Short title. Amendment of Chapter XIV., Schedule. Amendment of Amendment of Ibid. Further amendment of Sections 197 and 198. Amendment of Common nuisance. Repeal of portion of Section 296. Repeal of portion of Section 297. Amendment of 1. This Act may be cited as the Criminal Code Amendment Act, 1913. 2. The amendments indicated in the First Schedule to this Act are hereby made in Chapter XIV. of the Code. 3. Section one hundred and ninety-seven of the Code is hereby amended by the insertion in the first and also in the second paragraph, before the word "daughter," of the words "mother or,' and before the word "descendant" of the words "ancestress or." 4. Section one hundred and ninety-eight of the Code is hereby amended by the insertion in the first and also in the second paragraph, after the word "father," of the words "or son," and after the word "ancestor" of the words "or descendant." 5. The following paragraph is added to section one hundred and ninety-seven and also to section one hundred and ninety-eight of the Code: The mention of any relationship herein shall include any such relationship, whether natural only or legitimate. 6. Section two hundred and six of the Code is repealed, and the following section is substituted, that is to say: 206. (1.) Any person who without lawful justification or excuse (the proof of which lies on him) does any act or omits to discharge any legal duty which act or omission endangers the lives, safety, health or property of the public or by which act or omission the comfort of the public is interfered with or the public are obstructed in the exercise or enjoyment of any common right, is guilty of a misdemeanour, which is called a common nuisance, and is liable to imprisonment for one year. (2.) It is the duty of every person having any property under his control to do such acts with respect thereto as are necessary to prevent any such danger, interference, or obstruction as aforesaid arising therefrom. 7. The second paragraph of section two hundred and ninetysix of the Code is hereby repealed. 8. Section two hundred and ninety-seven of the Code is hereby amended by the deletion of the words "within or (being a subject of His Majesty) without His Majesty's dominions," and also of the last paragraph. 9. Section three hundred and eighty-seven of the Code is hereby amended- (a.) (a) By the deletion of the second paragraph, and the substitution of the following: Any person (being such a mortgagor as aforesaid) who shall destroy, break, injure, kill, or otherwise damage any mortgaged goods with intent to deprive the mortgagee of his security or any part thereof, or to defeat or any wise impair the security, is guilty of a misdemeanour and liable to imprisonment with hard labour for two years. (b) By the insertion of the words "and any fixtures" after the words "progeny of any animals," in the third paragraph. 10. Section four hundred and fifty-one of the Code is hereby Repeal of amended by the deletion of the second paragraph. portion of Section 451. portion of 11. Section four hundred and fifty-two of the Code is hereby Repeal of amended by the deletion of the words "within or (being a subject Section 452. of His Majesty) without His Majesty's dominions" and also of the last paragraph. 12. Section four hundred and ninety-three of the Code is hereby Amendment of amended by the deletion of the word "and," at the end of para- Section 493. graph (b) of subsection (3), and the substitution of the word "or." Section 521. 13. Section five hundred and twenty-one of the Code is hereby Amendment of amended by the insertion after the word "composition," wherever it occurs, of the words "assignment or arrangement," and by the insertion between the word "with" and the words "his creditors" of the words "or for the benefit of," and by the insertion of the words "or insolvent" between the word "bankrupt" and the word "debtors." 14. Section five hundred and twenty-six of the Code is hereby amended by the deletion of the word "make," in the fourth line, and the substitution of the words "cause or enable." Amendment of Section 526. 15. Section five hundred and thirty-five of the Code is hereby Repeal of amended by the deletion of the last paragraph. portion of Section 535. Section 607. 16. Section six hundred and seven of the Code is hereby Amendment of amended by the excision of the word "an" before "accused person" in the last paragraph, and by the insertion in place thereof of the words "the Crown or the." 17. The last subsection of section six hundred and fifty-three Amendment of (653c) is hereby repealed. Section 653c. 18. Amendment of Sections 661 and €62. Insertion of new sections after Section 666. Enforcement of order for payment of money. Insertion of a new chapter after Chapter LXVII. Forfeitures Vict., c. 23, s. 1. Estate to vest Powers of curator. See Ibid., s. 16. 18. Sections six hundred and sixty-one and six hundred and sixty-two are hereby amended by the insertion after the words "Circuit Court," in each section, of the words "or Court of General or Quarter Sessions." 19. A new section is hereby inserted in Chapter LXVI. in the Code after section six hundred and sixty-six, as follows: 666A. Any judgment or order by any Court (including a court of summary jurisdiction) under this Code for payment of any fine or costs or any other sum of money whatsoever by any person or corporation may, without prejudice to any other method of enforcement, be entered up as a judgment of the Supreme Court on the order of a Judge, and shall be enforceable with costs accordingly. 20. The following chapter is hereby inserted in the Code after Chapter LXVII. :— CHAPTER LXVIIA.-Effect of conviction as regards prisoners' property. 666B. Forfeitures, escheats, attainders and corruptions of blood on account of crime or conviction stand abolished. 