Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697632293627.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA 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.

2 CAP.

180) Fogeiture LAWS OF ANTIGUA AND BARBUDA 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.
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.

LAWS OF ANTIGUA AND BARBUDA Forfeiture (CAP.

180 3 FORFEITURE (7th Decemberber, 1877.)

611877.

S.R.O.

2211956.

3411982.

1811989.

1.

This Act may be cited as the Forfeiture Act.

Short title.

2.
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.
3.

From and after the passing of this Act, no confes- f;:kfE; 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.

kc.9 4.

Nowithstanding the provisions of section 3 if any g,";$,";fi person hereafter convicted of felony, for which he shall be disqualification office, k c .
sentenced to death, or any term of imprisonment with hard 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, 4 CAP.
180) Forfeiture LAWS OF ANTIGUA AND BARBUDA Persons convicted of felony may be condemned in C O S ~ S .
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.
5 .
It shall be lawful for the Court by which judgment shall be pronounced or recorded upon the conviction of any 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.
LAWS OF ANTIGUA AND BARBUDA 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 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.
felony.

shall cease to be 7.
When any convict shall die, or be made bankrupt, When convict or shall have suffered any punishment to which sentence of subject to death, if pronounced or recorded against him, may be operation of this 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.
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, k c .

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.
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 6 CAP.
180) Forfeiture LAWS OF ANTIGUA AND BARBUDA 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.
10.

Upon the appointment of any administrator all 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.

Convict's property to vest in administrator.

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: 12.

The administrator shall have absolute power to Administrator to have 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.
ities 14.

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

law, or may otherwise be proved to his satisfaction, and may also cause any property, which may come into his hands, LAWS OF ANTIGUA AND BARBUDA 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.

may make 15.
The administrator may cause to be paid or Administrator satisfied, out of such property, such sum of money by way of satisfaction or compensation for any loss of property, or of property to 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: persons out 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 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.
may make administrator's 17.

The several powers hereinbefore given to the Exercise of 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 8 CAP.
180) Forfeiture LAWS OF ANTIGUA AND BARBUDA Property to be preserved for convict.

Administrator not to be liable except for what he receives.

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

18.
Subject to the powers and provisions hereinbefore 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.
19.

The administrator shall not be answerable to any person for any property which shall not actually have come 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.

20.
20.

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

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, ~ i ~ ~ ~ ~ ~ ~ .
LAWS OF ANTIGUA AND BARBUDA 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 where such convict, before his conviction, shall have last ~ 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.
by ~ before 22.

Before making any appointment, the Magistrate Proceedings 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- e m o v a l 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 10 CAP.
180) Forfeiture LAWS OF ANTIGUA AND BARBUDA Powers o f interim curator.

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.

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.
may be sold Property Personal b y interim curator under Order O f Magistrate or Court.

25.

Any personal property of the convict may be sold and transferred by the interim curator, by and with the authority of such Magistrate or the High Court as aforesaid, 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.

LAWS OF ANTIGUA AND BARBUDA (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.
d , ~ ~ ~ r ~ $ ~ ~ 27.

All judgments or orders for the payment of money Execution of of any Court against the convict which shall have been duly ~ 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.
:;ze 28.
It shall be competent for the Attorney-General :;;;;,dFf; for the time being, or for any person who (if such convict a ~ m ~ n i s t r a t o r 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~;' 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 ,"~.to 12 CAP.
180) Forfeiture LAWS OF ANTIGUA AND BARBUDA 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.
29.
Subject to the provisions of this Act, every administrator, interim curator and other person shall, from and after the time when such convict shall cease to be sub- 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.
Administrator &c., to be accountable to convict when property reverts.

30.

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