1023
ss. 1,2.
THE HIRE-PURCHASE AGREEMENT ACTS,
1933 TO 1934.
THE HIRE-PURCHASE AGREEMENT ACT OF 1933.
(24 Geo, V. No. 9.)
AS AMENDED BY
The. haw of Distress and Other Acts Amendment Act of 1934
(25 Geo. V. No. 33), s. 26.
A% A c t to Amend the Law relatimg to Hire-purchase Agreements,
and for other purposes.
[Assented to 19th October, 1933.1
1. Short title and commencement.--This Act may be cited as
“The Hire-purchase Agreement A c t of 1933.”
This Act shall come into operation on a date to be proclaimed by
the Governor in Council by Proclamation published in the Gazette,
which date is herein referred to as the commenceinent of this Act.
The Law of Distress and Other Acts Amondment Act of 1934, .y. 36 (title
an amendment t o the definition of "hirepurchase agreement” in S. 2, post, directs that this Act and that Hoetion may bo
colIectively citod as The Hire-purchaso Agrcemont Acts, 1933 t o 1934.
This Act carno into operation on January 1, 1934, by Proclamation
published in the Gazotte of December 16, 1933.
LANDLORD AND TENANT),which effects
.
2. Interpretation.-In
this Act, unless the context otherwise
indicates, the following terms have the meanings respectively assigned
to them, that is to say:(‘Court ”--‘I’he Magistrates Court constituted pursuant to “ T h e
Magutrates Courts A c t of 1921” constituted by a police
magistrate sitting alone, and held nearest t o the residence
of the hirer or as may be prescribed:
The Magistrates Court, constituted by a police magistrate sitting alone, shall have exclusive jurisdiction where
the consideration expressed in the hire-purchase agreement
in respect of the chattel or chattels in question does not
exceed two hundred pounds:
Provided that where such consideration exceeds two
hundred pomds, but does not exceed two thousand five
hundred pounds, either the Supreme Court or Magistrates
Court, constituted as aforesaid, shall have jurisdiction :
Provided, however, that where the consideration
expressed in the hire-purchase agreement shall exceed the
sum of two thousand five hundred pounds the Supreme Court
shall be the court having jurisdiction under this Act, and
this Act shall be read and construed accordingly;
‘‘Goods and chattels”-The
term (‘goods” shall incwde
“chattels,” and the term “chattels” shall include “goodt$” ;
“Hire-purchase agreement ”-A
hire-purchase agreement with
respect to goods or chattels, a’nd includes a letting of goods
or chattels with an option to purchase and an agreement
for the payment of goods or chattels by instalments, whether
mch agreement describes such instalments as rent or hire
or otherwise;
1024
s. 2.
Hire-puJrchase Agreemeqbzts.
[Vol. 111.
[The term also means and includes any agreement for
the hiring of goods and chattels with o r without expressly
giving to the hirer an option of purchase of such goods and
chattels whereby the owner agrees to let to the hirer such
goods and chattels for a defined period as set forth in the
agreement during which period prescribed instalments are
therein payable by the hirer (the total of which including
any deposit amount approximately to the Nalue of the goods
and chattels so hired) and at the termination of which period
such agreement allows the hirer of such goods and chattels
to continue the hiring thereof subject to the payment of a
nominal rent only:
Moreover the term also means and includes any scheme
or device wholly or partly in writing on o r in connection
with the sale or agreement for sale of goods and chattels or
with the intended or future sale thereof which in the opinion
of the Court is intended t o give t o the owner security for
the payment of the purchase-money or any part or instalment thereof and whether referred to as rent or E r e or
otherwise by retaining or attempting to retain the property
in such goods and chattels in the owner until due and full
payment of such purchase-money or part o r instalment
thereof or until any later time:
Provided that the averment in any summons, plaint,
complaint, or other process that any document or Writing is
a hire-purchase agreement shall be conclusive of that fact
unless and until the contrary is proved] ;
“Hirer7’ means the person t o whom a chattel is let or sold under
B hire-purchase agreement :
“Owner’7 means the person letting or selling a chattel to another
under a hire-purchase agreement ;
‘Prescribed”-Prescribed by this Act ;
“ Regulations ”-Regulations
made under the authority of this
Act ;
“Rules of Court”-Rules of Court made under the authority of
this Act ;
“This Act”-This Act and all Rules of Court and regulations
made thereunder.
