience rendered thereunto, by all Persons whom they may fied in the Government concern, at the peril of the said Persons respectively.
XXIX. All Adjudications and Certificates under this Ordinance, except Sections One and Two The Court of Petty 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: Penalties following, that is to say:-
1. For every Offence against Section Three, Section Five, or Section Six, a Fine not exceeding Two 1. Against Sections Hundred current Dollars; and moreover, for Third or any subsequent Offence against III, V., and VI. Section Six, the forfeiture of the Offender's said License.
2. For every Offence against either of the Sections, from Seven to Sixteen both inclusive, a Fine 2. Against Sections
not exceeding Five Hundred current Dollars, together with (if the Court shall ao 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.
3. Against Section ..XIX.
4. For every Offence against Section Twenty, or Section Twenty-three, a Fine not exceeding Fifty Against Sections
current Dollars.
XX. and XXIII.
5. Against Section
6. Against Section
5. For every Offence against Section Twenty-four, a Fine not exceeding One Hundred current XXIV.
Dollars, together with (if the Court shall so direct) the forfeiture of the said License.
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. Against Section 7. For every Offence against Section Twenty-six, a Fine not exceeding Five Hundred current "XXVI.
Dollars.
8. Against Section
8. For every Offence against Section Twenty-seven, a Fine not exceeding one Hundred current XXVII.
Dollars.
XXXII. All Fines received or levied under this Ordinateshall be paid into the Treasury to the use of the Crown.
Fines to be paid XXXIII. Nothing herein contained shall affect the right Appeal by Crown or Party, against any Right of Appeal not Adjudication, nor the General Jurisdiction of the Supreme Court.
into Trosary.
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