obtained a grant of the brother-in-law's estate in favour of his widow
and children should the inquest find a verdict of _felo-de-se_. It was
common practice for persons anticipating conviction for treason or
felony to assign all their property to others to avoid the forfeiture;
and in some instances the accused refused to plead to the indictment and
endured the _peine forte et dure_, until death supervened, to avoid
these consequences of conviction. The royal rights to forfeitures
arising within particular areas were frequently granted by charter to
corporations or individuals. In 1897 the courts had to interpret such
charters granted to the town of Nottingham in 1399 and 1448. All
forfeitures and escheats with respect to conviction and attainder for
treason and felony were abolished as from the 4th of July 1870, except
forfeitures consequent upon the now disused process of outlawry, and the
forfeitures included in the penalties of praemunire.
The term "forfeit" is also applied to penalties imposed by statute for
acts or omissions which are neither treasonable nor felonious. In such
statutes the forfeiture enures in favour of the crown unless the statute
indicates another destination; and unless a particular method of
enforcing the forfeiture is indicated it is enforceable as a debt to the
crown and has priority as such. The words "forfeit and pay" are often
used in imposing a pecuniary penalty for a petty misdemeanour, and where
they are used the court dealing with the case must not only convict the
offender but adjudicate as to the forfeiture.
Statutory forfeitures in some cases extend to specific chattels, e.g. of
a British merchant-ship when her character as such is fraudulently
dissimulated (Merch. Shipp. Act 1894, ss. 70, 76), or of goods smuggled
in contravention of the customs acts or books introduced in violation of
the copyright acts. Recognisances are said to be forfeited when the
conditions are broken and an order of court is made for their
enforcement as a crown debt against the persons bound by them.
The term "forfeiture" is now most commonly used with reference to real
property, i.e. with reference to the rights of lords of the manor or
lessors to determine the estate or interest of a copyholder or lessee
for breach of the customary or contractual terms of tenure. It is also
applied to express the deprivation of a limited owner of settled
property, real or personal, for breach of the conditions by which his
rights are limited; e.g. by becoming bankrupt or attempting to charge or
alienate his interest. As a general rule, the courts "lean against
forfeitures" of this kind; and are astute to defeat the claim of the
superior landlord or other person seeking to enforce them. By
legislation of 1881 and 1892 there is jurisdiction to grant relief upon
terms against the forfeiture of a lease for breach of certain classes of
covenant, e.g. to pay rent or to insure.
Public-domain text, read in full here on John Shaqi.
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