In the definition of “hire-purchase agreement ” the paragraphs in square
brackets were added by s. 26 (1) of The Lam of Distress and Other Acts
AND TENANT),s. 26 (2) of which
Amendment Act of 1934 (title LANDLORD
brings such ameridment into operation as from the date of the passing of that
Act, December 12, 1934 (Walsh v. Industrial Acceptance Corpn. Ltd., [1936]
St. R. Qd. 275; 30 Q.J.P.R. 131). The amendment applies t o agreements
executed before the amendment came into operation ( I b i d . ) .
‘fCourt’’.-The
Magistrates Courts Act of 1921 is priited under the title
JUSTICES.
Jurisdiction is also conferred on certain Magistrates Courts other than that
,ield nearest t o the residence of the hirer by reg. 1 (pubd. in Qazette of
December 16, 1933), post.
Hire-purchase agreement ’.-See W a l s h v. Industrial Acceptance Corpn.,
supra.
For what constitutes a hire-purchase agreement for general purposes, see
Halsbury% Laws of England (2nd ed.), Vol. 16, p. 506.
1025
Hin+pzcrc;llasc! Agreament Act of 1933.
S.
3,4.
3. Construction of Act.-((1.) This Act shall not bind the Crown.
(2.) Nothing in this Act shall prejudice or in any wise affect “The
Legul Process Restriction A c t o f 1904,” o r “I’he NonezJ Lenders Act
of 1916,” or “The Financial E’nzergency Act of 1931,” or “ T h e Pinancia1 Ernergeizcy Relief Extemion A c t o f 1932, ” or “The Mortgagors
RcZief Acts, 1931 t o 1932,” or any Act amending o r in substitution for
those Acts.
(3.) Subject to this Act, the provisions ,of this Act shall, notwithstanding any law to the contrary, be read and construed as granting
a right in equity t o the hirer in or in respect of the goods and chattels
or the value thereof comprised in the hire-purchase agreement based
on the payments and/or instalments made by the hirer thereunder, and
a right of relief to the hirer in accordance with this Act.
For The Legal Process Restriction Act of 1904, see tho title LANDLORD
ANI)
TENANT.
For The Money Lenders Act of 1916, see the titlc MONEYLENDERS.
For Tho Financial Enicrgeucy Act of 1931 and Thc Financial Emergency
Relief Extension Act of 1932, Bee the title ~’O1IhIONVITLhLTHAND STATES.
For The Mortgagors Rclicf Acts, 1931 to 1933, R C the
~
title MOBMAGEE.
With subs. (5), cf. A. 13, p o s t .
4. (1.) Power of‘ owner on default by hirer.--Subject
always to
the provisions of “The Mor1gagoi.s Relief Acts, 1931 to 1932” (or any
Act amending or in substitution therefor), and to the right of the hirer
to make application t o the court for relief under such Act, if the‘hirer
makes default in the payment of any money due under a hire-purchase
agreement, or in the observance of any covenant or condition o r term
of the agreement, the owner shall, before taking action under his hirepurchase agreement, give t o the hirer not less than fourteen days’
notice in writing of his intention t o take such action. On the expiration
of the time prescribed in such notice the owner may, subject to this
Act, do any one o r more of the followkng things, namely:( a ) Enter upon any land (whether land of the owner or anyone
else), where the chattels comprised in the agreement are, or
where the owner or his agent reasonably suspects they are ;
( b ) Seize and take possession of the chattels;
( c ) Remove the chattels to any place for safety, convenience of
. sale o r re-hiring, or for any other purpose, or suffer them
to remain where they are found;
( d ) Subject as hereinafter provided, sell or re-hire the chattels
either in one or more lots, and at any time or times, and at
any glace o r places, by public auction :
Provided that, if such chattels, when offered by pu lic
auction, cannot be sold at a price being not less than @he
amount owing on them by the hirer under the hire-purchase
aFeement, together with the expenses incurred in connection
with such sale, sell or re-hire them as aforesaid by private
contract ;
s3
1026
S.
