1912_SUMMARY_OFFENCES_ORDINANCE__1845 — Page 15

2.1

No. 1 of 1845.

Order for dilivery of goods stolen or fraudulently obtained and in possession of dealer in secoud- hand pro- perty.

Restoration of property

pawned.

*

SUMMARY OFFENCES.

such thing at the time and place when and where the same has been, found and seized (and the possession of a carrier, agent, or servant shall be deemed to be the possession of the person who has employed such other person to convey the same); and shall be liable to a fine not exceeding 100 dollars, or to imprisonment for any term not exceeding 3 months.

39. §-(1) If any goods are stolen or unlawfully obtained from any person, or, having been lawfully obtained, are unlawfully deposited, pawned, pledged, sold, or exchanged, and complaint is made thereof to a Magistrate, and that such goods are in the possession of any broker, dealer in marine stores, or other dealer in second-hand property, or of any person who has advanced money upon the credit of such goods, it shall be lawful for the Magistrate to issue a sunimons or warrant for the appearance of such broker or dealer, and for the production of such goods, to be delivered up to the owner thereof, either without payment or on payment of such sum and at such time as the Magistrate may think fit.

(2) Every broker or dealer who, having been so ordered, refuses or neglects to deliver up the goods, or who disposes of or makes away with the same after notice that such goods were stolen or unlawfully obtained as aforesaid, shall forfeit to the owner of the goods the full value thereof: Provided always that no such order shall bar any such broker or dealer from recovering possession of such goods by action from the person into whose possession they may come by virtue of the Magistrate's order, provided that such action is commenced within 6 months next after such order has been made.

40.§ It shall be lawful for a Magistrate to order that any goods unlawfully brought before him which have been unlawfully pawned, pledged, or exchanged, and the ownership of which is established to his satisfaction, shall be delivered up to the owner by the person with whom they were so unlawfully pawned, pledged, or exchanged, either without compensation or with such compensation to that person as he may think fit.

Forfeiture of stolen goods

41. When any goods or money charged to be stolen or unlawfully or unclaimed obtained, and of which the owner is unknown, are or is ordered by money. a Magistrate to be delivered to the Captain Superintendent of Police, it shall be lawful for a Magistrate, after the expiration of 12 mouths

**

§ This section is not applicable to pawnbrokers: No. 1 of 1860, s. 28.

As amended by No. 50 of 1911.

* As amended by No. 51 of 1911.

** As amended by No. 50 of 1911 and No. 51 of 1911..

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