Damage To Property (Compensation) (Amendment) Act, 1933
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Chattels recovered after payment or award of compensation. |
12.—(1) This section applies to— | |
(a) all compensation which has been or shall hereafter be paid out of public funds on the recommendation of the Compensation (Ireland) Commission or under the Principal Act or under the Indemnity Act; 1924 (No. 40 of 1924); | ||
(b) all compensation which has been or shall hereafter be paid out of public funds by any Department of State or the Commissioners of Public Works in Ireland in respect of an act, event, or thing which took place on or after the 21st day of January, 1919, and on or before the 12th day of May, 1923; | ||
(c) all compensation which shall be paid out of public funds under this Act. | ||
(2) Where any compensation to which this section applies has been or shall hereafter be paid or any compensation to which this section will apply when such compensation is paid has been or shall hereafter be awarded in respect wholly or partly of the destruction, taking away, or loss of any chattels and such chattels are recovered (whether before or after the passing of this Act) by the Gárda Síochána or by the person to whom such compensation was paid or by any other person, such chattels shall on the passing of this Act or the recovery of such chattels (whichever is the later) become and be the property of the Minister for Finance and, if not in his possession, may be recovered by the said Minister by civil action in any Court of competent jurisdiction. | ||
(3) Where any chattels become the property of the Minister for Finance by virtue of this section, the person who satisfies the said Minister that he would, but for this section, be the owner of such chattels shall be entitled to purchase such chattels from the said Minister at a price equal to the amount of the compensation paid or awarded in respect of the destruction, taking away, or loss of such chattels or (where such compensation is not segregated from compensation paid or awarded in respect of other matters) at a price equal to the amount of compensation which, in the opinion of the said Minister, was paid or awarded in respect of such destruction, taking away, or loss or in either case, at such lesser price as shall be agreed upon by the said Minister and the said person. | ||
(4) If the person who would be entitled under the next preceding sub-section of this section to purchase any chattels from the Minister for Finance is known to the said Minister, the said Minister shall give to such person an opportunity of so purchasing such chattels. | ||
(5) All chattels which become the property of the Minister for Finance by virtue of this section and are not purchased under the preceding provisions of this section shall be sold or otherwise disposed of by the said Minister for the benefit of the Exchequer at such time and in such manner as the said Minister shall think proper. |