4.
(e) Supply to the hirer a statement setting out his detailed valuation of the chattels comprised in the agreement, of which he
has re-taken possession, and at the same time tender to the
hirer the amount (if any) due to him (after payment of
expenses) in accordance with such valuation. The hirer, if
he is dissatisfied with such valuation, may appeal to the
court as provided in subsection eight hereof;
( f ) Make any reasonable terms and conditions of the sale o r
re-hiring ;
( 9 ) Rescind or vary any contract for the sale or re-hiring of the
chattels, and again sell or re-hire the chattels;
( h ) Execute any contract or other instrument necessary for the
exercise of any of the powers aforesaid.
(2.) Hirer may tender amount owing, &c., to owner.-Notice of
intended sale or re-hiring as aforesaid shall be given by the owner to
the hirer at least fourteen days before the date fixed for such sale o r
re-hiring.
A t any time during the period between the notice to the hirer of
intention by the owner under subsection one of this section and the
date of such sale o r re-hiring the hirer, upon payment or tender of the
amount which would have been due under the hire-purchase agreement
at the time of re-delivery to him if there had been no default under
the: hire-pnrchase agreement, and expenses, or upon performance o r
tender of performance of such other condition as may be named in the
hire-purchase agreement as precedent to the passage of the property
in the chattels, or upon the performance or tender of performance of any
other promise for the breach of which the chattels were re-taken, and
upon payment of the expenses of re-taking, keeping, and storage, may
redeem the chattels and become entitled to take possession of them
and/or to continue in the performanee of the hire-purchase agreement
as if no default had occurred.
Notice of intended sale.-A.ny such notice of intended sale ,or
re-hiring shall be given in writing by the owner to the hirer, delivered
either personally or by registered post, directed to the hirer at his last
known place of business or residence.
A notice so posted shall be taken to have been given a t the time
when the registered letter would in the ordinary course be delivered.
(3.) Provisions where fifty per cent. and over of the purchase
price has been paid by the hirer.--Notwithstanding anything to the
contrary above contained, in any case where the hirer has paid a t least
ftfty per centum of the purchase price of the chattels (being more than
one article) m d e r the hire-purchase agreement, or if there is more
than one hire-purchase agreement, under the hire-purchase agreements,
a t the time of receiving notice from the owner as prescribed in subsection one of this section, the owner shall not have the right to re-take
all of such chattels under such hire-purchase agreement or agreements,
but only such of such chattels as shall represent a fair and reasonable
value at the date of re-taking for the amount still owing by the hirer
under the hire-purchase agreement o r agreements, and the balance of
the chattels not so re-taken shall become the property of the hirer.
1027
H ire-purchuse Agreement Act of 1933.
5, 4.
An arrangement may be entered into between the owner and the
hirer as to what chattels such owner may re-take possession of, and as
t o what chattels not so re-taken shall become the property of the hirer,
and in default of any such arrangement the owner or hirer may apply
to the court in the form and within the time prescribed for an order
of the court directing that the owner shall re-take only such of the
chattels as may be prescribed in the order of the court, indicating in
such order what chattels shall become the property of the hirer, which
order the court in its absolute discretion shall have power to make under
the circumstances and as it shall think fit and proper.
(4.) Application of proceeds.-Subject t o this Act, the owner
shall apply the proceeds of any sale or of re-hiring of any chattels
seized under this section as follows:( a ) In payment of any expenses reasonably incurred for the
purpose of making the chattels saleable, and the costs of and
incidental to the re-possession and the re-sale or re-hiring,
including the costs of transporting the chattels t o the
premises of the owner and of insuring the goods, and the
execution of any other powers under subsection one of this
section ;
( b ) In payment of the unpaid halance of the moneys which
would have been payable under the hire-purchase agreement
by the hirer to entitle him to the full ownership of the
chattel ;
( c ) The balance (if any) shall be payable to the hirer of the
chattels.
