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JULY 10, 1858 ]
The Hongkong Government Gazette.
Applicant when so seized, shall be by the Person seizing him delivered over with all reasonable speed er 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 reby required to receive him and convey him and the Articles (if any) so produced or tendered as resaid, unto a Stipendiary Magistrate, to abide his order and direction, as to custody, commitment to the
t of Petty Sessions, or liberation, or otherwise.
9
Liabilities of Len-
XXI. Lenders and their Representatives shall be liable to make good all Loss or Damage accruing ders: Borrowers in the cases following, that is to say:-
1. For improperly
1. Where the Goods and Chattels pawned have been disposed of by the Lenders or their Repre- disposing of Goods
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:
pawned.
2. In case of theft or loss.
3. Where the same, before the said Period is elapsed, have been by the default, neglect, or misfeasance 3. In case of Damage
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- Oral 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 trount so due, the latter shall be in like manner deducted from the Amount so allowed, and the Borrower l be entitled to receive from the Lender or his Representatives the Balance alone, after making such st-mentioned Deduction.
XXIII. Allowances so made and awarded shall be immediately and without Condition carried into feet 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, any one not being 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 Person, or an Agent of, or in the employment of, any such Person, or of any Member of such Family, shall tand 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 many Mark or Sign denoting them to be, or to have been, the Property of the Crown, or of any Public Department.
XXVII. No business shall be transacted at any of the said Places of business after Eight of the Cock in the Night, or before Eight of the Clock in the Morning,-except only for One Week, next before
e First Day of the Chinese New Year.
How settled for.
Lenders to carry
into effect such allow-- ances.
No Loans to Persons under Twelve Years.
Persons in the Em-
ployment of Govern-
ment and their Fa- milies disqualified.
Public Property.
I
Hour of Business.
Forms of Tickets and entries to be noti-
XXVIII. Forms of Tickets and Entries in Books, for the purposes of this Ordinance, shall be notified m time to time in the Hongkong Government Gazette, in English and Chinese; and of all such Notifica- fied in the Government ts, cognisance shall be taken, and due obedience rendered thereunto, by all Persons whom they may Gazette.
cern, at the peril of the said Persons respectively.
Sessions.
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 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 fr, or advancing Money upon, the same, with or under any Understanding, Agreement, or Condition, ex- tess, 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
pa 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 Fenalties following, that is to say:-
Lender defined.
Penalties:
1. Against Sections
1. For every Offence against Section Three, Section Five, or Section Six, a Fine not exceeding Two III., V., and VI.
Hundred current Dollars; and moreover, for a Third or any subsequent Offence against Section Six, the forfeiture of the Offender's said License.
2. Against Sections
2. For every Offence against either of the Sections, from Seven to Sixteen both inclusive, a Fine vII. to XVI.
not exceeding Five Hundred current Dollars, together with (if the Court shall so direct) the 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.
4. For every Offence against Section Twenty, or Section Twenty-three, a Fine not exceeding Fifty
current Dollars.
5. For every Offence against Section Twenty-four, a Fine not exceeding One Hundred current
Dollars, together with (if the Court shall so direct) the forfeiture of the said License.
-
3. Against Section XIX.
4. Against Sections
XX. and XXIII.
5. Against Section XXIV.
6. Against Section
6. For every Offence against Section Twenty-five, a Fine not exceeding Fifty current Dollars, and
also (where applicable) the forfeiture of, and disqualification for, Office under Government. XXV. 7. For every Offence against Section Twenty-six, a Fine not exceeding Five Hundred current
Dollars.
8. For every Offence against Section Twenty-seven, a Fine not exceeding One Hundred current
Dollars.
XXXII. - All Fines received or levied under this Ordinance, shall be paid into the Treasury to the use of the Crown.
7. Against Section XXVI.
3. Against Section XXVII.
Fines to be paid into Treasury.
Right of Appeal not
XXXIII. Nothing herein contained shall affect the right of Appeal by Crown or Party, against any Adication, nor the General Jurisdiction of the Supreme Court, nor any of the Laws relating to Crimes affected.
:: Ofences.
Passed the Legislative Council of Hongkong,
this 6th Day of July, 1858.
L. D'ALMADA E CASTRO,
Clerk of Councils.
JOHN BOWRING.
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