S.I. No. 214/1963 - District Court (Hire-Purchase) Rules, 1963

S.I. No. 214 of 1963.

DISTRICT COURT (HIRE-PURCHASE) RULES, 1963

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 48 of the Courts (Supplemental Provisions) Act, 1961 , and with the concurrence of the Minister for Justice do hereby make the following rules:—

1. These Rules may be cited as The District Court (Hire-Purchase) Rules, 1963.

2. These Rules shall come into operation on the 2nd day of March, 1964, and shall be read together with the Principal Rules and all other District Court Rules for the time being in force.

3. In these Rules "the Principal Rules" means the District Court Rules, 1948 ( S.R. & O. No. 431 of 1947 ).

4.—(1) A Civil Process by the owner of goods let under a hire-purchase agreement to recover possession of the goods solely, or together with any other claim, or any contract of guarantee relating thereto, shall contain a statement that the provisions of section 3 of the Hire-Purchase Act, 1946 , as amended, were complied with in respect of the transaction.

(2) Where the plaintiff in a Civil Process was not the owner of the goods at the date of the hire-purchase agreement it shall not be necessary to make the person who was then the owner of the goods a party to the action.

5. The Civil Process in cases mentioned in Rule 4 (1) hereof shall be in accordance with either Form 1 or Form 2 in the Schedule hereto with such modifications as may be necessary and the decree in such cases shall be in accordance with either Form 3 or Form 4 in the Schedule hereto with such modifications as may be necessary.

Dated this 31st day of October, 1963.

I concur in the making of the foregoing Rules.

Dated this 31st day of October, 1963.

CHARLES J. HAUGHEY

Minister for Justice.

SCHEDULE

General heading to be used for all forms:—

THE DISTRICT COURT

1. By hire-purchase agreement in writing dated day of 19 and made between (a)  the Plaintiff of the one part and the *(first named Defendant of the other part certain goods namely:—

were let to the said * (first named) Defendant by way of hire-purchase at the hire-purchase price of £ payable as follows:—

*2. By a further agreement in writing dated  day of  19 and made between the Plaintiff of the one part and the second named Defendant of the other part the said second named Defendant guaranteed the due and punctual payment by the said first named Defendant of all sums due by him under the said hire-purchase agreement and agreed to indemnify the owner of the said goods against failure of the said first named Defendant to make the payments aforesaid.

3. The Defendant(s) ordinarily resides or carries on a profession, business or occupation at which is situate in said District Court Area.

4. The Plaintiff is the owner of the said goods.

5. The provisions of section 3 of the Hire-Purchase Act, 1946 , as amended, were complied with in respect of the said transaction(s).

6. (Set out the facts showing Plaintiff's right to immediate possession of the goods, and that the first named Defendant detains same.)

*7. There is due and owing to the Plaintiff on foot of the said hire-purchase agreement the sum of £

*Delete where inapplicable.

(Particulars)

*Delete where inapplicable

The Defendant(s) *(and each of them) is/are therefore hereby required personally to appear at the sitting of the District Court for the hearing of Civil Proceedings to be held at    in the Court Area and District aforesaid at  o'clock in the noon on the day of  19 to answer the Plaintiff's claim against the *(first named) Defendant for recovery of possession of the said goods so detained by him as aforesaid and against *(both) Defendant(s) for the said sum of £ .

Dated this  day of  19.

      Signed............................................................ ...........

Plaintiff or Solicitor for Plaintiff

of

Costs £  if paid before entry.

Costs £  if paid after entry.

NOTE:—If the Defendant wishes to defend this process, he should detach the forms of Notice of Intention to Defend at the foot hereof and having completed same, give or send one such form to the Clerk of the District Court at the above-mentioned place, four days at least before the date of hearing and send the other such form to the Plaintiff or his Solicitor.

The Defendant intends to defend this Process for hearing at

on the  day of 19 .

Dated this day of  19 .

    Signed............................................................ .........

Defendant or Solicitor for Defendant

of

To the Clerk of the District Court at 

The Defendant intends to defend this Process for hearing at

on the   day of  19

Dated this  day of  19

    Signed............................................................ ..........

Defendant or Solicitor for Defendant

of

To the Plaintiff or Plaintiff's Solicitor

of

1. By hire-purchase agreement in writing dated  day of 19and made between(a)        of the one part and the †(first named) Defendant of the other part certain goods namely :—

were let to the said †(first named) Defendant by way of hire-purchase at the hire-purchase price of £ payable as follows:—

*2. By a further agreement in writing dated day of  19 and made between (a)        of the one part and the second named Defendant of the other part the said second named Defendant guaranteed the due and punctual payment by the said first named Defendant of all sums due by him under the said hire-purchase agreement and agreed to indemnify the owner of the said goods against failure of the said first named Defendant to make the payments aforesaid.

3. By assignment dated the day of  19the said (a)  assigned his/her/their interest in the said hire-purchase agreement †(and guarantee and/or indemnity) to the Plaintiff. By notice dated the  day of  19 the said Defendants) was notified of the said assignment.

4. The Plaintiff is the owner of the said goods.

5. The provisions of section 3 of the Hire-Purchase Act, 1946 , as amended, were complied with in respect of the said transaction(s).

