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22. No person shall pawn, or attempt to pawn, the Culawful goods of any other person without being duly authorised pawning. or employed in that behalf.

23. Every pawnbroker to whom any application is Pawnbroker made to borrow or redeem, or for a copy of an entry, who to seize has reasonable cause to suspect any unlawful conduct on applicant the part of the applicant in any of the above cases, is suspected of

unlawful hereby required to seize and detain such applicant, and is conduct. empowered to call in the aid of any other person for that purpose; and every person so seized shall, with all reasou- able speed, be delivered into the custody of a police constable ho shall convey him before a magistrate.

24.-(1) A pawnbroker shall make good all loss or Liability of damage accruing to a borrower in the following cases :-- pawnbroker

in respect

(a) where the goods pawned have been stolen, of loss or

embezzled, lost, or otherwise improperly dis- damage. posed 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 mis- feasance of the pawnbroker been destroyed, damaged, or impaired in value.

(2) In any of the said cases a 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.

(3) A pawnbroker shall not be responsible for damage caused by fire, rats, insects or other causes not attributable to his default.

25. No pawnbroker shall receive any goods in pawn Pawning by from any person under the age of ten years.

children.

26. It shall not be lawful for any pawnbroker to receive Taking in in pawn any goods having upon them any mark or sign pawn goods denoting them to be or to have been the property of the with cortain Crown or of any public department.

marks,

27. Subject to any regulation made under this Ordi- Hours of uance by the Governor in Commeil, no goods shall be business. pawned or redeemed before 6 a.m. or after 8 p.m.

28.—(1) In each of the following cases, that is to Delivery to

say :-

owner of

(a) if any person is convicted of feloniously taking property

unlawfully or fraudulently obtaining any goods, and it pawned, with appears to a court or magistrate that the same or without have been pawned with a pawnbroker, or compensation

to pawn- (b) if, in any proceedings before a court or magis- broker.

trate, it appears that any goods brought before such court or magistrate have been unlawfully pawned with a pawnbroker,

the court or magistrate, on proof of the ownership of the goods, may order either the delivery or the non-delivery thereof to the owner, either on payment to the pawn- broker of the amount of the loan advanced by him thereon, and the interest due, or ou payment of any part of such loan or interest, or without payment of any part of such loan or interest, as to the court or magistrate, according to The conduct of the owner and pawnbroker and the other circumstances of the case, may seem just and itting.

(2) No such order shall be made by the court or magis- trate unless the pawnbroker and the owner shall have been given an opportunity of being heard.

1865.

(3) Notwithstanding anything contained in section 88 of the Larceny Ordinance, 1865, or in section 24 of the Ordinance Sale of Goods Ordinance, 1896, any such order made by No. 5 of the court or magistrate shall bar any civil remedy which Ordinance the owner would have had for the recovery of the goods, No. 4 of and the owner shall not be entitled to claim the returu of 1896. the goods from the pawnbroker except in accordance with the terms of such order.

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