COMMITTEE. (Hansard, 3 May 1866)

THE ATTORNEY GENERAL
, in moving that the House go into Committee upon the Bill, said, that a Bill had been introduced in a previous Session for the 428 purpose of abolishing the existing laws under which the property of persons convicted of felony was forfeited. There were many reasons against simply abolishing those laws; but as the time had arrived when some alteration of the law was required, Government undertook to deal with the subject upon principles which appeared to them to be wise and proper. Accordingly, last year a Bill was introduced with that view; but as it imposed duties upon the Treasury which were inconsistent with its other duties, it was withdrawn, in order to give the Government an opportunity to recast their scheme, and the result was the introduction of the present Bill. The first object of the Bill was to abolish the old law of attainder or corruption of blood, and of forfeiture and escheat with respect to persons convicted of treason or felony: at the same time it declared vacant any military, naval, civil or ecclesiastical office or benefice any such person might hold at the time of his conviction, and determining any pension in which he might be in receipt, and incapacitated the convict thenceforth (except in the case of Her Majesty's free pardon) from holding any such office, or benefice, or pension; and from sitting and voting in Parliament, or exercising any right of suffrage or political franchise. The Bill then proceeded to direct that persons convicted of treason or felony might be condemned in costs. The rest of the Bill dealt with the management of the property of convicts. As the property of such persons would no longer be subject to forfeiture, the Bill made provision for its management and administration. In the first place, the operation of the Bill in this respect was restricted to the period of the sentence, or to the determination of his rights by the operation of law—as by bankruptcy; and the convict was disabled to sue for or to alienate property. The principles of the Bill in respect of the administration of the property was based upon the law of France. In the penal code of that country there was incident to the sentence of long terms of imprisonment what was termed "civil death," and in such cases the management of the property of the convicted person was committed to a kind of trustees, called the conseil de famille, to which we had nothing analogous in this country. But as it was plainly desirable that the management of the property of convicts sentenced to terms of imprisonment should be withdrawn from them, the Bill provided 429 that the Crown might appoint an "Administrator"—either a general official or one appointed for any particular case—in whom the convict's property was to vest, and who was to have the administration of the property during the currency of the convict's sentence. He was to have all the powers generally vested in assignees of this description; out of the property he was to pay the costs of prosecution and other expenses, to make compensation to persons who might have been defrauded by the criminal acts of the convict; and to make allowances for the support of the convict's family. If there should be any surplus income derived from the property after these charges were defrayed, it was invested; and at the expiring of the convict's sentence or his pardon, the property and accumulations were to revest in the convicted person; or if his sentence should be determined by his death, then to his legal representatives. Power was given to the Governors of colonies to appoint a similar administration for cases which might occur within their respective jurisdictions. As there were a number of cases in which the property was small, provision was made that on application made bonâ fide with a view to the benefit of the convict or his family any Justice of the Peace having jurisdiction in the place where the convict had usually resided might appoint an interim "Curator" of his property, and this Curator might be any person whom the Justice might deem competent to discharge the duties. The machinery of the Bill had been carefully considered, and it was intended to make the measure applicable to all parts of Her Majesty's dominions, though it might require some Amendments to render it suitable to Scotland.

§ SIR MICHAEL HICKS-BEACH
said, they were indebted to the hon. and learned Gentleman for introducing the Bill. It was founded upon the right principle, and was in harmony with the practice in our prisons, which gave to the convict on his release the amount which he earned during his imprisonment.

§ MR. ALDERMAN SALOMONS
thought that the Bill would effect a great improvement in the present system, for it often happened that the law of forfeiture operated most cruelly, but he would suggest a 430 clearer definition of what was meant by the word "convict."

§ MR. BARNETT
said, he quite agreed with those who had spoken in approbation of the Bill; but he thought that in restoring to convicts the property which had been committed to the care of the administrator or curator, all that was just and requisite was done, and he did not think it expedient that the convict should, as a matter of course, have the benefit of such accumulation as might have accrued during the management by the administrator or curator. Any improvement of that kind in the property ought to go towards the payment of the expense to which the country was put in consequence of the convict's crime.

§ SIR COLMAN O'LOGHLEN
expressed his approval of the measure.