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Right of application to the High Court.
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4.—(1) Any person who claims to be the owner of property forfeited to the State by virtue of an order made by the Minister under this Act may, within two months after the service of a copy of such order on him or, where there has been no such service on him, within six months after the date of such order, apply to the High Court in a summary manner on notice to the Attorney-General for the return to him of such property or where, owing to a sale of such property under this Act or for any other reason, such return is impracticable, for compensation for the loss of such property.
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(2) Where on an application under the foregoing sub-section of this section, the High Court, after hearing such evidence as may be adduced by the applicant or by the Attorney-General, is satisfied that when the property to which such application relates came into the custody or the physical possession of the Minister or of a member of the Gárda Síochána or of a member of the Defence Forces (as the case may be), it was the lawful property of the applicant or of a person through or under whom the applicant claims and was not acquired by the applicant or other person aforesaid as a result or in the course of an activity prejudicial to the peace, order, or security of the State and was not being or intended to be used (whether by the applicant or any other person) in furtherance of any such activity and that, if such property is returned or compensation in respect thereof is paid to the applicant, such property or compensation will not be used by the applicant or with his consent in furtherance of any such activity as aforesaid, the High Court may direct either (as the circumstances shall require) that such property be returned to the applicant or that compensation for the loss thereof be paid to the applicant by the Minister for Finance.
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(3) The High Court shall not direct, under the next preceding sub-section of this section, the return of or the payment of compensation in respect of any property unless the applicant for such direction himself gives evidence in support of the application and submits himself to cross-examination by counsel for the Attorney-General.
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(4) Where the High Court, or the Supreme Court on appeal from the High Court, makes an order directing under this section the return of or the payment of compensation in respect of any property, that Court may by such order impose such conditions as such Court shall think expedient for securing that such property or compensation (as the case may be) shall not be used or applied for the furtherance of any activity prejudicial to the peace, order, or security of the State and may, in particular, require the applicant, before receiving such property or compensation, to enter into a recognisance for his good behaviour.
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(5) Where the High Court, or the Supreme Court on appeal from the High Court, directs under this section the payment of compensation in respect of any property, that Court shall fix the amount of such compensation, but such compensation shall consist only of, in the case of money which is lawful currency in Ireland, the actual amount of such money or of, in any other case, the net capital sum realised by the Minister for Finance by the sale, exchange, enforcement, or other realisation of such property together with, in the case of a security producing interest, dividends, or other income, the amount of such income actually received by the Minister for Finance.
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(6) The costs of the applicant and of the Attorney-General of an application to the High Court under this section shall be paid by the applicant unless the High Court, or the Supreme Court on appeal from the High Court, expressly otherwise orders, but the costs of an appeal to the Supreme Court shall be in the discretion of that Court.
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(7) Where, on an application under this section, the High Court, or the Supreme Court on appeal from the High Court, directs any compensation to be paid by the Minister for Finance to the applicant and the costs or any part of the costs of the Attorney-General of such application or of such appeal are or is payable by such applicant, the said Minister may, without prejudice to any other mode of recovery, deduct from the said compensation so payable to such applicant the amount of the costs so payable by such applicant or so much of such costs as such compensation is sufficient to meet.
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