Section 25Part 6 — Delivery up of Pledge
Protection of owners and of pawners not having pawn-tickets
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The following shall have effect for the protection of owners of articles pawned, and of pawners not having their pawn-tickets to produce —
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 same has been lost, mislaid, destroyed, stolen, fraudulently obtained from him, may apply to the pawnbroker for a printed form of declaration, which the pawnbroker shall deliver to him;
if the applicant delivers back to the pawnbroker the declaration duly made before a Judge by the applicant, and by a person identifying him, 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 the third day after the day on which the form is delivered to the applicant by the pawnbroker (exclusive of a day or days on which the pawnbroker is prohibited from carrying on business);
the pawnbroker is hereby indemnified for not delivering the pledge to any person until the expiration of the period aforesaid; and
the pawnbroker is further hereby 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.
Whoever makes a declaration under this Law, either as an applicant or as identifying an applicant, knowing the same to be false in any material particular, is guilty of a misdemeanour, and liable to the punishment attaching by law to perjury.
Defined Terms
declaration