Forfeiture Act

Link to law: http://laws.gov.ag/acts/chapters/cap-180.pdf
Published: 0000

Forfeiture (CAP. 180 1

CHAPTER 180

T H E FORFEITURE ACT

Arrangement of Sections
Section

Short title.
Interpretation.
Forfeiture &c., abolished.
Conviction for felony to be a disqualification for office,

&c.
Persons convicted of felony may be condemned in costs.
Compensation to persons defrauded or injured by felony.
When convict shall cease to be subject to operation of

this Act.
Convict disabled from suing for or alienating property,

&c.
Governor-General may appoint administrator of con-

vict's property.
Convict's property to invest in administrator.
Remuneration of administrator.
Administrator to have administration of property.
Administrator to pay, out of property, costs of prosecu-

tion and costs of executing this Act.
Administrator may pay, out of property, debts or

liabilities of convict.
Administrator may make compensation out of property

to persons defrauded by criminal acts of convict.
Administrator may make allowances, out of property,

for support of family of convict.
Exercise of administrator's power as to priority of

payments.
Property to be preserved for convict.
Administrator not to be liable except for what he

receives.
Administrator to have costs as between solicitor and

client.

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2 CAP. 180) Fogeiture

2 1. If no administrator, interim curator may be appointed
by Magistrate.

22. Proceedings before Magistrate.
23. Removal of interim curator for cause shown.
24. Powers of interim curator.
25. Personal property may be sold by interim curator under

order of Magistrate or Court.
26. Proceedings by or against interim curator not to abate

if administrator is appointed.
27. Execution of judgment against convict provided for.
28. Proceedings may be taken to make administrator or

interim curator &c., accountable before property
reverts to convict.

29. Administrator &c., to be accountable to convict when
property reverts.

30. Property of convict acquired while lawfully at large not
to be subject to the operation of this Act.

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Forfeiture (CAP. 180 3

FORFEITURE

611877. (7th Decemberber, 1877.) S.R.O. 2211956.
3411982.
1811989.

1. This Act may be cited as the Forfeiture Act. Short title.

2. In this Act- Interpretation.
" convict" means any person against whom, after the

passing of this Act, judgment of death, or of
imprisonment with hard labour, shall have been
pronounced or recorded by any Court of compe-
tent jurisdiction in Antigua and Barbuda;

"forfeiture" does not include any fine or penalty
imposed on any convict by virtue of his sentence;

"administrator" means an administrator appointed
under the provisions of section 9;

" interim curator'' means an interim curator appointed
under the provisions of section 21.

3. From and after the passing of this Act, no confes- f;:kfE; kc.9
sion, verdict, inquest, conviction, or judgment of or for any
treason, or felony, offelo de se shall cause any attainder or
corruption of blood, or any forfeiture or escheat.

4. Nowithstanding the provisions of section 3 if any g,";$,";fi
person hereafter convicted of felony, for which he shall be disqualification
sentenced to death, or any term of imprisonment with hard office, kc .
labour or exceeding twelve months, shall, at the time of such
conviction, hold any military or naval office, or any civil
office under the Crown, or other public employment, or any
ecclesiastical benefice, or any place, office, or emolument
in any university, college, or other corporation, or be entitled
to any pension or superannuation allowance payable by the
public or out of any public fund, such office, benefice,

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4 CAP. 180) Forfeiture

employment, or place shall forthwith become vacant, and
such pension or superannuation allowance or emolument shall
forthwith determine and cease to be payable, unless such
person shall receive a free pardon from the Governor-General
within two months after such conviction, or before the fill-
ing up of such office, benefice, employment, or place, if given
at a later period; and such person shall become, and (until
he shall have suffered the punishment to which he had been
sentenced, or such other punishment as, by competent
authority, may be substituted for the same, or shall receive
a free pardon from the Governor-General), shall continue
thenceforth incapable of holding any military or naval office,
or any civil office under the Crown, or other public employ-
ment, or any ecclesiastical benefice, or of being elected, or
sitting, or voting as a member of Parliament.

