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Successive agreements. 49.(1) Where goods have been let under a hire-purchase agreement, or have been agreed to be sold under a conditional sale agreement, and the owner or seller brings an action to enforce a right to recover possession of the goods from the hirer or buyer, and either (a)the action is one to which section 35 applies, or (b)the action is brought before one-third of the hire-purchase price or total purchase price has been paid (whether in pursuance of a judgment or otherwise) or tendered by or on behalf of the hirer or buyer or any guarantor, (2) Where an action such as is described in subsection (1) is brought in the county court and the owner claims any sums due under the hire-purchase agreement or conditional sale agreement or under a contract of guarantee relating thereto, the county court shall have jurisdiction to hear and determine the action as well in relation to that claim as in relation to the claim to enforce such a right as is mentioned in subsection (1), if apart from this section the county court would not have jurisdiction to do so. (3) Subsection (2) shall have effect without prejudice to the operation of sections 41 to 44. (4) Any reference in this section to section 35 or sections 41 to 44 shall be construed as including a reference to that section, or those sections, as the case may be, as applied by section 45 to conditional sale agreements.
© 1966 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/hai1966300/s49.html