See also:

• FORFEITURE (from " forfeit," originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr. forfeit, from the late Lat. foris factum, a trespass, that which is done foris, outside)

FORFEITURE (from " forfeit," originally an offence, and hence a See also:

• FINE

fine exacted as a See also:

• PENALTY (Lat. poena, punishment)

penalty for such; derived through the O. Fr. forfeit, from the See also:

• LATE

late See also:

• LAT

Lat. foris factum, a trespass, that which is done foris, outside)  , in See also:

• ENGLISH

English See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, the See also:

• TERM

term applied (1) to loss or liability to the loss of See also:

• PROPERTY

property in consequence of an offence or See also:

• BREACH (Mid. Eng. breche, derived from the common Teutonic root brec, which appears in " break," Ger. brechen, &c.)

breach of See also:

• CONTRACT
• CONTRACT (Lat. contract us, from contrahere, to draw together, to bind)

contract; (2) to the property of which the party is deprived . Under the See also:

• COMMON

common law, conviction and See also:

• ATTAINDER (from the O. Fr. ataindre, ateindre, to attain, i.e. to strike, accuse, condemn; Lat. attingere, tangere, to touch; the meaning has been greatly affected by the confusion with Fr. taindre, teindre, to taint, stain, Lat. tingere, to dye)

attainder on See also:

• INDICTMENT (from Anglo-Fr. enditernent, enditer, to charge; Lat. in, against, dictare, declare)

indictment for See also:

• TREASON (Fr. trahison, Lat. traditio)

treason or See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony was followed not only by See also:

• FORFEITURE (from " forfeit," originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr. forfeit, from the late Lat. foris factum, a trespass, that which is done foris, outside)

forfeiture of the See also:

• LIFE

life of the offender, but also by forfeiture of his lands and goods . In the See also:

• CASE
• CASE, JOHN (d. 1600)

case of treason all the traitor's lands of whomsoever See also:

• HOLDEN, HUBERT ASHTON (1822-1896)
• HOLDEN, SIR ISAAC, BART

holden were forfeited to the See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king; in the case of felony (including felo-de-se, or See also:

• SUICIDE (from Lat. sui, of oneself, and cidium, from cued ere, to kill)

suicide), the felon's lands escheated (exceciderunt) to his immediate See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

lord, subject to the king's right to See also:

• WASTE (O. Fr. wast, guast, gast, gaste; Lat. vastus, vast, desolate)

waste them for a See also:

• YEAR

year and a See also:

• DAY (O. Eng. dreg, Ger. Tag; according to the New English Dictionary, " in no way related to the Lat. dies")
• DAY, JOHN (1574-1640?)
• DAY, THOMAS (1748-1789)

day . This See also:

• RULE

rule did not apply to lands held in See also:

• GAVELKIND

gavelkind in the See also:

• COUNTY (through Norm. Fr. comae, cf. O. Fr. cunte, conk', Mod. Fr. comae, from Lat. comitatus, cf. Ital. comitato, Prov. comtat; see COUNT)

county of See also:

• KENT
• KENT, EARLS AND DUKES OF
• KENT, JAMES (1763-1847)
• KENT, WILLIAM (1685-1748)

Kent . The goods of traitors and felons were forfeited to the king . The See also:

• DESIRE

desire of, the king and his See also:

• OFFICERS

officers to realize the profits of these forfeitures was one of the See also:

• CHIEF (from Fr. chef, head, Lat. caput)

chief motives for instituting the circuits of the king's justices throughout See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England; and from See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time to time conflicts arose from attempts by these justices to extend the law of treason—under which the king levied all the forfeitures—at the expense of felony, in which the lord of the felon benefited by the escheats . As regards See also:

• THEFT

theft, the king's rights overrode those of the owner of the stolen property, until, in the reign of See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry VIII., See also:

• PROVISION (Lat. provisio)

provision was made for restitution of the goods to the owner if he prosecuted the thief to conviction . In See also:

• PEPYS, SAMUEL (1633-1703)

Pepys's See also:

• DIARY

Diary, 21st of See also:

• JANUARY

January 1667-1668, will be found an See also:

• ILLUSTRATION

illustration of the working of the old law . We find that on the suicide of his See also:

• BROTHER

brother-in-law, Pepys at once applied to the king personally and obtained a See also:

• GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
• GRANT, ANNE (1755-1838)
• GRANT, CHARLES (1746-1823)
• GRANT, GEORGE MONRO (1835–1902)
• GRANT, JAMES (1822–1887)
• GRANT, JAMES AUGUSTUS (1827–1892)
• GRANT, ROBERT (1814-1892)
• GRANT, SIR ALEXANDER
• GRANT, SIR FRANCIS (1803-1878)
• GRANT, SIR JAMES HOPE (1808–1895)
• GRANT, SIR PATRICK (1804-1895)
• GRANT, U
• GRANT, ULYSSES SIMPSON (1822-1885)

grant of the brother-in-law's See also:

• ESTATE (through O. Fr. estat, mod. flat, from Lat. status, state, condition, position, stare, to stand)

estate in favour of his widow and See also:

• CHILDREN, LAW RELATING TO

children should the See also:

• INQUEST (O. Fr. enqueste, modern enqueete, from Lat.inquisitum, inquirere, to inquire)

inquest find a See also:

• VERDICT (O. Fr. verdit, Lat. vere dictum, truly said, used in Late Latin in one word with its present significance)

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 See also:

• PEINE

peine forte et dure, until See also:

• DEATH

death supervened, to avoid these consequences of conviction . The royal rights to forfeitures arising within particular areas were frequently granted by See also:

• CHARTER (Lat. charta, carta, from Gr. Xap-rns, originally for papyrus, material for writing, thence transferred to paper and from this material to the document, in O. Eng. boc, book)

charter to corporations or individuals . In 1897 the courts had to interpret such charters granted to the See also:

• TOWN

town of See also:

• NOTTINGHAM
• NOTTINGHAM, CHARLES HOWARD, 1ST EARL OF1 (1536-1624)
• NOTTINGHAM, EARLS 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 See also:

• JULY

July 187o, except forfeitures consequent upon the now disused See also:

• PROCESS

process of See also:

• OUTLAWRY

outlawry, and the forfeitures included in the penalties of See also:

• PRAEMUNIRE (Lat. praemonere, to pre-admonish or fore-warn)

praemunire . The term " forfeit " is also applied to penalties imposed by See also:

• STATUTE

statute for acts or omissions which are neither treasonable nor felonious . In such statutes the forfeiture enures in favour of the See also:

• CROWN

crown unless the statute indicates another destination; and unless a particular method of enforcing the forfeiture is indicated it is enforceable as a See also:

• DEBT (Lat. debitum, a thing owed)

debt to the crown and has priority as such . The words " forfeit and pay " are often used in imposing a pecuniary See also:

• PENALTY (Lat. poena, punishment)

penalty for a See also:

• PETTY, SIR WILLIAM (1623-1687)

petty See also:

• MISDEMEANOUR (from O. Fr. mes- and demener, to conduct oneself ill)

misdemeanour, and where they are used the See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

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 See also:

• BRITISH

British See also:

• MERCHANT (O. Fr. marcheant, modern marchand; from Lat. mercari, to trade, merx, goods, merchandise)

merchant-See also:

• SHIP

ship when her See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character as such is fraudulently dissimulated (Merch . Shipp . See also:

• ACT (Lat. actus, actum)

Act 1894, SS . 70, 76), or of goods smuggled in contravention of the customs acts or books introduced in violation of the See also:

• COPYRIGHT

copyright acts . Recognisances are said to be forfeited when the conditions are broken and an See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order of court is made for their enforcement as a crown debt against the persons See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

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 See also:

• MANOR

manor or lessors to determine the estate or See also:

• INTEREST

interest of a copyholder or lessee for breach of the customary or contractual terms of See also:

• TENURE (Fr. tenure, from Lat. tenere, to hold)

tenure . It is also applied to See also:

• EXPRESS (through the French from the past participle of the Lat. exprimere, to press out, by transference used of representing objects in painting or sculpture, or of thoughts, &c. in words)

express the deprivation of a limited owner of settled property, real or See also:

• PERSONAL

personal, for breach. of the conditions by which his rights are limited; e.g. by becoming bankrupt or attempting to See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge or alienate his interest . As a See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general rule, the courts " lean against forfeitures " of this See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind; and are astute to defeat the claim of the See also:

• SUPERIOR

superior landlord or other See also:

• PERSON, OFFENCES AGAINST THE

person seeking to enforce them .

By legislation of 1881 and 1892 there is See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction to grant See also:

• RELIEF

relief upon terms against the forfeiture of a See also:

• LEASE (derived through the Fr. from the Lat. laxare, to loosen)

lease for breach of certain classes of See also:

• COVENANT
• COVENANT (an O. Fr. form, later convenant, from convenir, to agree, Lat. convenire)

covenant, e.g. to pay See also:

• RENT

rent or to insure .