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Power to seize and sell animals found trespassing.
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2.—(1) It shall be lawful for an Executive Minister to order the seizure of any cattle and other animals found trespassing on land belonging to any Board or Department of the Government or to any private person or body, and the removal and detention of such cattle and other animals to and in any place within or outside Saorstát Eireann.
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(2) Whenever any cattle or other animals are seized under this section, such notice as the Minister aforesaid shall prescribe shall be given to the owner thereof, and such owner may, within such time as the Minister shall prescribe, redeem such cattle and other animals by payment to the Minister of such sum as the Minister shall estimate to be the fair value of such cattle and animals, or such lesser sum as the Minister shall think proper: Provided always that if such owner shall satisfy the Minister that the trespass by such cattle or other animals was accidental or took place against the will of such owner or was otherwise innocent, the Minister shall return such cattle and animals to such owner or pay to such owner the fair value thereof.
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(3) Whenever any cattle or other animals are seized pursuant to an order made by an Executive Minister bona fide in purported exercise of the powers conferred by this section, and the owner of such cattle or other animals satisfies the Minister that the said cattle or other animals were lawfully on the lands on which they were seized, the said owner shall be entitled, if the said cattle and other animals have not been sold, to have the said cattle and other animals returned to him, or, if the said cattle and other animals have been sold, to have the fair value of the said cattle and other animals paid to him by the Minister, but shall not be entitled in any case to any damages or compensation whatsoever on account of the seizure, removal, detention, or sale of the said cattle and other animals under the order aforesaid.
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(4) All cattle and other animals seized under this section and not so redeemed or returned shall be sold or disposed of in such manner and at such place whether within or outside Saorstát Eireann as the Minister shall direct.
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(5) The money paid for the redemption or the proceeds of the sale of any cattle or other animals redeemed or sold under this section shall be applied in the first place in or towards the payment of the expenses of the seizure, removal, detention and sale of such cattle and other animals, and in the next place in or towards the payment to the owner of the land on which such cattle and other animals were found trespassing of such compensation as the Minister shall direct for the damage caused by such trespass, and the surplus (if any) of such moneys or proceeds shall be forfeited and paid into the Exchequer in accordance with such directions as may be given from time to time by the Minister for Finance.
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