666c. (1.) Whilst any person heretofore or hereafter sentenced to a term of imprisonment or detention exceeding twelve months or to detention during the Governor's pleasure is under and subject to such sentence the Court may, on the application of the Comptroller-General of Prisons, appoint a curator of such prisoner's estate, and may at any time remove such curator, and, if deemed expedient, appoint another person in his place. (2.) Subject to any order or direction of the Court, the prisoner's real and personal estate shall vest in the curator, and such vesting shall be deemed a transmission within the meaning of the Transfer of Land Act, 1893, and may be registered under that Act accordingly, subject to such and the like conditions as apply in the case of transmissions of the lands of a deceased person; provided that nothing herein shall affect the prisoner's right to dispose of his estate whilst there is no curator thereof. (3.) The curator shall have power— (a.) to pay and discharge out of the said estate all such debts and liabilities as are justly payable out of the same; (b.) to make and pay out of the said estate all such allowances for the support or maintenance of any wife or or child or reputed wife or child of the prisoner (c.) to manage the said estate and take such steps and do (d.) to lease, sell or otherwise dispose of any part of the (e.) to sue or defend any action on behalf of the prisoner; Provided that no real estate shall be leased for a longer term than one year or sold or mortgaged except pursuant to an order of the Court. (4.) The Court may require any curator to give security Security. or may make any appointment subject to security being given, and may impose any such conditions, restrictions and limitations on the appointment as may appear expedient, and may allow the curator such remuneration as shall be just. (5.) Notwithstanding anything herein no property acquired by a prisoner whilst he shall be lawfully at large under any license shall vest in any curator, but such prisoner shall be entitled thereto without interference. Prisoner may retain property acquired whilst on license. Curator may for directions. (6.) A curator shall be entitled at any time to apply to the Court for advice and directions as to the performance of apply to Court his duties and the exercise of his powers, and any person may summon the curator before the Court to show cause why he should not do or submit to any act, matter or thing in his character as such curator, and the Court may make such order as shall be just. (7.) In this chapter the word "Court" means the Interpretation. Supreme Court or any Judge thereof, and the word "prisoner" includes any person under and subject to such sentence as aforesaid though he be not in actual custody, and the provisions of this chapter shall extend to any person who is undergoing or subject to a term of imprisonment by way of commuted sentence as if he had been originally sentenced to such term. 666D. When any person for whose estate a curator has been Vesting of proappointed under this chapter shall die or be made bankrupt or perty on death, bankruptcy, or shall cease to be a prisoner the powers, authorities and discre- liberation of tions of any curator of his estate shall cease, and the estate prisoner. and See Ibid., s. 7. Curator to account. See Ibid., ss. 19 and 29. Amendment of Amendment of Amendment of Insertion of new section to stand as 672. Writs of error and motions for new trials in criminal cases abolished. See 7 Edw. VII., c. 23, s. 20. and all accretions thereto shall, subject and without prejudice to the administration and application thereof under and according to this chapter, vest in the person who would be entitled thereto if no curator had been appointed: Provided that the curator may do such things as may be necessary for the care and preservation of the estate or any part thereof until it can be handed over to the person entitled thereto. 666E. A curator shall be accountable to the person entitled to the estate that was vested in him in the same manner in which a trustee is accountable to his cestui que trust, without prejudice, however, to the administration and application of the estate under this chapter, and on his authority coming to an end the curator shall pass his accounts before the Master of the Supreme Court in manner to be prescribed by rules which the Judges of the Supreme Court or a majority of them are hereby empowered to make: Provided that a curator shall not be answerable to any person for any property which shall not actually have come to his hands by virtue of this Chapter nor for any loss or damage. which may happen through any mere omission or non-feasance on his part. 21. Subsection three of section six hundred and sixty-nine of the Code is hereby amended by the insertion after "verdict" of the words "or which may lawfully be passed for the offence of which the appellant stands convicted." 22. Section six hundred and seventy-one D (671) of the Code is hereby amended by the addition to the third paragraph of the words:"and any such extension may be ordered although the application for the same is not made until after the expiration of the time appointed." 23. Section six hundred and seventy-one L (671L) of the Code is hereby amended by the addition of a definition, as follows: (3.) The expression "Judge who tried him," used in relation to any convicted appellant, means the Judge or Chairman of the Court from the conviction before which such appellant desires to appeal. 24. The following section is inserted in the Code to stand as section six hundred and seventy-two thereof: 672. Proceedings in error in cases to which any of the preceding provisions of this chapter apply and any powers or practice which may now exist in the Supreme Court in respect of motions for new trials or the granting thereof in such cases other than such as are provided for in this chapter are hereby abolished. 25. |