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Ministry of Law and Justice

Act nº 9 of 1859

  • Act nº 9 of 1859



[Act, No.9 of 1859]

[AS ON 1956]

[30th April, 1859]


An Act to provide for the adjudication of claims to property seized as forfeited.

WHEREAS it is expedient {Certain words were rep.by Act 12 of 1891} to remove doubts concerning the powers of officers or other persons to whom commissions may have been issued for the trial of heinous offences in certain districts, and concerning the validity of convictions and adjudications of forfeiture made by such officers or other persons; It is enacted as follows:--

Section 1 to 15. Omittted

[Constitution, procedure, &c., of Special Commission Courts.] Repealed by the Repealing Act, 1868 (8 of 1868).

Section 16. Convictions involving forfeiture not questionable in suits relating to forfeited property

Whenever any person shall have been convicted of an offence for which his property was forfeited to Government, no Court has power in any suit or proceeding relating to such property to question the validity of the conviction.

Section 17. Conviction not questionable because capacity of convicting officer not shown

Whenever any person shall have been convicted as above by an officer having power to try and convict, the validity of any such conviction shall not be questioned upon the ground that the record of the conviction does not show in what capacity such officer acted, or that it represents him to have acted in a different capacity from that in which he had power to convict.

Section 18. Attachment without adjudication of forfeiture not questionable unless offender be acquitted within one year, etc

Whenever any property shall have been attached or seized without either conviction or an adjudication of forfeiture by any officer of Government as property forfeited or liable to be forfeited to Government for an offence for which, upon conviction, the property of the offender would be forfeited, the validity of such attachment or seizure shall not be called in question by any Court or other authority in any suit or proceeding, unless the offender or alleged offender shall, within one year after the seizure of his property has surrendered himself for trial, and upon trial before a competent Court shall have been or shall be acquitted of the offence, and shall prove to the satisfaction of the Court that he did not escape or keep out of the way for the purpose of evading justice.

Exemption of pardoned persons.- Nothing in this section shall extend to persons entitled to pardon upon Her Majesty's proclamation published in the Calcutta Gazette Extraordinary, dated the 1st of November, 1858, or to any person who having surrendered himself within the period of one year after the seizure of his property shall be {Substituted by the A.O.1937 for "discharged by order of Govt."} [duly discharged] without a prosecution.

Section 19. Omittted

[Release of property attached as forfeited.] Repealed by the Repealing Act, 1868 (8 of 1868).

Section 20. Rights of parties not charged with offence involving forfeiture.Proviso

Nothing in this Act shall be held to affect the rights of parties not charged with any offence for which upon conviction the property of the offender is forfeited in respect of any property attached or seized as forfeited or liable to be forfeited to Government: Provided that no suit brought by any party in respect of such property shall be entertained unless it be instituted within the period of one year from the date of the attachment or seizure of the property to which the suit relates.