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Section 18 specifies the conditions under xvhich
appropriations of payment by an owner in respect of
hire-purchase agreements may be made.
Under section 19 in an action commenced after the
commencement of this Act by the owner of goods
let under a hire-purchase agreement to enforce a
right to recover possession of the goods from the
hirer—or to enforce payment of a sum due under the
hire-purchase agreement or under
any
contract of
guarantee relating thereto—
(a)
the Circuit Court shall have jurisdiction where
. the hire-purchase price or the amount claimed
does not exceed £1,000,
(b)
the District Court shall have jurisdiction where
the hire-purchase price or the amount claimed
does not exceed £100.
Notwithstanding
the Courts of Justice Acts
proceedings in the District Court must be instituted
in the district in which the defendant or one, at least,
of the defendants ordinarily resides or carries on any
profession, business or occupation in the State.
By section 20 the term " hire-purchase " is more
extensively defined than hitherto.
By section 21 a copy of the note or memorandum
of hire-purchase and credit-sale agreement must be
sent to the hirer within fourteen days of signature.
By section 23 a hirer may not determine a hire
purchase agreement made after the commencement
of this Act in respect of plant or machinery (other
than mechanically propelled vehicles) which
is
intended for use in an industrial process and the
cash price of which exceeds two hundred pounds.
Under section 24 owners and sellers must supply
relevant documents and information to the hirer
within seven days of receiving a request for them.
By section 26 the jurisdiction of the High Court
to remit or transfer actions under section 25 of the
Courts of Justice Act, 1924, may in relation to an
action pending in the High Court by the owner of
goods let under a hire-purchase agreement—
(a)
to enforce a right to recover possession of the
goods from the hirer, or
(b)
to enforce payment of a sum due under the
hire-purchase agreement or under any contract
of guarantee relating thereto,
at any time before judgment is given in the action,
be exercised by the High Court of its own motion
and without application in that behalf having been
made to it by any party to the action. This shall not
be done unless the plaintiff consents thereto or the
defendant satisfies the Court that he has a good
defence to the action.
By section 27 notwithstanding anything contained
in rules of court, in an action in the High Court or
the Circuit Court commenced after the commence
ment of this Act by the owner of goods let under a
hire-purchase agreement claiming, whether solely
or together with any other claim, the enforcement
of a right to recover possession of the goods from
the hirer, judgement may be obtained only from a
Judge or, where appropriate, from the Master of the
High Court.
By section 28 where the hirer of goods of any
class Or description is a dealer in goods of that class
or description and sells the goods of which he is the
hirer when ostensibly acting in the ordinary course
of his business as such dealer, the sale shall be as
valid as if he were expressly authorised by the owner
to make the sale, provided that the buyer acts in
good faith and has not at the time of the sale notice
that the hirer has not authority to make the sale.
DECISIONS OF PROFESSIONAL
INTEREST
District Court Summons.
State (Cunningham)
v.
District Justice O'Flynn—
29th January, 1960.
The Supreme Court, per
O'Dalaigh, J., held
that,
in a District Court
summons, it is henceforth necessary to state'not
merely the Act, and the section of an Act, under
which proceedings are instituted, but also that the
nature of the offence committed should be set out
in full detail. Consequently a summons charging a
person with an offence " as by law and statute
provided " is invalid, and is bad on its face.
Customs offences triable summarily
Melling
v.
O'Mahony—April, 1960. McLoughlin
J., held that offences under the Customs Consolida
tion Acts allegedly committed by the plaintiff were
not criminal offences involving trial by jury, and
even if they were criminal offences
they were
minor offences which could be tried summarily in
the District Court. It is understood that an appeal
to the Supreme Court is pending.
Con. mission.
Transaction effected by transfer of shares.
In
Keningtons
v.
Nicholson's Executors (1959) 175
E.G. 101, Barry, J., held that, where four hotels
were sold for a consideration of a transfer of shares,
estate agents were entitled to commission calculated
upon the value of the shares.
Cor/.tpanj L,an>.
Shares—dissentient shareholders, acquisi
tion of shares of.
In the ordinary case of an offer under s. 209 of the
Companies Act, 1948, where the 90 per cent,
majority who accept the offer are unconnected with
the persons who are concerned with making the
offer, the court pays the greatest attention to the
views of that majority ; but where the persons who
are in fact putting forward the offer are the only two
18