(5.) Provisions where owner does not sell or re-hire.-If
the
owner who has re-possessed any chattels comprised in a hire-purchase
agreement does not sell or re-hire those chattels within twelve months
after re-possession thereof, he shall be under the same liability to the
hirer as if he had sold the chattels immediately upon the expiration of
the said twelve months, and he shall be deemed t o have received as
proceeds of that sale the sum representing the price which the goods
might reasonably be expected to have realised if they had been made
saleable and sold at that time.
Subsection four of this section shall also be construed t o apply in
every such case accordingly.
( 6 , ) Account to be rendered by owner.-Within twenty-one days
after the sale or re-hiring of any chattels seized under subsection one
of this section, the owner shall render to the hirer an account setting
out the details of the expenses, costs, 2nd payments as prescribed in
paragraphs ( a ) and ( b ) of subsection four of this section, and shall
at the same time remit the balance (if any) of proceeds of such sale
or of re-hiring as 'ascertained in paragraph (c) of the said subsection
t o the hirer of the chattels:
Instalments,-Provided that where the proceeds of such sale or
Pe-hiring are paid t o the owner by way of instalments, such owner
shall from time t o time out of such proceeds remit such proportion of
such proceeds as shall'be paid t o such owner to the hirer, as may be
mutually agreed upon between the owner and the hirer, and, in the
of any dispute, according to the order of the court.
1028
s. 4.
Hire-purchase Bgre emewts.
[Vol. I I I.
(7.) Penalty for neglect t o furnish account or for furnishing fake
account.-If the ,owner or any person acting in his behalf shall refuse
or neglect to render such account and remit the balance (if any), o r
instalment of such balance, as the case may be, of such proceeds of such
sale or re-hiring as aforesaid, or shall wilfully and fraudulently insert
in any such account any statement or figures which is or are false, o r
omit any statement or figures which ought t o be inserted therein, he
shall be guilty of an offence, and shall be liable to a penalty not
exceeding one hundred pounds.
(8.) Hirer may appeal to court.-If the hirer is dissatisfied with
the account, and has failed to arrive at an amicable agreement thereon
with the owner, or in respect of the proportionate payment by instalment of the proceeds of sale or re-hiring as provided in the provkm
to subsection six, he may within twenty-one days, or such extended time
as the court may in its discretion allow, from the receipt of such account
by him lodge the same in the court, together with a request that such
account shall be reviewed by the court.
Any hirer may likewise appeal to the court for an order in respect
of all or any of ’the matters hereinbefore mentioned relating to the
hire-purchase agreement.
(9.) Hearing by court.-The clerk of the court shall have power
to summon the parties t o appear before the court at a time and place
stated in the suininons tt-ith a view to having all questions in issue
between them in relation to the hire-purchase agreement, and/or in
respect of any of the matters hereinbefore mentioned in relation thereto,
settled and decided by the court.
Such summons shall be deemed to be a summons in a personal
action within the meaning of “The Magistrates Courts Act of 1921,”
and the hirer shall be deemed to be the plaintiff and the owner the
defendant, and the relative provisions of the said Act and Rules of
Court made thereunder, together with any modifications o r additions o r
amendments thereto or modifications thereof as may be necessary, shall
apply to the proceedings accordingly; and the court shall have power
to review the said account, or any other matter being the subject of
appeal t o the court, in favour of or against either party and to decide
the questions at issue and to give judgment for either party for such
amount or otherwise make such order as it shall think fair and equitable under the circumstances, and such judgment or order shall be and
be deemed an order of the court and enforceable accordingly.
Without in any wise limiting such power of review, such review
may include the question as to whether the terms and conditions of the
sale o r re-hiring (as set forth in paragraph (f)of snbsection one of this
section), vere fair and reasonable, and as to whether (where the owner
has not sold or re-hired the goods as set forth in subsection five of this
section), the sum representing the price which the goods might
reasonably be expected to have realised, was fair and reasonable:
Provided always that where the court is the Supreme Court under
this Act, the application and hearing shall be made and heard according
to the practice of the court.
1029
.fF&-pzlrchxsc Agreement Act of 1933.
ss. 4,5+
(10.) Application of section.-This section shall apply in respect
of every default made after the commencement of this Act under m y
hire-purchase agreement, whether entered into before o r after the commencement of this Act, and this section shall have retrospective operation
accordingly.