Persons convicted
of felony may be

5 . It shall be lawful for the Court by which judgment
condemned in shall be pronounced or recorded upon the conviction of any
COS~S. person for felony, in addition to such sentence as may other-

wise by law be passed, to condemn such person to the pay-
ment of the whole, or any part, of the costs or expenses
incurred in and about the prosecution and conviction for
the offence of which he shall be convicted, if to such Court
it shall seem fit so to do; and the payment of such costs and
expenses, or any part thereof, may be ordered by the Court
to be made out of any moneys taken from such person on
his apprehension, or may be enforced, at the instance of any
person liable to pay or who may have paid the same, in such
and the same manner (subject to the provisions of this Act)
as the payment of any costs, ordered to be paid by the judg-
ment or order of any Court of competent jurisdiction in any
civil action or proceeding, may, for the time being, be
enforced :

Provided that in the meantime, and until the recovery
of such costs and expenses from the person so convicted as
aforesaid, or from his estate, the same shall be paid and pro-
vided for as if this Act had not been passed; and any money
which may be recovered in respect thereof from the person
so convicted, or from his estate, shall be applicable to the
reimbursement of any person, or fund, by whom, or out
of which, such costs and expenses may have been paid and
defrayed.

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Forfeiture (CAP. 180 5

6. It shall be lawful for such Court as aforesaid if it Compensation to
persons shall think fit, upon the application of any person aggrieved, defrauded or

and immediately after the conviction of any person for felony, injured by
felony. to award any sum of money, not exceeding twenty-five thou-

sand dollars, by way of satisfaction or compensation for any
loss of property or personal injury suffered by the applicant
through, or by means of, the said felony; and the amount
awarded for such satisfaction or compensation shall be
deemed a judgment debt due to the person entitled to receive
the same from the person so convicted, and the order for
paymentof such amount may be enforced in such and the
same manner as in the case of any costs ordered by the Court
to be paid under the last preceding section.

7. When any convict shall die, or be made bankrupt, When convict
shall cease to be or shall have suffered any punishment to which sentence of subject to

death, if pronounced or recorded against him, may be operation of this
Act.

lawfully commuted, or shall have undergone the full term
of imprisonment for which judgment shall have been
pronounced or recorded against him, or such other punish-
ment as may, by competent authority, have been substituted
for such full term, or shall have received pardon for the felony
of which he may have been convicted, he shall thenceforth,
so far as relates to the provisions hereinafter contained, cease
to be subject to the operation of this Act.

8. No action at law, or suit in equity, for the recovery Convict disabled
from suing for or

of any property, debt, or damage whatsoever, shall be
brought by any convict against any person during the time property, kc .
while he shall be subject to the operation of this Act; and
every convict shall be incapable, during such time as
aforesaid, of alienating or charging any property, or of
making any contract, save as hereinafter provided.

9. It shall be lawful for the Governor-General, by Governor-General
may appoint

writing under his hand, to commit the custody and manage- adm~n~str,to,
ment of the property of any convict, during his pleasure, convict's

property.
to an administrator, to be by such writing appointed in that
behalf; and every such appointment may be revoked by the
same authority by which it is made; and upon any deter-
mination thereof, either by revocation or by the death of
any such administrator, a new administrator may be
appointed by the same authority from time to time, and every
such new administrator shall, upon his appointment, be and

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6 CAP. 180) Forfeiture

be deemed to be the successor-in-law of the former
administrator, and all property vested in, and all powers given
to, such former administrator by virtue of this Act, shall,
thereupon, devolve to and become vested in such successor,
who shall be bound by all acts lawfully done by such former
administrator during the continuance of his office; and the
provisions hereinafter contained with reference to any
administrator shall, in the case of the appointment of more
than one person, apply to such administrators jointly.

Convict's 10. Upon the appointment of any administrator all
property to vest
in administrator. the real and personal property, including choses in action,

to which the convict named in such appointment was, at
the time of his conviction, or shall afterwards, while he shall
continue to be subject to the operation of this Act, become
or be entitled to, shall vest in the administrator for all the
estate and interest of such convict therein.

Remuneration of
administrator.

1 . If, in the instrument by which any administrator
is appointed, provision shall be made for the remuneration
of such administrator out of the property of the convict, the
administrator may receive and retain for his own benefit such
remuneration accordingly:

Administrator to
have

12. The administrator shall have absolute power to
administration of let, mortgage, sell, convey, and transfer any part of such
property. property as to him shall seem fit.

