108. No pawnbroker need return the articles pawned, unless the pawner returns him the memorandum. However, if such memorandum have been lost, destroyed or stolen from the pawner, or fraudulently obtained from him the pawnbroker shall give to the person who claims to be the owner a copy of the memorandum, with draft of an affidavit of the circumstances which are stated to him, which affidavit shall be sworn to by the alleged owner before a justice of the peace.
R. S. 1964, c. 79, s. 115.