ORDINANCE No. 11 OF 1858.
Pawnbrokers, &c.—Offences.
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.
21. 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 stolen, embezzled, or lost, before the period for the redemption thereof is elapsed:
3. Where the same, before the said period is elapsed, have been by the default, neglect, or misfeasance of the lenders, their representatives, or servants, destroyed, damaged, or impaired in value (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.
22. Where the amount so allowed shall be less than the amount due from the borrower for principal 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 making such last-mentioned deduction.
23. 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.
24. No person shall receive any goods or chattels in pawn from, or lend to, any one not being of the age of twelve years at the least.
25. 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 lend or advance or act as lender of, any monies under this Ordinance.
26. 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.
27. No business shall be transacted at any of the said places of business after eight of the clock in the night, or before eight of the clock in the morning, except only for one day next before the first day of the Chinese New Year.
28. Forms of tickets and entries in books, for the purposes of this Ordinance, shall be notified from time to time in the Hongkong Government Gazette, in English and
431
Liabilities of lenders:
1. For improperly disposing of goods pawned.
2. In case of theft or loss.
3. In case of damage or neglect.
How settled for.
Lenders to carry into effect such allowances.
No loans to persons under twelve years.
Persons in the employment of Government and their families disqualified.
Public property.
Hour of business.
Forms of tickets and entries to be notified in the
Page 5
Page 6
ORDINANCE No. 11 OF 1858.
Pawnbrokers, &c.—Offences.
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. 21. 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
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 stolen, embezzled, or lost, before the period for
the redemption thereof is elapsed:
3. Where the same, before the said period is elapsed, have been by the default, neglect, or misfeasance of the lenders, their representatives, or servants, destroyed, damaged, or impared in value (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.
22. Where the amount so allowed shall be less than the amount due from the borrower for principal 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 making such last-mentioned deduction.
23. 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.
24. No person shall receive any goods or chattels in pawn from, or lend to, any one not being of the age of twelve years at the least.
25. 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 lend or advance or act as lender of, any monies under this Ordinance.
26. 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.
27. No business shall be transacted at any of the said places of business after eight of the clock in the night, or before eight of the clock in the morning, except only for
onek, next before the first day of the Chinese New Year.
28. Forms of tickets and entries in books, for the purposes of this Ordinance, shall be notified from time to time in the Hongkong Government Gazette, in English and
431
Liabilities of lenders:
1. For improper-
ly disposing of goods pawned.
2. In case of
theft or loss..
3. In case of
damage or neglect.
How settled for.
Lenders to carry into effect such, allowances.
No loans to persons under twelve years.
Persons in the employment of Government and their families disqualified.
Public property.
Hour of business.
Forms of tickets
and entries to be notified in the
Page 5Page 6
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