Exceptional Provision for Goods or Ticket. Search Warrants. Unredeemed come the Property of the Pawnbroker. Applicants for Loans to give true Accounts of themselves, the Goods, &c. Pawnbrokers. XII. The Section next preceding shall not extend to Cases where, at or previously to such Tender, the Lender or his Representatives shall have had from the Borrower, or the Owner of the said Goods, Notice not to deliver the same, 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; nor to Tickets 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 or their Representatives to withhold the Goods. XIII. Upon the Application of any Person representing himself to be the Borrower or the Owner of the said Goods 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 Lender, or his Representatives, if the Goods be still unredeemed or unsold, forthwith to deliver to such Applicant a Copy of the Entry in the General Book, and the said Applicant shall immediately thereupon proceed to the Court herein-after mentioned, and obtain an Appointment there for the Purpose of verifying by lawful Evidence the Truth of such Representation And if he shall verify the same to the Satisfaction of the Court within Seven Days then next following, and shall obtain a Certificate to that Effect, endorsed upon the said Copy, it shall be the Duty of the Lender or his Representatives, upon the Copy so endorsed being delivered by the said Applicant, to deliver unto him according to the Circumstances of the Case, and as the Court shall order, another Ticket or the Goods, either with or without Payment of the principal Monies or Interest, or both Principal and Interest, as the Court shall direct. XIV. It shall be the Duty of a Stipendiary Magistrate upon lawful Evidence being given to his Satisfaction, that there are probable Grounds for believing that any Goods have been pawned without the Privity of their Owner, to issue his Warrant for searching any Place where the Goods shall appear to him to be; and if any of the Goods shall upon such Search be discovered, it shall be the Duty of the Person executing the Warrant to take them or cause them to be taken into safe Keeping to abide the Order of the Court. XV. Subject to the Provisions herein-before contained, Goods pawned as aforesaid shall from and after the Expiration of Three Months, if the same are then still unredeemed, become and be the Property of the Lender or his Representatives absolutely. Provided nevertheless, that if at the Expiration of Three Months the Borrower shall be desirous of continuing the Loan for a further Period not exceeding Three Months, he shall be entitled so to do on paying the Interest then due ; and an Entry to this effect shall be made in the Book and endorsed on the Ticket. XVI. Every Person applying to borrow shall, at the Time of his Application in that Behalf, give to the Pawnbroker to whom such Application is made true Information to enable him to comply with the Requirements of Sections Eight and Nine: And every Person applying to redeem Goods, or for a Copy of an Entry shall, at the Time of his Application, give to the Person to whom such Application Pawnbrokers. Application is made a full and true account of himself, his Name, his Place of Abode, the Name and Place of Abode of the Owner, No unauthoand of the Circumstances under which his Application is made; rized Person or and no Person shall pawn, or attempt to pawn, the Goods of any other Person without being duly authorised or employed in that Behalf. XVII. Any Pawnbroker to whom any Application is made to borrow or redeem, or for a Copy of an Entry who shall have reasonable Cause to suspect any unlawful Practice on the part of the Applicant in any of the above Cases, is hereby required to seize and detain such Applicant, and empowered to call in the Aid of any other Person for that Purpose: And every Person so seized shall, with all reasonable Speed, be delivered into the Custody of a Police Constable who is hereby required to convey him before a Magistrate. other than Owner to Duty to seize XVIII. Pawnbrokers and their Representatives shall be liable Liabilities of to make good all Loss or Damage accruing to Borrowers in the Pawnbrokers. Cases following, that is to say: (1.) Where the Goods pawned have been stolen, embezzled, lost, or otherwise improperly disposed of, before the Period for the Redemption thereof shall have elapsed. (2.) Where the Goods, before the said Period has elapsed, shall, by the Default, Neglect or Misfeasance of the Lenders, their Representatives or Servants, have been destroyed, damaged or impaired in Value. In any of the said Cases the Court shall allow and award an Amount in Satisfaction of such Loss or Damage from which