Administrator to
pay, out of
property, costs of
prosecution and
costs of executing
this Act.

13. It shall be lawful for the administrator to pay,
or cause to be paid, out of such property or the proceeds
thereof, all costs and expenses which the convict may have
been condemned to pay; and also all such costs, charges,
and expenses incurred by such convict in and about his
defence; and also all such costs, charges and expenses as the
administrator may incur, or be put to, in or about the car-
rying this Act into execution with reference to such property,
or with reference to any claims which may be made thereon.

Administrator
may pay, out of

14. The administrator may cause payment or satisfac-
property debts or tion to be made, out of such property of any debt or liability
liabilities of such convict, which may be established in due course of
convict.

law, or may otherwise be proved to his satisfaction, and may
also cause any property, which may come into his hands,

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Forfeiture (CAP. 180 7

to be delivered up to any person claiming to be justly entitled
thereto, upon the right of such person being established in
due course of law, or otherwise to his satisfaction.

15. The administrator may cause to be paid or Administrator
may make

satisfied, out of such property, such sum of money by way out
of satisfaction or compensation for any loss of property, or of property to

persons other injury, alleged to have been suffered by any person defrauded by
through, or by means of, any alleged fraudulent or criminal criminal acts of
act of such convict, as to him shall seem just, although no
proof of such alleged criminal or fraudulent act may have
been made in any Court of Law or Equity; and all claims
to any such satisfaction or compensation may be investigated
in such manner as the administrator shall think fit, and the
decision of the administrator thereon shall be binding:

Provided that nothing in this Act shall take away or
prejudice any right, title, or remedy to which any person,
alleging himself to have suffered any such loss or injury,
would have been entitled by law if this Act had not been
passed.

16. The administrator may cause such payments and Administrator
may make allowances for the support and maintenance of any wife or a~~o,ances, ,,,,

child, or reputed child, of such convict, or of any other of property, for
support of family

relative, or reputed relative, of such convict, dependent upon of con,;ct.
him for support, or for the benefit of the convict himself if
and while he shall be lawfully at large under any licence,
as to the administrator shall seem fit, to be made, from time
to time, out of such property or the income thereof.

17. The several powers hereinbefore given to the Exercise of
administrator's

administrator, or any of them, may be exercised by him in power as to
such order and course, as to priority of payments or priority of

payments.
otherwise, as he shall think fit; and all contracts of letting
or sale, mortgages, conveyances, or transfers of property bonci
fide made by the administrator under the powers of this Act,
and all payments, or deliveries over of property, bond fide
made by, or under the authority of, the administrator, for
any of the purposes hereinbefore mentioned shall be binding;
and the propriety thereof, and the sufficiency of the grounds
on which the administrator may have exercised his judgment
or discretion in respect thereof, shall not be in any manner

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8 CAP. 180) Forfeiture

called in question by such convict, or by any person claim-
ing an interest in such property by virtue of this Act.

Property to be
preserved for

18. Subject to the powers and provisions hereinbefore
convict. contained, all such property, and the income thereof, shall

be preserved and held in trust by the administrator, and the
income thereof may, if and when the administrator shall think
proper, be invested and accumulated in such securities as
he shall, from time to time, think fit, for the use and benefit
of the said convict and his heirs, or legal personal represen-
tatives, or of such other persons as may be lawfully entitled
thereto according to the nature thereof; and the same, and
the possession, administration and management thereof, shall
revest in, and be restored to, such convict upon his ceasing
to be subject to the operation of this Act, or in and to his
heirs, or legal personal representatives, or such other per-
sons as may be lawfully entitled thereto; and all the powers
and authorities by this Act given to the administrator shall,
from thenceforth, cease and determine, except so far as the
continuance thereof may be necessary for the care and preser-
vation of such property, or any part thereof, until the same
shall be claimed by such person lawfully entitled thereto,
or for obtaining payment out of such property, or the pro-
ceeds thereof, of any liabilities, or any costs, charges or
expenses for which provision is made by this Act, for which
purposes such powers and authorities shall continue to be
in force, until possession of such property shall be delivered
up by the administrator to some person being, or claiming
to be, lawfully entitled thereto.

