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25 1954

STATE PROPERTY ACT, 1954

Chapter V.

Miscellaneous Provisions.

Gifts to a State authority, the State, the Nation or the People.

19. —(1) For the purposes of this section—

(a) “property” includes both real and personal property,

(b) references to a gift of property shall be construed as references to a gift of that property by testamentary disposition, deed or otherwise,

(c) references to dealing with property include references to the disposing thereof.

(2) Where a gift of property is made to a State authority—

(a) that State authority may, with the concurrence of the Minister, accept or refuse to accept the gift,

(b) if that State authority accepts the gift, the property shall thereupon vest in that State authority.

(3) Where a gift of property is made to the State, the Nation or the People, or is made in terms indicating that the gift is for the benefit of the State, the Nation or the People,—

(a) the Government may accept or refuse to accept the gift,

(b) if the Government accept the gift, the property shall thereupon vest in such State authority as the Government shall by warrant determine.

(4) Where a gift of property (not being land) was made to the State, the Nation or the People before the operative date and the gift was accepted by or on behalf of the Government, the property shall, on the operative date, stand vested in the Minister.

(5) Where a property vests by virtue of subsection (2), (3) or (4) of this section in a State authority—

(a) the property, if land, shall become and be State land for the purposes of this Act and may, subject to subsection (6) of this section, be dealt with accordingly,

(b) the property, if not land, may, subject to subsection (6) of this section, be dealt with by that State authority in such manner as that State authority thinks proper.

(6) Where any property vests by virtue of subsection (2), (3), or (4) of this section in a State authority and the gift thereof was made subject to conditions, the property shall not be dealt with in a manner inconsistent with those conditions.

Power of Land Commission to purchase or accept gratuitous grant of State land for purposes of the Land Purchase Acts.

20. —Notwithstanding anything contained in any enactment, the Land Commission may, for the purposes of the Land Purchase Acts, purchase, or accept a gratuitous grant of, State land from any State authority.

Meaning of “superior interest” in the Land Purchase Acts.

21. —For the avoidance of doubts, it is hereby declared that the expression “superior interest”, where it occurs in the Land Purchase Acts, shall be construed as including and as having always included any former crown reversion or estate expectant on the determination of an estate tail or a base fee.

Custody of title deeds relating to State land.

22. —The following provisions shall apply in relation to an instrument of title relating to State land—

(a) in case that the instrument of title relates to State land which is vested in one State authority and no more, that State authority shall have custody of it, and

(b) in any other case, the Minister shall have custody of it.

Provisions in relation to the Commissioners.

23. —(1) The seal of the Commissioners shall be judicially noticed.

(2) Any contract or instrument which, if entered into or executed by a person (not being a body corporate), would not require to be under seal may be entered into or executed on behalf of the Commissioners by any person generally or specially authorised by the Commissioners in that behalf.

Confirmation of withdrawal of certain claims in respect of former crown rents and former crown reversions.

24. —Where on or after the 6th day of December, 1922, and before the operative date a claim in respect of any former crown rent or in respect of any former crown reversion or estate expectant on the determination of an estate tail or a base fee was withdrawn (whether in proceedings under the Land Purchase Acts or otherwise) by the Quit Rent Office in consideration of the payment of any sum, such withdrawal is hereby confirmed and such claim shall cease to be enforceable.

Confirmation of agreement to sell Aldborough House, Dublin.

25. —(1) The agreement (in this section referred to as the said agreement) made in the year 1937, between the Minister for Posts and Telegraphs (in this section referred to as the Minister) of the one part and the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin (in this section referred to as the Dublin Corporation) of the other part whereby (inter alia) the Minister agreed to sell and the Dublin Corporation agreed to buy at the price of nine thousand nine hundred and fifty pounds the premises (in this section referred to as the leasehold premises) known as Aldborough House, Dublin, and held, immediately before the 6th day of December, 1922, by the Postmaster General under two indentures of lease, is hereby confirmed.

(2) The Minister, in performance of the said agreement, is hereby authorised and empowered to execute an assignment of the leasehold premises to the Dublin Corporation and such assignment shall operate to vest the leasehold premises in the Corporation.

Confirmation of certain instruments relating to State land.

26. —(1) The several instruments mentioned in the Second Schedule to this Act are hereby confirmed and shall be deemed always to have been valid and good in all respects.

(2) Where—

(a) on or after the 6th day of December, 1922, and before the operative date any land was escheated or was dealt with as bona vacantia, and

(b) the right of the State to such land was waived and a conveyance or assignment of such land or right thereto was executed in favour of any person,

such conveyance or assignment is hereby confirmed and shall be and be deemed always to have been valid and good in all respects.