724938-1858-GOVERNMENT-NOTIFICATION — Page 2

Na farther profit to

ba nande.

A General Book to be kept, and Entries

The Hongkong Government Gazeltę,

·

[JUNE 19, 1858,

Month, and every Fractional Part of a Month, after such rate as shall have been agreed upon at the of the making of the said Loan ;-which said principal Monics and Interest shall be taken in full satisfact of all Charges for or incident to the Loan to which the same relate; yet so as that the First Month Interest shall be deemed to be due on the First day of the First Month, unless redemption be applied: within the First three Days thereof.

IX. Every such Loan shall be bona fide made without deduction out of the amount expressed to! lent, and no Profit or Interest over and above the Rate aforesaid shall be on any pretext received

demanded.

X. Before any Monies shall be advanced on any such Loan as aforesaid, the Lender thereof shall cut. mate, atud numbered. or cause to be entered in a Book, to be by him kept for that purpose, and to be called « The General Bock,

a fair, true, and regular Statement of the Nature and Description, and also of the actual condition, of t Goods or Chattels upon which the said Loan shall be made, and of the exact Amount in Value of the ... Loan, and of the exact rate of interest thereon, and of the Name, Description, and Abode of the Borrowe and of the Number (if any) of the Place and the Name (if any) of the Street of such his Abode (d:. tinguishing him, if the Occupier of his Place of Abode by the Chinese Characters and by the Engl 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 suc 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 sail Loan shall be made: yet so as that, before any of the said Entries shall be made in the said Book, ih, 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 the said Book from Number One progressively to the end of the Month as they are received in Pawn: exemp's gratia, the first Pledge that is received in Pawn after the commencement of this Ordinance shall b numbered One, the second Two, and so on progressively until the end of the now instant Month June; and the first Pledge that is received in Pawn in the Month of July next, shall be in like mam 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. A Supplemental Book to ke kept for XI. If any of the said Goods and Chattels shall consist of Articles, not of Chinese manufacture, and Articles aot of Chinese not especially adapted for Chinese use, the said Lender shall, immediately before or immediately afte 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.” 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 grátis; 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.

Tickets to be deli- wered by the Lender to the Borrower.

Production on re- delivery of Tickets.

The goods to be

given up to any Person producing the Ticket.

Exception of cases.

Provision for lost Goods or Tickets.

Warrants

Search may be issued.

After Six Months

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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 sail Lender or his Representatives by the Person applying to redeem the same: and upon such Redemptio 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.

XIV. On the production and tender of any such Ticket as aforesaid, together with the full amoun: 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.

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 Tickels 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 lawd 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 cffect, endorsed upon the said Copy, it shall be the duty of the said Lender or his Representatives, upis the said Copy so endorsed being produced and delivered by the said Applicant, to deliver unto 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 soaredag within the Hours of Business any Place where the said Goods and Chattels shall appear to him to le d it shall be the duty of the Lender, or his Representatives, and of all Persons in or about the said ace, to give effect and be obedient to the sall

and if any of the said Goods and Chattels shall have been upon such search discovered, it sh be the duty of the F'erson executing the said Warrant to take them or cause them to be taken to the sub. Office, there to abide the Order of the said Court.

Warrant;

XVIII. Subject to the Provisions hereinbefore contained for securing the delivery of Goods an the goods, if unredeem- Chattels to the said holder of the Ticket, Borrower, Owner, or other Person, the said Goods and Chatte ch, to be the property from and after the expiration of the said Six Months, if the same are then still unredeemed, shall becom of the Lander. and be the Property of the said Lender and his Representatives absolutely.