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Delivery to owner of property unlawfully pawned.
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26.—(1) Where—
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(a) any person is convicted under this Act by any court of knowingly and wrongfully pawning with a pawnbroker any goods or chattels belonging to another person, or
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(b) any person is convicted of stealing or of obtaining by means of fraud any goods or chattels and it appears to the court that the goods or chattels have been pawned with a pawnbroker, or
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(c) it appears to a court in the course of any proceedings that any goods or chattels before it have been unlawfully pawned with a pawnbroker,
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the court, upon proof of the ownership of the goods or chattels may, in its discretion, order the delivery thereof to the owner, either with or without payment by him to the pawnbroker of the whole or part of the amount of the loan obtained by virtue of the pawning.
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(2) Before making an order under subsection (1) of this section, the court shall have regard to any failure on the part of the owner of the goods or chattels to exercise reasonable care in the protection of his property, except to the extent that the pawnbroker has been unjustly enriched.
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