For The Mortgagors Relief Acts, 1931 to 1932, see the title MORTOAOES.
With the second paragraph of subs. ( 9 ) , cf. S. 31, post. For The
Magistrates Courts Act of 1921 and The Magistrates Courts Rules, 1922, see the
title JnSmcEs. The practice on applications to a Magistrates Court or the
Supreme Court is also regulated by the regulations made under this Act (pubd.
in Gazotte of December 16, 1933), post.
For further powers o f a Court in any proceedings under this Act, see s. 13,
post. As to costs, see 8. 19, post. A Court has no power to make an order
which permits a hirer of a re-possessed chattel to redeem such chattel on terms
more favourable than those provided by subs. ( 2 ) ( E . G. Eager & Sons L t d .
v. Grunt, [1938] St. R. Qd. 13; 32 Q.J.P.R. 6 ) .
This section does not require notice of action to be given before suing for
rent (Walsh v. Industrial Acceptance Corpn., [1936] St. R. Qd. 275; 30 Q.J.P.R.
131).
A retaking of possession without the notice required by this section must
be treated in law as completely unlawful and will not preveut the interest of
the hirer in the goods from passing to his trustcc in bankruptcy under the
Commonwealth Bankruptcy Act 1924-1933, S. 91 (iv). See Lazore?ice v. Kcenan,
(1935), 53 C.L.R. 1.53.
The requircmcnt of notico N
i not wvnivcd by a surrcndcr of the goods or
chattels by tho liircr undor tho miaapprohonsion that he had no alternative. Sce
ibid. As t o the effect of nbnndonmcnt of a n article thc subject of a hirepurchase agroeiiicnt, see TnTIar v. OUJPTM,[1937] Q.W.N. 3 ; 30 Q.J.P.R. 143.
It appears that where instalments for default in payment of which notice
has been given under sube. (1) are subsequently paid, such notice will not found
proceedings under subs. (1) where there is a further default. See Walsh. v.
industrid Acceptance Corpn., supra.
As t o the effect on the validity of an intimation therein that certain action
not of a kind authorised by this section is intended, see Walsh v. Ivdzlstrial
Acceptance Corpn., szipra.
For the rights of an owner at common lam, see Halsbury’s Laws of England
(2nd ea.), Vol. 16, p. 526.
5. Special oases before commencement of this Act.-Where with
respect to any hire-purchase agreement to which this Act applies, an
owner has since the first day of September, one thousand nine hundred
and thirty-three, exercised against the hirer such powers and done such
acts which, if this Act were in operation as from such date, would be
contrary to its provisions, the hirer may apply to the court for an order
setting aside the exercise of such powers o r the doing of such acts, and
reinstating the parties as nearly as may be in their former positions,
and the granting t o the hirer the relief under this Act as if the exercise
of the power or the doing of such act had not been exercised or done.
At any application the court, after taking all the matters referred
to in sections three and four of this Act and t o a l l other relevant considerations, may in its discretion grant such relief to the hirer as it shall
deem fit and proper under the circumstances, or it may refuse any such
application ; and all the powers, authorities, and jurisdiction of the
court under this Act shall, mutatis mutandis, apply and extend
accordingly :
1030
ss. 5-10.
Hiye-purchase Agreements.
[Vol. 111.
Provided that no application to the court under this section shall
be heard by the court unless the application is made within two months
from the commencement of this Act.
For what are hire-purchafie agreements within the meaning of this Act, see
s. 2, ante.
As to commencement of this Act, see s. 1, ante, and note thereto.
6. Contracting-out.-Every
agreement or term ,of an agreement
entered into after the commencement of this Act whereby any person
agrees that this Act o r any provision hereof shall not apply to any
transaction shall be void for all purposes.
7. Responsibility for agents’ statement not t o be negatived.-In
respect to any legal proceedings taken within twelve months of the date
of entering into a hire-purchase agreement any statement contained
in such agreement (whether entered into before or after the commencement of this Act), to the effect that the owner .is not responsible for
any representations, promises, or terms made or held out by any agent,
representative, or servant of the owner shall be void and of no effect.