shall be deducted the Amount of Principal and Interest then due, in respect of such Goods. XIX. No Pawnbroker shall receive any Goods in Pawn from No Loans to Per. any one under the Age of Ten Years. XX. It shall not be lawful for any Pawnbroker to receive in Pawn any Goods 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. XXI. No Goods shall be pawned or redeemed before Six of the Clock in the Morning, or after Eight of the Clock in the Night. XXII. All Adjudications, and Certificates under this Ordinance, 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. sons under Ten Years of Age. Property of the Crown not to be taken in Pawn. Hours of Business. Summary Ju risdiction of the Court of Petty Sessions. XXIII. Every Person purchasing, receiving, or taking in, any Pawnbroker Goods and paying Money for, or advancing Money upon, the defined. same, to an Amount not exceeding Five Hundred current Dollars, with or under any Undertaking, Agreement, or Condition, express, implied, or reasonably inferrible, from the Nature or Character of the Dealing, or the Usage in respect thereof, that the said Goods in Whole or Part may be afterward redeemed or re-purchased upon any Terms soever, shall be deemed to be a Pawnbroker within the Meaning of this Ordinance. N 2 XXIV. For Penalties. Fines to be paid into Colonial Treasury. Pawnbrokers. XXIV. For Offences against this Ordinance, there shall be imposed the Penalties following, that is to say: (1.) For every Offence against Sections Two, Four, Five, Six, and Sections Eight to Thirteen, both inclusive, a Fine not exceeding Two Hundred current Dollars, together with the Forfeiture of the Offender's Licence if the Court shall so direct. (2.) For every Offence against Section Sixteen, the Penalty of Imprisonment with or without Hard Labour for a Term not exceeding Two Years. (3.) For every Offence against Section Seventeen, or Section Nineteen, a Fine not exceeding Fifty current Dollars, together with (if the Court shall so direct) the Forfeiture of the Licence. (4.) For every Offence against Section Twenty, a Fine not exceeding Five Hundred current Dollars, and Forfeiture of the Licence, if the Court shall so direct. (5.) For every Offence against Section Twenty-one, a Fine not exceeding One Hundred current Dollars. XXV. All Fines received or levied under this Ordinance, shall be paid into the Colonial Treasury to the Use of the Crown. XXVI. Nothing herein contained shall affect the Right of Appeal against any Adjudication, nor the Jurisdiction of the Court, and Laws Supreme Court, nor any of the Laws relating to Crimes or Right of Appeal, Jurisdiction of the Supreme relating to Crimes, &c., not affected. Offences. NOTE.-Numbers of Loans to continue through one Month, and to commence anew with each succeeding Month. 6 6 Vesting of Ordnance Estates. No. 6. of 1860. An Ordinance for transferring to One of Her Majesty's Principal Secretaries of State the Powers and Estates vested in the Principal Officers of the Ordnance. [30th April, 1860.] WHEREAS Her Majesty the Queen hath thought fit to Preamble. revoke the Letters Patent of some of the Principal Officers of Her Majesty's Ordnance, and by other Letters Patent 'to transfer to One of Her Majesty's Principal Secretaries of 'State the Administration of the Department the Duties of which were previously executed by the said Principal Officers of Her Majesty's Ordnance: And whereas it is expedient that the 'several Powers and Authorities at any Time heretofore given to or vested in and exerciseable by, and the Lands, Hereditaments, Estates and Property, at any time heretofore purchased, taken, used, occupied, and vested in the Principal Officers of Her Majesty's Ordnance, and all Title, Estate, and Interest therein respectively, should be also transferred from the said Principal Officers, and vested in One of Her Majesty's Principal Secre'taries of State :' Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows : 6 Officers of the transferred to I. All the Powers, Authorities, Rights, and Privileges what- Powers, &c. soever, which by virtue of any Act or Acts of the Imperial vested in the Parliament, or of the Colonial Legislature, or of any other Law, Principal Custom, or Usage whatsoever, have been or were at any Time vested in or exerciseable by the Principal Officers of Her Majesty's Ordnance, or any of them, shall from henceforth continue in full Force, and shall be and the same are hereby declared to be transferred to and vested in and exerciseable by Her Majesty's Principal Secretary of State for the Time being to whom Her Majesty shall think fit to entrust the Seals of the War Department, and such last-mentioned Principal Secretary of State shall be