Delivery up of pledge
26. The holder for the time being of a pawn ticket shall be presumed to be the person entitled to redeem the pledge, and, subject to this Act, the pawnbroker shall accordingly, on payment of the loan and profit, deliver the pledge to the person producing the pawn ticket, and the pawnbroker is hereby indemnified for so doing.
27. A pawnbroker shall not, except as in this Act provided, be bound to deliver back a pledge unless the pawn ticket for it is delivered to him.
28. Where a pledge is destroyed or damaged by or in consequence of fire or lost, the pawnbroker shall nevertheless be liable, on application within the period during which the pledge would have been redeemable, to pay the value of the pledge after deducting the amount of the loan and profit, such value to be assumed to be one-half more than the amount of the loan.
—(1) If a person entitled and offering to redeem a pledge shows, to the satisfaction of a Magistrate’s Court, that the pledge has become or has been rendered of less value than it was at the time of the pawning thereof by or through the default or neglect or wilful misbehaviour of the pawnbroker, the Court may, if it thinks fit, award a reasonable compensation to the owner of the pledge in respect of the damage, and the amount awarded shall be deducted from the amount payable to the pawnbroker or shall be paid by the pawnbroker, as the case may require, in such manner as the Court directs, except that no suit shall thereafter be brought by the owner in any civil court in respect of the same matter.
(2) When a pawnbroker has been directed to pay a sum of money to the owner of a pledge under this section, the sum so directed to be paid shall be recoverable as a fine.
—(1) This section shall have effect for the protection of owners of articles pawned and of pawners not having their pawn tickets to produce.
(2) Any person claiming to be the owner of a pledge but not holding the pawn ticket, or any person claiming to be entitled to hold a pawn ticket but alleging that the pawn ticket has been lost, mislaid, destroyed or stolen or fraudulently obtained from him, may apply to the pawnbroker for a printed form of declaration, which the pawnbroker shall deliver to him upon receipt of the charge specified in the Second Schedule.
(3) The printed form of declaration referred to in subsection (2) shall contain sufficient particulars of the pawn, including a description of the pledge, the date it was pawned, the pledge number or the lost pawn ticket number so as to enable the pawner to make a declaration before a person authorised to administer oaths or a notary public.
(4) If the applicant delivers back to the pawnbroker the declaration duly made before a person authorised to administer oaths or a notary public by the applicant, the applicant shall thereupon have as between him and the pawnbroker all the same rights and remedies as if he 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 pawnbroker.
(5) The pawnbroker is hereby indemnified for not delivering the pledge to any person until the expiration of the period aforesaid.
(6) The pawnbroker is hereby further indemnified for delivering the pledge or otherwise acting in conformity with the declaration, unless he has actual or constructive notice that the declaration is fraudulent or is false in any material particular.
(7) Declarations under this section may be in Form 1 or 2 set out in the First Schedule, as the nature of the case requires.
(8) Every declaration under this section shall be deemed to be a declaration within the meaning of sections 199 and 200 of the Penal Code [Cap. 224].
(9) The Minister may, by order published in the Gazette, amend, add to or revoke the whole or any part of the First Schedule.
—(1) In each of the following cases:
if any person is convicted under this Act before a Magistrate’s Court of knowingly and designedly pawning 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.
if any person is convicted in any court of any offence against property which offence is defined or dealt with by any of the provisions of sections 378 to 420, both inclusive, of the Penal Code [Cap. 224], and it appears to the Magistrate’s Court or other court that the property has been pawned with a pawnbroker; or
if in any proceedings before a Magistrate’s Court or other court it appears to the court that any goods and chattels brought before the court have been unlawfully pawned with a pawnbroker,
the court, on proof of the ownership of the goods and chattels, may, if it thinks fit, order the delivery thereof to the owner, either on payment to the pawnbroker of the amount of the loan or any part thereof, or without payment thereof or of any part thereof, as to the court, according to the conduct of the owner and the other circumstances of the case, seems just and fitting.
(2) The court may also adjourn the proceedings for the attendance of the pawnbroker, and may summon the pawnbroker to attend at the adjourned hearing, and if, after hearing the pawnbroker, the court is of opinion that the pawnbroker has not exercised due care in taking in pawn any stolen property, the court may order the pawnbroker to pay a fine not exceeding $2,000.
32. Any pawnbroker who without reasonable excuse, the proof whereof shall lie on him, refuses or neglects to deliver a pledge to the person entitled to have delivery thereof shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and the court may, with or without imposing a fine, order the delivery of the pledge on payment of the amount of the loan and profit.