868

Delivery to
owner of
property
unlawfully
pawned.

Ch. 31. No. 12.] Pawnbrokers.

produced the pawn-ticket: Provided that such a
declaration shall not be effectual for that purpose unless
it is duly made and delivered back to the pawnbroker
not later than on the third day after the day on which
the form is delivered to the applicant by the pawn-
broker (exclusive of a day or days on which the pawn-
broker is prohibited from carrying on business) ;

(c) the pawnbroker is hereby indemnified for not
delivering the pledge to any person until the expiration
of the period aforesaid,

(d) the pawnbroker is hereby further indemnified
for delivering the pledge, or otherwise acting in con-
formity with the declaration, unless he has actual or
constructive notice that the declaration is fraudulent
or is false in any material particular;

(c) no fee shall be payable on any such declaration.

(2) If any person makes a declaration under this
Ordinance, either as an applicant or as identifying an
applicant, knowing the same to be false in any material
particular, he shall be guilty of a misdemeanor, and shall
be liable to the punishment attaching by law to perjury.

25. In each of the following cases,—-

(a) if any person is convicted under this Ordinance
before any Magistrate of knowingly and designedly
pawning with a pawnbroker anything being the pro-
perty of another person, the pawner not being employed
or authorised by the owner thereof to pawn the same,

(b) if any person is convicted in any court of felonious-
lv taking or fraudulently obtaining any goods and
chattels, and it appears to the court that the same have
been pawned with a pawnbroker,

(c) if, in any proceedings before a Magistrate, it
appears to such Magistrate that any goods and chattels
brought before the court have been unlawfully pawned
with a pawnbroker,

the court or Magistrate, on proof of the ownership of the
goods and chattels, may, if it or he thinks fit, order the
delivery thereof to the owner, either on payment to the
pawnbroker of the amount of the loan or of any part