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Recovery of chattels in respect of which compensation has been awarded.
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12.—Where compensation under this Act has been awarded by the Minister or by the Court in respect of an injury consisting of or including the loss or alleged destruction of a chattel and that chattel (whether in a damaged or an undamaged condition) subsequently comes into or is found in the possession of the person to whom such compensation was so awarded or any other person, the following provisions shall apply and have effect, that is to say:—
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(a) the said chattel shall forthwith become and be the property of the Minister and may be recovered by him by civil action in any Court of competent jurisdiction;
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(b) where the chattel is recovered by the Minister from a person who is not the person to whom the said compensation was awarded, the Minister shall, where practicable, inform the person to whom the said compensation was awarded of the recovery of the said chattel;
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(c) the person to whom the said compensation was awarded shall, at any time before it is sold or disposed of by the Minister under the subsequent provisions of this section, be entitled to purchase the said chattel from the Minister at a price equal to the amount of the said compensation awarded in respect thereof or such lesser price as may be agreed upon between such person and the Minister;
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(d) where the said compensation has not been separately assessed in respect of the said chattel, the Minister may, for the purposes of the next preceding paragraph of this section, apportion the said compensation between the said chattel and the other property in respect of which it was awarded, and thereupon the portion of the said compensation so apportioned to the said chattel shall, for the said purposes, be deemed to be the amount of compensation awarded in respect of the said chattel;
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(e) if the said chattel is purchased under the foregoing provisions of this section, the price payable therefor shall be paid to the Minister and by him paid into or disposed of for the benefit of the Exchequer or may, where the said compensation has not been paid, be paid by being set-off against an equal amount of the said compensation;
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(f) the Minister shall cause the said chattel (unless it has already been sold under the foregoing provisions of this section) to be sold or otherwise disposed of for the benefit of the Exchequer at such time and in such manner as he shall think proper.
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