State Property Act, 1954

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Recovery of State land held by members of Defence Forces, Garda Síochána, etc.

17.—(1) In this section—

“the proper officer” means—

(a) as respects premises situate in a county or county borough for which there is for the time being an undersheriff, the undersheriff of that county or county borough, or

(b) as respects premises situate in a county or county borough in which there is for the time being a sheriff, appointed under section 12 of the Court Officers Act, 1945 (No. 25 of 1945), in whom the functions of the county registrar for that county or county borough in relation to the execution of execution orders are for the time being vested, the sheriff of that county or county borough, or

(c) as respects premises situate in any other county or county borough, the county registrar for that county or county borough;

“State servant” means any person being—

(a) a member of the Defence Forces or of the Garda Síochána, or

(b) any person (not being a member of the Defence Forces or of the Garda Síochána) holding a position under a State authority.

(2) Where—

(a) (i) a person (being then a State servant) was (whether before, on or after the operative date) put, by reason of his being a State servant, into occupation of any premises (being State land) and

(ii) that person (whether he is or is not then a State servant) refuses to quit the premises on demand made by the State authority in whom the premises are for the time being vested or by a person authorised in that behalf by that State authority, or

(b) (i) a person was (whether before, on or after the operative date) put into occupation of any premises (being State land) as servant, herdsman or caretaker, and

(ii) that person refuses to quit the premises on demand made by the State authority in whom the premises are for the time being vested or by a person authorised in that behalf by that State authority, or

(c) (i) a person (being then a State servant) was (whether before, on or after the operative date) put, by reason of his being a State servant, into occupation of any premises (being State land), and

(ii) that person has died (whether before, on or after the operative date), and

(iii) any person who is in occupation of the premises (otherwise than with the consent in writing of a State authority) refuses to quit the premises on demand made by the State authority in whom the premises are for the time being vested or by a person authorised in that behalf by that State authority, or

(d) (i) a person was (whether before, on or after the operative date) put into occupation of any premises (being State land) as servant, herdsman or caretaker, and

(ii) that person has died (whether before, on or after the operative date), and

(iii) any person who is in occupation of the premises (otherwise than with the consent in writing of a State authority) refuses to quit the premises on demand made by the State authority in whom the premises are for the time being vested or by a person authorised in that behalf by that State authority,

the District Court may, on the application of the State authority in whom the premises are for the time being vested, issue an order to the proper officer to deliver possession of the premises to any person named in the order, and upon receipt of the order the proper officer shall deliver possession of the premises accordingly, and that State authority shall be entitled to recover from the person so refusing to quit the premises the costs and expenses incurred by that State authority in conjunction with the issuing and execution of the order.

(3) In any proceedings under subsection (2) of this section in relation to any premises a certificate under the official seal of a State authority certifying all or any of the following matters—

(a) that those premises are at the date of the certificate vested in that State authority,

(b) that a specified person was on a specified date in occupation of the premises by reason of his being a State servant,

(c) that a specified person was on a specified date in occupation of the premises as servant, herdsman or caretaker,

(d) that a specified person was on a specified date in occupation of the premises,

(e) that a demand to quit the premises was made on a specified person on a specified date by a person authorised in that behalf by that State authority,

(f) that, on demand being made on a specified person on a specified date by a person authorised in that behalf by that State authority to quit the premises, such specified person refused to quit the premises,

shall be prima facie evidence of such of those matters as are mentioned in the certificate.

(4) Where possession of any premises which are vested in a State authority has been delivered by the proper officer under this section, any person who, without the consent of that State authority, enters on and takes possession of the premises or any part thereof, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and to a further fine not exceeding ten pounds for every day during which he remains in possession.