Administrator
not to be liable

19. The administrator shall not be answerable to any
except for what person for any property which shall not actually have come
he receives. to his hands by virtue of this Act, nor for any loss or damage

which may happen, through any mere omission or non-
feasance on his part, to any property vested in him by vir-
tue hereof.

Administrator to 20. The costs, as between solicitor and client, of every
have costs as
between solicitor action or suit which may be brought against the administrator
and client. with reference to any such property as aforesaid, whether

during the time while the same shall be and continue vested
in him under this Act or after the same shall cease to be
so vested, and all charges and expenses properly incurred
by him with reference thereto, shall be a first charge upon,

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Forfeiture (CAP. 180 9

and shall be paid out of, such property, unless the Court
before whom such action is tried or such suit is heard shall
think fit otherwise to order.

21. If no administrator shall have been appointed, If no
administrator, an interim curator of the property of any convict may be interim cur,tor

appointed by any Magistrate having jurisdiction in the place ;o&ed by
where such convict, before his conviction, shall have last ~ ~ ~ i ~ ~ ~ ~ ~ ~ .
usually resided, upon the application of any person who shall
be able to satisfy such Magistrate that the application is made
boncifide with a view to the benefit of the convict or his family,
or to the due and proper administration and management
of his property and affairs; and the interim curator to be
appointed may be either the person making the application,
or any other person willing to accept the office and compe-
tent to discharge its duties, as to such Magistrate shall seem
fit.

22. Before making any appointment, the Magistrate Proceedings
before

shall require the applicant to make oath that no administrator M,~;,,~,,,.
or interim curator of the property of such convict has been,
to his knowledge or belief, already appointed; and the
applicant shall also state upon oath, to the best of his
knowledge and belief, who are the nearest relatives (including
any husband or wife) of such convict, and (if any such there
be) where they are residing, and whether any, and which
of them, have consented to, or have had notice of, such
application; and it shall be competent to such Magistrate
to require notice of such application to be given to all such
persons, and in such manner, as to such Magistrate shall
seem fit.

23. Any interim curator so appointed may be remov- emoval of
interim curator

ed for any cause shown to the satisfaction of the Magistrate for
or the Court, upon the application of any relative of the con-
vict, or of any person interested in the due and proper
administration and management of his property and affairs,
either by the Magistrate by whom he was appointed (or,
in the event of such Magistrate dying or being unable to
act, by any other Magistrate having the like jurisdiction)
or by the High Court; and, upon the death or removal of
any such interim curator, a new interim curator may be ap-
pointed in the same manner, and by the like authority, as

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10 CAP. 180) Forfeiture

aforesaid, or (in case any such proceedings shall then be
depending) by the Court in which any such proceedings shall
be so depending as aforesaid.

Powers o f
interim curator.

24. Every interim curator shall have power (unless
and until an administrator shall be appointed under this Act,
in which case the authority of the interim curator shall
thenceforth cease and determine) to sue in his own name
as interim curator, at law or in equity, for the possession
and recovery of any part of the property in respect of which
he shall have been so appointed, or for damages in respect
of any injury thereto, and to defend in his own name, as
interim curator, any action or suit brought against such con-
vict or against himself in respect of such property, and to
receive and give legal discharges for all rents, dividends,
interest, and income of or arising from such property, and
also to receive and give discharges for any debts due to such
convict or forming part of his property, and to pay and
discharge all, or any debts due from such convict, out of
such property, and to settle and adjust accounts with any
debtor or creditor of such convict, and generally to manage
and administer the property of such convict; and also to
make, or cause to be made, such payments and allowances
for the support or maintenance of any wife or child of such
convict, or of any other relative dependent on him for sup-
port, as shall be specially authorized by any such Magistrate
or Court aforesaid (who shall have power from time to time
to authorize the same), or by any other Court having com-
petent jurisdiction to authorize the same, out of the income
of such property, or (in case such income shall be insuffi-
cient for that purpose) out of the capital thereof; and every
interim curator shall be entitled to retain out of such property,
or out of the income thereof, all his costs, charges and ex-
penses properly incurred in and about the discharge of his
duties as such curator.

