| Unlawful pawning and taking in pawn |
| Penalty for wrongfully pawning property of another |
| 34.—(1) Any person who knowingly and designedly pawns with a pawnbroker anything being the property of another person, the pawner not being employed or authorised by the owner thereof to pawn the property, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [7/77] | (2) In addition to any fine imposed under subsection (1), the court may order any person convicted under that subsection to pay by way of compensation to the owner any sum not exceeding the full value of the pledge as ascertained by the court, such sum to be levied and taken in the same manner as a fine. [32 |
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| Offences relating to pawner not giving satisfactory account of himself, giving false information, etc. |
35.—(1) Any person who —| (a) | offers to a pawnbroker an article by way of pawn, being unable or refusing to give a satisfactory account of the means by which he became possessed of the article; | | (b) | wilfully gives false information to a pawnbroker as to whether an article offered by him in pawn to the pawnbroker is his own property or not, or as to his name and address or as to the name and address of the owner of the article; or | | (c) | not being entitled to redeem and not having any colour of title by law to redeem a pledge, attempts or endeavours to redeem the property, |
| shall be guilty of an offence. |
| (2) In every such case, and also in any case where, on an article being offered in pawn to a pawnbroker he reasonably suspects that it has been stolen or otherwise illegally or clandestinely obtained, the pawnbroker may seize and detain the person and the article, or either of them and shall deliver the person and the article or either of them, as the case may be, as soon as possible into the custody of a police officer, who shall as soon as possible convey the person, if so detained, before a Magistrate, to be dealt with according to law. [7/77] [33 |
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| Person in possession of pawn ticket presumed to have been in possession of article pawned |
| 36. Any person found in possession of a pawn ticket shall, until he satisfies the court to the contrary, be presumed to have been in possession of the pawned article to which the pawn ticket refers. [34 |
| Duty of pawnbroker on offer of pledges or redemption under suspicious circumstances |
37.—(1) If any person, under suspicious circumstances, offers any article in pawn to a pawnbroker, or, without having any colour of title by law to redeem a pledge, attempts to redeem it, and the pawnbroker has reason to suspect such want of title, the pawnbroker shall inquire of the person how he came by the article or the pawn ticket, as the case may be.| (2) If the person is not able or refuses to give a satisfactory account of himself or of the means by which he became possessed of the article or pawn ticket, or wilfully gives any false information concerning the article or pawn ticket, or as to his name or address or as to the name or place of abode of the owner of the article, or if there is any other reason to suspect that the article or pawn ticket have been stolen or otherwise illegally or clandestinely obtained, the pawnbroker may seize and detain the person offering the article or pawn ticket, and shall deliver him with the article or pawn ticket into the custody of a police officer. [35 |
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| Prohibition as to taking in pawn linen, apparel, unfinished goods, etc., in certain cases |
| 38. Any pawnbroker who knowingly takes in pawn any linen or apparel or unfinished goods or materials entrusted to any person to wash, scour, iron, mend, manufacture, work up, finish or make up, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000; and shall likewise restore the pledge to the owner thereof in the presence of the court or as the court directs. [7/77] [36 |
| Search warrant for linen, etc., unlawfully pawned |
39.—(1) If the owner of any linen or apparel or unfinished goods or materials entrusted to any person as aforesaid and unlawfully pawned with a pawnbroker, or the owner of any other article unlawfully pawned with the pawnbroker, the last-mentioned owner having on oath satisfied a Magistrate’s Court that his goods have been unlawfully obtained, taken or withheld from him, makes out on oath before a Magistrate’s Court that there is good cause to suspect that a pawnbroker has taken in pawn the linen, apparel, goods, materials or articles aforesaid without the privity or authority of the owner, and makes appear to the satisfaction of the Magistrate’s Court probable grounds for such suspicion, the Magistrate’s Court may issue a warrant for searching, within the hours of business, the shop of the pawnbroker.| (2) If the pawnbroker, on request by a police officer authorised by the warrant to make the search, refuses to open the shop or permit it to be searched, a police officer may break it open within the hours of business and search as he thinks fit therein for the linen, apparel, goods, materials or articles aforesaid, doing no wilful damage, and if any pawnbroker or other person opposes or hinders the search, he shall be guilty of an offence. |
| (3) If on the search any linen, apparel, goods, materials or articles aforesaid is or are found and the property of the owner thereof is made out to the satisfaction of a Magistrate’s Court, the Court shall cause the same forthwith to be restored to the owner thereof. [37 |
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