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25 1954

STATE PROPERTY ACT, 1954

Chapter IV.

Legal Proceedings.

Legal proceedings in respect of State land.

16. —(1) A State authority may, in relation to any State land for the time being vested in that State authority, institute any legal proceedings which that State authority could institute if that State authority were a private individual and the owner, lessee or tenant of such State land.

(2) In any legal proceedings instituted by a State authority against any person to recover any periodical sum (being a former crown rent or any rent, rent charge or other sum payable periodically out of State land or any sum payable by way of fees out of State land), a certificate under the official seal of that State authority certifying that a specified amount is due by such person on foot of such periodical sum in respect of a specified period shall be prima facie evidence of the matters so certified.

(3) In any legal proceedings in relation to State land instituted by the State authority in whom such State land is vested against any person, a certificate under the official seal of that State authority certifying any one or more of the following matters, namely—

(a) that such State land is held by that State authority on the tenure set out in the certificate,

(b) that such State land is held from that State authority by that person on the terms set out in the certificate,

(c) that a notice (in the form set out in the certificate) to quit such State land was duly served on the tenant of such State land on a specified date, and that such tenant refused to surrender possession of such State land on the expiration of the said notice,

shall be prima facie evidence of the matters so certified.

(4) Every covenant and agreement in relation to any State land entered into (whether before or after the passing of this Act) by any person (being the grantee, lessee, tenant or licensee of such State land) shall be deemed to have been entered into by that person with the State authority in whom such State land is for the time being vested and may be enforced by that State authority in like manner as if that State authority had been a party thereto.

(5) Nothing in this section shall be construed as affecting the right of the Attorney General on behalf of the State or the People to institute and carry on legal proceedings in respect of State land.

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.

Priority of moneys due in respect of former crown rents, etc.

18. —Moneys due or payable to a State authority by way of former crown rent or rent, rent-charge, royalty or other profits of State land or by way of fees in respect of State land shall have the same priorities as are conferred by subsection (2) of section 38 of the Finance Act, 1924 (No. 27 of 1924), on the moneys to which that subsection applies.