360.
t Day of the on the first t Seven Days
aforesaid, the kept for that
Statement to
Chattels upon the said Loan, on of the Bor- of the Street
listinguishing
租者 and if o of the like Abode of such
der to be the e said Entries ility ascertain he Particulars he said Book ived in Pawn: mencement of
essively until at is received ered One and And the like
lot of Chinese
er shall imme-
1 in the said other Book, to ok."
said deliver to
e Number of
ent of the said urther setting de of the said e Place of his said Borrower lawful for the d.
le said Lender
t be produced
n applying to der or his Re- said Ticket a ne said princi- ace of Twelve
ry.
together with 1 to which the the said Loan, to receive the the Goods and t the Borrower
t or previously shall have had tice not to de- wledge or No- tained from or Tickets as to y the Section
THE HONGKONG' GOVERNMENT GAZETTE, 10гн MARCH, 1860. 53
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.
Gooda of lost Tickets.
Or
XIV. Upon the application of any Person (other than the said Borrower or the Provision for Cases Holder of the said Ticket) representing himself to be the Owner of the said Goods and Chattels or Ticket, as the Case may be, 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 unredeemed or unsold, forthwith to deliver to such Applicant a Copy of the Entry in the said General Book, which said Applicant shall immediately thereupon proceed to the Office of the Court hereinafter mentioned, and obtain an Appoint- ment there for the purpose of verifying by lawful Evidence the Truth of such Representa- tion; 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 Represen- tatives, 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 pay- ment 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.
XV: It shall be the duty of a Stipendiary Magistrate upon lawful Evidence being Search Warrants. given to his Satisfaction, 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 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.
perty of the Pawn-
XVI. Subject to the Provisions hereinbefore contained Goods and Chattels, Unredeemed Goods pawned or pledged as aforesaid shall from and after the Expiration of the said Three to become the Pro- Months, if the same are then still unredeemed, become and be the Property of the said broker. Lender and his Representatives absolutely.
every
of themselves, the
XVII. Every Person applying to borrow shall, at the Time of his Application in Applicants for Loans that behalf, give to the Person to whom such Application is made, a full, true, and to give true Accounts satisfactory Account of himself, his Name, his Place of Abode, the Goods and Chattels, Goods, &c. with respect to which the said Application is made, his Possession thereof, the Right of Property therein, and the Name and Place of Abode of the Owner thereof; and Person applying to redeem any Goods and Chattels, or for a Copy of an Entry 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; And no Person shall pawn, pledge or dispose of, or No unauthorised attempt to pawn, pledge, or dispose of, the Goods or Chattels of any other Person with- Owner to pledge any out being duly authorised or employed in that behalf by the Owner thereof.
XVIII. Any Person to whom any application is made to borrow or redeem, or for a Copy of an Entry without such full, true, and satisfactory Account having been in that behalf given by the Applicant, as in the Section next immediately preceding is specified, or who shall have reasonable Cause to suspect any unlawful Practice on the part of an Applicant in either of the above Cases, is hereby required to seize and detain 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 by 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 ten- dered 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.
XIX. 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 Representatives otherwise than according to the provisions of this Ordinance.
2. Where the same have been stolcu, embezzled or lost, before the Period for the redemption thereof is elapsed.
Person or other than
Goods.
Duty to seize and deliver into Custody Applicants for Loans
not giving true Ac-
counts.
Liabilities of Pawn- brokers.
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