6. (Set out the facts showing Plaintiff's right to immediate possession of the goods and that the said first named Defendant detains same.)

†7. There is due and owing to the Plaintiff on foot of the said hire-purchase agreement the sum of £

(a) Original owner.

†Delete where inapplicable.

(Particulars)

†Delete where inapplicable.

The Defendant(s) †(and each of them) is/are therefore hereby required personally to appear at the sitting of the District Court for the hearing of Civil Proceedings to be held at   in the Court Area and District aforesaid at o'clock in the noon on the day of 19to answer the Plaintiff's claim against the † (first named) Defendant for recovery of possession of the said goods so detained by him as aforesaid and against † (both) Defendant(s) for the said sum of £

Dated this  day of  19 .

Signed ..................................

Plaintiff or Solicitor for Plaintiff

of

Costs £  if paid before entry.

Costs £  if paid after entry.

NOTE:—If the Defendant wishes to defend this Process, he should detach the forms of Notice of Intention to Defend at the foot hereof and having completed same, give or send one such form to the Clerk of the District Court at the above-mentioned place, four days at least before the date of hearing and send the other such form to the Plaintiff or his Solicitor.

NOTICES OF INTENTION TO DEFEND as set out in Form 1 to be added.

IT APPEARING TO THE COURT that the Plaintiff caused a civil process to be brought at the sitting of the said Court for the hearing of Civil Proceedings held at     on the day of  19 against † (first named) Defendant for the recovery of certain goods namely:—

†Delete where inapplicable.

and against —(both) Defendant(s) for the sum of £  due by the † (first named) Defendant under a hire-purchase agreement in writing dated day of 19 made between (a) the Plaintiff of the one part and the †(first named) Defendant of the other part,  † (and due by the second named Defendant on foot of a contract of guarantee and/or indemnity in writing dated day of 19 and made between the Plaintiff of the one part and the said second named Defendant of the other part):

AND IT FURTHER APPEARING TO THE COURT that the said civil process was duly served on the said Defendant(s)    and that the Plaintiff is entitled to recovery of the said goods as therein claimed and to the said sum of £ as also therein claimed:

IT IS THEREFORE ORDERED AND DECREED BY THE COURT

that the Plaintiff do recover from the † (first named) Defendant the said goods and † (do recover from the Defendants    the said sum of £ ) and the sum of £ for costs and the sum of £  for witnesses' expenses and all Sheriffs and County Registrars are hereby commanded to take the said goods namely:—

†Delete where inapplicable.

from the said † (first named) Defendant and deliver same to the said Plaintiff and are further hereby commanded to take in execution the goods of the Defendants) to satisfy the said † (debt) costs and witnesses' expenses.

Dated at

this day of  19 .

Signed ............................................................ ...........

Justice of the District Court assigned

to the said District

Signed ............................................................ ..........

Plaintiff or Solicitor for Plaintiff

of

(County Registrar's Warrant to be added).

         Defendant(s).

†Delete where inapplicable.

(a) Original owner.

IT APPEARING TO THE COURT that the Plaintiff caused a civil process to be brought at the sitting of the said Court for the hearing of Civil Proceedings held at     on the  day of 19 against † (first named) Defendant for the recovery of certain goods namely:—

and against † (both) Defendants for the sum of £ due by the † (first named) Defendant under a hire-purchase agreement in writing dated  day of  19 made between (a) of the one part and the † (first named) Defendant of the other part,  † (and due by the second named Defendant on foot of a  contract of guarantee and/or indemnity in writing dated day of  19 and made between (a) of the one part and the said second named Defendant of the other part):

by assignment dated day of  19 the said (a)  assigned his/her/their interest in the said hire-purchase agreement and guarantee and/or indemnity to the Plaintiff: by notice dated  day of 19 the Defendant(s) was notified of the said assignment:

AND IT FURTHER APPEARING TO THE COURT that the said civil process was duly served on the said Defendant(s)   and that the Plaintiff is entitled to recovery of the said goods as therein claimed and to the said sum of £ as also therein claimed:

IT IS THEREFORE ORDERED AND DECREED BY THE COURT that the Plaintiff do recover from the £(first named) Defendant the said goods and †(do also recover from the Defendants   the sum of £ ) and the sum of £ for costs and the sum of £ for witnesses' expenses and all Sheriffs and County Registrars are hereby commanded to take the said goods namely:—

from the said †(first named) Defendant and deliver same to the said Plaintiff and are further hereby commanded to take in execution the goods of the Defendant(s) to satisfy the said †(debt) costs and witnesses' expenses.

Dated at

this  day of  19

Signed ............................................................ .....

Justice of the District Court assigned

to said District

     Signed......................................

Plaintiff or Solicitor for Plaintiff

of

(County Registrar's warrant to be added).

EXPLANATORY NOTE

These Rules, which come into operation on the 2nd March, 1964, regulate the practice and procedure of the District Court in relation to proceedings founded on hire-purchase agreements for the recovery of possession of the goods solely or together with any other claim and prescribe forms of civil process and decree relating thereto and in compliance with the provisions of the Hire-Purchase Acts, 1946 and 1960.