8. Liability for fraud, &c.-No term of any agreement (whether
entered into before or after the commencement of this Act), shall prevent a hirer from claiming or being awarded damages or any other
relief for fraud or misrepresentation of the owner or any person acting
or purporting to act on behalf of the owner in connection with any
transaction of hire-purchase.
9. Hire-purchase agreement t o be in dting.-It shall be the duty
of every owner under a hire-purchase agreement t o have the agreement
forthwith reduced into writing and to hand a copy of such agreement
t o the hirer; and the word “writing” in this section shall be deemed
t o inclnde such printing (or typewriting) only as is in type not smaller
than ten points face.
Any owner who neglects or fails or refuses to comply with the
provisions of this section shall be guilty of an offence against this Act,
and shall be liable to a penalty not exceeding fifty pounds.
IO, Provisions for terminating agreement in banlorupby void.Every agreement (whether a hire-purchase agreement or some separate
agreement), and every term of any such agreement whereby i) is provided that any hire-purchase agreement shall terminate o r may be
terminated, or that the chattels therein comprised shall o r may be
re-possessed, or.that any rights of the hirer shall terminate if the hirer
becomes bankrupt o r commits an act of bankruptcy or executes a deed
of assignment or a deed of arrangement (whether all or any of these
events are named), shall to the extent to which it so provides be void.
If the hiring is expressed to continue until the happening of any
such event as aforesaid, it shall be deemed to be a hiring continuing
for the period f o r which it would continue apart from the said provision.
Goods hired under a valid contract of letting and hiring are not property
o f a bankrupt hirer divisible among his creditors except t o the estent of the
claim or right of the bankrupt existing under the agreement at the date of the
sequestration order and upon his trustee discharging or offering to discharge
any legal liability with respect thereto (Bankruptcy Act 1924-1933, 8. 91 (e),
(ir) (Commonwealth) ; Lawrence v. Keenan (1935), 53 C.L.R. 153). See also,
as to the effect of bankruptcy of a hirer, Ralsbury’s Laws of England (2nd
ea.), Vol. 16, p. 532.
.
1031
Hire-purchase Agreemend Act of 1.933. ss. 11-1y8
. 11. Penalty for fraudulent disposition of goocls.-If any person
unlawfully conceals, sells, pawns, or disposes of any chattels comprised
in a hire-purchase agreement with an intent t o deprive the owner
thereof of his ownership or possession or right to possession, or obstructs
the owner or his servant or agent in exercising any right of such o m e r
under this Act of re-possession7he shall be guilty of an offence, and on
conviction shall be liable to a penalty not exceeding one hundred pounds
or to imprisonment for any term not exceeding six months.
12. Saving of “The Criminal Code.”-Nothing in this Act shall
prejudice or in any wise affect the provisions of “The Crimiiial Code.”
The Criminal Code (1899) is printed under the title CRIMINAL LAW.
13. Further powers of court.-In any proceedings taken in any
court under this Act, the court, in addition to its powers under this
Act, shall have and may exercise, in the course of any such proceedings,
all or any of its powers under “The Money Lenders Act of 1916,” o r
“The Nortgagors Belief Act of 1931,” or “The Financial EmergelzczJ
Act of 1931,” or “The Financial Emergc?zcy Relie! Extension Act of
1932,” or any Act amending or in substitut,ion for such Acts.
Cf. s. 3 (2), ante.
Scc Tho Money Lenders Act of 1916, RH. 4, 5 , toitloMONEY LENDERS; The
MortgngorN Rcliof Act of 1931, 8s. 6-8, 12-14, title MORTGAGES; The Financial
Emcrgcncy Act o f 1931, Pnrt VI, rind Tho Financial Emergency Relief
Extcnsion Act of 1932, S. 34, title COMMONWEALIIFI AND STATES.
Under this section a Court can only exercise power to make such orders as
it could do on an ap lication made under the Acts mentioned (E. G. Eager 4
Sons Ltd. v. Grant, fig381 Bt. R. &d. 13; 32 Q.J.P.R. 6).
14,Service of notices, &c.-The practice of the court as t o time,
place, and method of service and otherwise shall apply t o the service
of any notice under this Act.
