Labourers Act, 1936

Recovery of possession of cottages by boards of health on breach of statutory conditions.

24.—(1) If, at any time during the payment period in respect of any cottage purchased under this Act from a board of health, any of the statutory conditions is not complied with in relation to such cottage, such board of health may, subject to the provisions of this section, apply to the Justice of the District Court having jurisdiction in the district in which such cottage is situate for the issue of a warrant giving possession of such cottage to such board of health.

(2) The following provisions shall have effect in relation to any application by a board of health in relation to a cottage under this section:—

(a) such board of health shall before making such application give notice to the owner of such cottage of their intention to make such application, and such notice shall state the grounds on which the application is to be based;

(b) such notice shall be:—

(i) in case it is to be based on failure to comply with the statutory condition relating to payment of an instalment of the annuity payable in respect of such cottage, not less than one week's notice;

(ii) in case it is to be based on failure to comply with any other statutory condition, not less than six weeks' notice.

(3) Whenever an application is made by a board of health under this section for the issue of a warrant giving possession of a cottage to such board and notice of such application has been duly given in accordance with this section, the Justice of the District Court hearing such application may, if satisfied that any statutory condition mentioned in such notice has not been complied with, issue such warrant.

(4) The provisions of section 86 of the Landlord and Tenant Law Amendment Act, Ireland, 1860, shall apply to the issue of a warrant under this section, and such a warrant when so issued shall have the same effect as a warrant under the said section 86.

(5) Where a board of health recovers possession of a cottage under this section by virtue of a warrant issued under this section, the following provisions shall have effect, that is to say:—

(a) all the estate and interest in such cottage of the person in whom such cottage was vested and any other person claiming through or under him shall cease and determine,

(b) such cottage shall revest in such board of health in fee simple,

(c) the registering authority under the Act of 1891 shall, on the application of such board of health, register such board of health as the owner in fee simple of such cottage under the Act of 1891,

(d) the purchase scheme which applied to such cottage shall cease to apply to such cottage,

(e) the provisions of the Principal Acts, as amended by this Act, shall apply to such cottage in the same manner as they apply to a cottage provided under the said Acts, as so amended, which has become unoccupied.