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Action by owner to recover possession of protected goods from hirer. 36.(1) The operation of an order for the specific delivery of goods to the owner shall not be postponed unless the hirer satisfies the court that the goods are in his possession or control at the time when the order is made. (2) If in an action to which section 35 applies an offer as to conditions for the postponement of the operation of an order is made by the hirer, and accepted by the owner, in accordance with rules of court, the court (subject to subsection (3)) may thereupon make the order, and postpone its operation, in accordance with the offer without hearing evidence as to any of the matters mentioned in section 35(4)(b) and in subsection (1) of this section. (3) Where a guarantor is a party to the action, an order shall not be made in pursuance of subsection (2) before the date fixed for the hearing of the action.
© 1966 Crown Copyright
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