entitled to the same Exemption from Personal Responsibility as the said Principal Officers were entitled to. ment. Officers vested in the said Secretary of State. II. All Lands, Hereditaments, Estates, and Property whatso- All Lands, &c. ever, which by virtue of any Act or Acts of the Imperial Parliament, vested in such or of the Colonial Legislature, or of any Conveyance, Surrender, Lease, or other Assurance, or of any Law, Custom, or Usage whatsoever, before and at the Time of the Revocation by Her Majesty herein-before mentioned were vested in the Principal Officers of the Ordnance, on behalf of Her Majesty, or which have been at any Time before the Passing of this Ordinance held, used, or occupied, or purchased, vested, or taken, by or in the Name of or by any Person or Persons in Trust for Her Majesty, for the Use and Service of the said Department or for the Defence and Security of the Realm, and which have not been sold, aliened, or parted with, shall from henceforth be and the same are hereby declared to be transferred to and vested in the last-mentioned Principal Secretary of State for the Time being, on behalf of Her said Majesty; and when and so often as the said last-mentioned N 3 Principal Contracts, &c. made by the Principal Officers relating to the Public Service to be enforced by such Secretary of State. Vesting of Ordnance Estates. Principal Secretary of State, and any succeeding Principal Secretary of State to whom Her Majesty shall have intrusted the Seals of the War Department, shall cease to hold such Office, the said several Lands, Hereditaments, Estates, and Property, and all Lands, Hereditaments, Estates, and Property which hereafter shall be purchased or otherwise acquired by any such lastmentioned Principal Secretary of State for the Time being, on Behalf of Her said Majesty, shall by virtue of this Ordinance be absolutely divested out of such Secretary of State so ceasing to hold such Office as aforesaid, and shall by virtue of this Ordinance be transferred to and vested in his Successor in the said Office, immediately upon his receiving the Seals of the said Department, absolutely; and the said Lands, Hereditaments, Estates, and Property hereby vested and hereafter to be vested in the said lastmentioned Principal Secretary of State and his Successor shall, as to such of them as were or shall have been purchased, or are or shall be held for an Estate of Inheritance in Fee Simple, be so vested in such last-mentioned Principal Secretary of State and his Successors in the same Manner as if the Fee Simple thereof had been originally conveyed to such Principal Secretary of State as a Corporation Sole and his Successors; and as to all Lands, Hereditaments, and Property purchased or held for any less Estate than an Estate of Inheritance in Fee Simple, as if the same Lands, Hereditaments, and Property had been originally conveyed, surrendered, demised, or otherwise assured to such Principal Secretary of State as a Corporation Sole, and his Successors, for all the existing Estates or Interests therein respectively, and so from Time to Time. III. All Contracts, Covenants, and Agreements heretofore made or entered into by any Person or Persons whomsoever with the said Principal Officers of the Ordnance, or any Person or Persons on their behalf, as to or concerning any Lands, Hereditaments, Estates, and Property vested in or agreed to be purchased by the said Principal Officers, or in anywise relating to the Public Service, shall be deemed and taken to have been made or entered into with such Principal Secretary of State as last aforesaid, and shall be executed and enforced by him in like Manner as if he had originally been Party thereto, instead of the said Principal Officers of the Ordnance; and all Proceedings whatsoever which have been or might or may have been commenced, taken, or done in the Names of the said Principal Officers, on Behalf of Her Majesty, shall and may hereafter be commenced, continued, taken, and done in the Name of such Principal Secretary of State as aforesaid, in like Manner (in the Case of Proceedings already commenced, taken, or done,) as if he had originally been Party thereto, instead of the said Principal Officers of the Ordnance. Such Secretary IV. In every Contract, Conveyance, Surrender, Lease, or other of State to be Assurance of any Lands, Hereditaments, Estates or Property, described in with, unto, or by the last-mentioned Principal Secretary of State Conveyances, for the Time being, and in every other Deed or Instrument &c. as "Her Majesty's Prin- relating to any Lands, Hereditaments, Estates, or Property, or cipal Secretary in anywise to the Public Service, to which the last-mentioned Principal |