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Section 196: Property of outlaw

Criminal Procedure Act · PART IX: DISABILITY OF OFFENDER

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

196. Property of outlaw (1) Where an order has been issued by a Judge under section 55 directing the accused to appear and surrender himself within 20 days under the penalty of being outlawed and the accused has not surrendered himself or been taken, a curator shall be appointed to his property where the accused has no agent lawfully entitled to sue and be sued on his behalf in Mauritius. (2) (a) The spouse or the nearest male relative of the accused, as the case may be, shall, unless there is a valid reason to the contrary, always be preferred in accordance with section 194. (b) Where no spouse, ascendants or descendants in the direct line can be legally appointed curator, the Curator shall— (i) be sent into possession of all the property belonging to, or in any way held for, the accused; and (ii) administer the property in accordance with the Curatelle Act or until the return of the accused to Mauritius. (3) No sale, lease or disposal of any property of the outlaw, shall, except with the consent of the Ministère Public, be made by the person who holds the power of attorney of the outlaw. PART X – DISCHARGE OF OFFENDER

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