Public-domain · open source
OpenJurist

Forfeitures at common law vs. statute

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 12 U.S. 398 - United States v. 1960 Bags of Coffee · 1814Most cited · 78 citing opinions

In all forfeitures accruing at common law, nothing vests in the government until some legal step shall be taken for the assertion of its right; after which, for many purposes, the doctrine of relation carries back the title to the commission of the offence . . . . Where a forfeiture is given by a statute the rules of the common law may be dispensed with, and the thing forfeited may either vest immediately or on the performance of some particular act, as shall be the will of the legislature.