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HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 35

35.(1) This section applies to any action brought by the owner to enforce a
right to recover possession of protected goods from the hirer, where the owner
has not previously, in contravention of section 34(1), recovered possession of
part of the goods let under the agreement.

(2) Subject to such exceptions as may be provided for by rules of court, all
the parties to the agreement, and any guarantor, shall be made parties to the
action.

(3) Pending the hearing of the action, the court shall, in addition to any
other powers, have power, on the application of the owner, to make such orders
as the court thinks just for the purpose of protecting the goods from damage
or depreciation, including orders restricting or prohibiting the use of the
goods or giving directions as to their custody.

(4) Subject to the following provisions of this Part, on the hearing of the
action the court may, without prejudice to any other power,

(a)make an order for the specific delivery of all the goods to the owner, or

(b)make an order for the specific delivery of all the goods to the owner and
postpone the operation of the order on condition that the hirer or any
guarantor pays the unpaid balance of the hire-purchase price at such times and
in such amounts as the court, having regard to the means of the hirer and of
any guarantor, thinks just, and subject to the fulfilment by the hirer or a
guarantor of such other conditions as the court thinks just, or

(c)make an order for the specific delivery of a part of the goods to the owner
and for the transfer to the hirer of the owner's title to the remainder of the
goods.

(5) In this Part any reference to an order for the specific delivery of goods
to the owner is a reference to an order for the delivery of those goods to the
owner without giving the hirer an option to pay their value.

(6) In the following provisions of this Part "postponed" means postponed in
pursuance of subsection (4)(b), and any reference to postponement shall be
construed accordingly.

© 1966 Crown Copyright

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