See reg. 4 (pubd. in Gazette of Dec. 16, 1933), p o s t : R.X.C. (1900),
Ord. 10, rr. 1 et seq., title PBACTWE;
The Magistrates Courts Rules, 1932, rr. 50,
53 et seq., title JUSTICES.
16. Application in ca,mera.-Any application made under this
Act shall be heard by the court in camera, unless in any partiedar
case the court decides in its discretion that the matter should be heard
in open court.
16. NO appeal.-Subject as hereinafter mentipned any order of
the court made or purporting to have b6en made under the provisions
of this Act shall be final and conclusive and without appeal, and no writ
of prohibition or certioram’ shall lie in respect thereof:
Provided that in connection with any hire-purchase agreement,
where the purchase price exceeds one hundred pounds, an appeal shall
lie and shall be deemed to be an appeal under the provisions of “The
Magistmtes Courts Act of 1921,” and the provisions of such lastmentioned Act, shall, mutatis mzrta?idis, apply and extend accordingly.
For the right of appeal under The Magistrates Courts Act of 1921, see
ibid., S. 11, title JUSTICES.
17. Effect of order.-An order made by the court pursuant t o
this Act shall have authority and effect as an order of the court, and
shall be obeyed by all persons concerned:
1032
ss. 17-22.
[Vol. 111.
Eire-purchusc Agreewmts.
Provided that in any case where the hirer to whom a n order has
been granted by the caurt neglects o r contravenes o r fails to comply
with the provisions thereof, it shall be competent for the owner to apply
to the court for a cancellation or review thereof,*and the court on such
application may make such order as it shall deem fit and proper.
18. Recovery of pendties,-Any penalty incurred for a breach of
or non-compliance with any of the provisions of this Act may be
recovered in a summary manner by complaint under “ T h e Justices
Acts, 1886 fo 1932.”
The Justices Acts, 1886 to 1932, are printed under the title JUSTICES.
19. Costs.-The costs of any application under this Act shall be
in the absolute discretion of the court.
20. Regulations.-The
Governor in Csouncil may from time t o
time make regulations prescribing the forms t o be used and the procedure to be followed under this Act, and all such other matters and things
a8 may be necessary o r convenient for giving full effect to the provisions
of this Act and for the due administration thereof, and where there
may be in this Act no provision or no sufficient provision in respect of
any iiiatter or thing adequate, necessary, or expedient t o give effect
to this Act, providing for and supplying such omission or insdciency.
Such regulations shall be published in the Buzette, and forthwith
upon such publication shall be read and construed as one with this
Act, and shall be judicially noticed, and shall not be questioned in any
proceedings whatsoever.
Such regulations may be made on the passing of this Act.
All such regulations shall be laid before the Legislative Assembly
within fourteen days after such publication, if the Legislative Assembly
is in session; or if not, then within fourteen days after the commencement of the nest session thereof.
For regulations made under this Act,
8 e
this title,
PO$.
21. Application of Magistrates Courts A&-Subject to this Act,
the provisions of “The Bagktru$es Cossncfs Act of 1921’’ and Edes of
Court made therennder shall, 50 far ES the same are appktble, apply
and extend in respect of any matter or thing nnder this Act where Such
Magistrates Court has jurisdiction under this Act, and the power m d
authority to make Rules of Court under such Act shall apply and
estend for the purposes of this Act.
Cf.the effect-of the s e c o h paragraph of s. 4 (9), ante. The Magistrates
Courts Act of 1921 and The Magistrates Courts Rules, 1922, are printed under
the title JUSTICES.
.
22. Application of “The Supreme Court Act of 1921.”-T- any
case where the Supreme Court is the court having jurisdiction under
this Act, the provisions of “The Sztpreme C o w t A c t of 1921” and the
Rules of Court thereunder shall, so far as the same are applicable,
apply and extend in respect of any matter or thing under this Act, and
the power and authority t o make Rules of Court under such Act shall
apply and extend for the purposes of this Act, and this Act shall be
read and construed accordingly.
For The Supreme Court Act of 1921, see the title SUPREME COURT,‘ T l i ~
power to make rules of court is contained in s. 11 thereof. As t o proceedings
in the Supreme Court, see reg. 4 (pubd. in Gazette of Dee. 16, 1933), post.