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Recovery of property representing stolen property or funds.
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10.—(1) If and whenever an Executive Minister shall apply to a District Justice and allege that any land, investments or other property (including money) in the possession or under the control of any person was bought by such person with or otherwise represents or is directly or indirectly derived from—
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(a) any stolen property or funds; or
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(b) any public funds, or funds which ought to be in the custody of a Minister or a Government Department;
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the District Justice shall, unless the person having possession or control of such land, investments or property satisfies him that such allegation is untrue, order the transfer of such property, in so far as it consists of land, to the Irish Land Commission, and in so far as it consists of investments or other property, to the Minister for Finance.
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(2) An order of a District Justice under this section ordering the transfer of any land to the Irish Land Commission shall operate to vest such land in the Irish Land Commission as from the date of the order for all the estate and interest therein which is so alleged to have been bought with or to represent or be derived from such stolen property or any such fund as aforesaid.
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(3) An order of a District Justice under this section ordering the transfer of any investments or other property to the Minister for Finance shall operate to vest such investments or property in the Minister for Finance, and in the case of investments or other property required by law to be transferred by deed or writing shall operate as a deed or writing duly executed by all necessary parties and capable of registration (where registration is necessary) transferring such investments or property to the Minister for Finance, and in the case of investments or other property transferable only by entries in a register, folio, or book, shall operate to authorise and require the proper entries for transferring such investments or property to the Minister for Finance to be made by the proper officer in such register, folio or book.
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(4) All land, investments and other property which becomes vested in the Irish Land Commission or the Minister for Finance under this section shall be sold by such Commission or Minister (as the case may be), and the proceeds of every such sale shall be paid to the Minister for Finance who shall, after paying thereout all costs and expenses incurred in the recovery and sale of such land, investments and property and not otherwise provided for, apply such proceeds in recouping the person whose property, or the fund which, such land, investments or property represents or is derived from.
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(5) Any person (including an Executive Minister) aggrieved by an order of a District Justice under this section may appeal from such order to the County Court Judge, and an order of a County Court Judge on the hearing of any such appeal shall have the same operation as a like order by a District Justice would have under this section.
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(6) A District Justice or a County Court Judge may on the hearing of an application or appeal under this section make such order as to the payment of the costs of such application or appeal as such District Justice or County Court Judge shall think proper.
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(7) In this section the expression “County Court Judge” shall include a Recorder.
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