24Magistrates' Courts to determine disputes

24 Magistrates' Courts to determine disputes S. 24(1) amended by No. 54/1989 s. 35(7)(a). (1) A person claiming to be entitled to the possession of goods in the possession or under the control ofa second-hand dealer or pawnbroker, being second-hand goods or goods in pawn, may apply to the Magistrates' Court for an order for delivery of the goods. (2) An application— (a) may be made without notice to any other person; and S. 24(2)(b) amended by No. 6/2018 s. 68(Sch. 2 item 114). (b) must be supported by evidence on oath or by affirmation or by affidavit. S. 24(3) amended by Nos 54/1989 s. 35(7)(b), 52/1998 s. 261. (3) If satisfied by the supporting evidence that the applicant may be entitled to possession of the goods, the Court constituted by a Registrar of the Court may make both of the following orders— (a) an order directing the second-hand dealer or pawn broker to deliver the goods to the applicant; (b) an order directing the second-hand dealer or pawnbroker to refrain from altering the form of the goods and from disposing of them in any way except in accordance with an order under paragraph (a). (4) Subject to this section, an order under subsection (3)(b) takes effect on service, and an order under subsection (3)(a) takes effect 21 days after service. S. 24(5) amended by No. 54/1989 s. 35(7)(c). (5) The orders under subsection (3) must be served onthe second-hand dealer or pawnbroker in the same way as a summons to answer to a charge, and service may be proved in the same way as service of a summons to answer to a charge. S. 24(6) repealed by No. 54/1989 s. 35(7)(d). (7) If within 21 days after service of an order under subsection (3)(a) the second-hand dealer or pawnbroker lodges an objection with the Court— (a) the order lapses and is and will be of no effect; and S. 24(7)(b) amended by No. 54/1989 s. 35(7)(e). (b) the matter of who is entitled to possession of the goods must be determined by the Court constituted by a magistrate. (8) The Court— (a) may make an order directing the second‑hand dealer or pawnbroker to deliver the goods to the applicant; or (b) may make an order directing the second‑hand dealer or pawnbroker to pay the applicant the value of the goods as assessed by the Court; or (c) may dismiss the matter and rescind the order under subsection (3)(b). S. 24(9) inserted by No. 93/2001 s. 32. (9) An order made under subsection (3)(b) lapses on— (a) the expiry of 6 months after the day on which it was made; or (b) the making of an order under subsection (8)— whichever is earlier. S. 24A inserted by No. 44/1997 s. 43.