Personal may be sold Property b y 25. Any personal property of the convict may be sold
interim curator and transferred by the interim curator, by and with the
under Order O f authority of such Magistrate or the High Court as aforesaid,
Magistrate or
Court. but not otherwise; and the interim curator shall be accoun-

table for the proceeds of any property so sold, in the same
manner as for such property while remaining unsold.

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(CAP. 180

26. All proceedings at law or in equity duly instituted ZP;;;E:gs by
by or against any interim curator may (in case of an interim curator
administrator or a new interim curator being afterwards ' ' ' ~ t ; " , i ~ ~ ~ f . s
appointed) be continued by or against the administrator, or appointed.
the new interim curator, without any abatement thereof, the
appointment of the administrator or new interim curator
being entered by way of suggestion on the record, or other-
wise stated upon the proceedings, according to the practice
of the Court; and all acts lawfully done, and contracts lawfully
made, by the interim curator with respect to any property
of the convict, before the appointment of the administrator,
or new interim curator, shall be binding upon the
administrator, or new interim curator, after his appointment.

27. All judgments or orders for the payment of money Execution of
of any Court against the convict which shall have been duly ~ d , ~ ~ ~ r ~ $ ~ ~
recovered or made, either before or after his conviction, may for.
be executed against any property of such convict under the
care and management of any interim curator, or in the hands
of any person who may have taken upon himself the posses-
sion or management thereof without legal authority, in the
same manner as if such property were in the possession or
power of the convict; and all such judgments or orders may
likewise be executed according to the practice of the Court
against any such property which may be vested in any
administrator of the property of the convict under the
authority of this Act.

28. It shall be competent for the Attorney-General :;,dFf; :;ze
for the time being, or for any person who (if such convict a~m~nistrator
were dead intestate) would be his heir at law, or entitled interim curator,

&c., accountable
to his personal estate or any share thereof, or for any person before property
authorized by the Attorney-General in that behalf, to apply ~z~;',"~.to
in a summary way to the High Court to issue a writ of sum-
mons calling upon any administrator or interim curator of
the property of such convict appointed under this Act, or
any person who, without legal authority, shall have possessed
himself of any part of the property of such convict, to account
for his receipts and payments in respect of the property of
such convict, in such manner as the Court shall direct; and
it shall be lawful for the Court, thereupon, to issue such writ
of summons, and to enforce obedience thereto, and to all

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12 CAP. 180) Forfeiture

orders and proceedings of the Court consequent thereon, in
the same manner as in any other case of process lawfully
issuing out of the Court; and the Court shall, thereupon,
have full power, jurisdiction, and authority to take all such
accounts, and to make and give all such orders and direc-
tions as to it shall seem proper or necessary for the purpose
of securing the due and proper care, administration, and
management of the property of such convict, and the due
and proper application of the same, and of the income thereof,
and the accumulation and investment of such balances, if
any, as may, from time to time, remain in the hands of any
such administrator or interim curator, or other person
aforesaid, in respect of such property; and, so long i s any
such proceedings shall be pending in any such Court, every
such administrator or interim curator, or other person, shall
act in the exercise of all Dowers vested in him under this
Act, or otherwise, in all respects as the Court shall direct;
and it shall be lawful for the Court (if it shall think fit) to
authorize and direct any act to be done by any such interim
curator which might competently be done by an administrator
duly appointed under this Act.

Administrator
&c., to be

29. Subject to the provisions of this Act, every
accountable to administrator, interim curator and other person shall, from
convict when and after the time when such convict shall cease to be sub-
property reverts.

ject to the operation of this Act, be accountable to such con-
vict for all property of such convict, which shall have been
by him possessed or received and not duly administered,
in the same manner in which any guardian or trustee is now
accountable to his ward or cestui que trust; but subject never-
theless and without prejudice to the administration and
application of such property under and according to the
powers of this Act.

Property of
convict acquired

30. Notwithstanding any of the provisions of this Act
while lawfully at to the contrary no property acquired by a convict, during
large not to be the time while he shall be lawfully at large under any licence,
subject to the
operation of this shall vest in any administrator appointed under this Act,
A C ~ . but such convict shall be entitled thereto without any

interference on the part of any administrator or interim
curator appointed under this Act, and, during the time last
aforesaid, the disabilities mentioned in section 8 shall, as to
such convict be suspended.
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