Skeat; 1 Bl

Com. 299. • [Walter v. Smith, 5 B. & Aid. 167 (1822), Best, J. ' Taylor v. The Marcella, 1 Woods, 304(1873;; 17 Barb. illegal act or negligence in the owner of lands, tenements, or hereditaments, whereby he loses all his interest therein, and they go to the party injured, as a recompense for the wrong which either he alone or the public together with himself has sustained, i Forfeitures were called bo'na confiscata by the civilians, because they belonged to the fiscus or imperial treasury; and now, by us, foris facta, that is, such, whereof the property is gone away or departed from the owner. 2 Compare Confiscate. Forfeitures of estates were for breaches of the condition that the tenant should not do any act incompatible with the estate.' A penalty by which one loses his rights and interest in his property.* Property rights are forfeitable: by commission of crime; by alienation contrary to law fas, in mortmain, to an alien); by non-perfoi^ianoe of a condition; by waste; and by bankruptcy.^ Goods and chattels were totally forfeited by conviction of treason, misprision of treason, felony, petit larceny, flight upon charge of treason, etc.* In theory, the guilty person wholly abandoned his connection with society.' At common law, a forfeiture transferred title to the sovereign. In a statute, may mean that the State by ' indictment shall recover a sum to be levied of the person's property as a "fine." ^ " Forfeiture " has frequently been spoken of as equivalent to conveyance or grant.* Forfeitures are not favored. They are often the means of oppression and injustice. Hence, the courts are prompt to seize upon any circumstances that indicate an election to waive a forfeiture; as, the course of action of an insurance company. Where adequate compensation can be made, the law in many cases, and equity in all cases, discharges the forfeiture, upon such compensation being made.'," Equity never lends its aid to enforce a forfeiture or penalty." A clause of forfeiture in a law is construed differently from a similar clause in an engagement between individuals. A legislature always imposes a forfeiture ' 2 Bl. Com. 207. ' 1 Bl. Com. 299. See 1 Kent, 67; 1 Story, 134; 13 Pet. 157. S2B1. Com. 153. * Gosselink v. Campbell, 4 Iowa, 300 (1856). » See 2 Bl. Com. 267; 20 How. Pr. 370. 8 2 Bl. Com. 431. '3B1. Com. 299; 4 id. 381. 8 Commonwealth v. Avery, 14 Bush, 638 (1879). » Wallach v. Van Eiswick, 92 U. S. 211 (1875), cases. Strong, J. '"Knickerbocker Life Ins. Co. ii. Norton, 96 U. S. 239, 242 (1877), cases, Bradley, J.; Ins. Co. v. Eggleston, ib. 577 (1877); Olmstead v. Farmers' Mut. Fire Ins. Co., 60 Mich. 306 (1883). " Marshall v. Vicksburgh, 15 Wall. 149 (1872), cases; as a punishtnent inflicted for a violation of some duty enjoined bylaw; whereas individuals can only make it a matter of contract. ^ Provisions for forfeiture are regarded with disfavor and construed with strictness — when applied to contracts, and the forfeiture relates to a matter admittiuK of compensation or restoration; but there is no leaning against a forfeiture intended to secure the construction of public works where compensation cannot be made for the default, nor where the forfeiture is imposed by positive law.' Where an act woi-ks a forfeiture of goods, the government may at once seize them.^ Where an absolute forfeiture is the penalty, title accrues in the government when the penal act is committed. But where the forfeiture is in the alternative (property, or its value), title does not vest till an election is made.' "Where property is seized for condemnation for forfeiture, some notification of the proceedings, beyond the mere seizure, may be necessary.* Failure to pay a premium of life insurance (g. i;.) at the time specified involves an absolute forfeiture, for which, unless waived by the company, relief cannot be had." See War. Forfeitures for common-law offenses have been generally abolished. See Attainder; Bond; Charter, 2; Condition; Dowek; Felony; Land, Public; Pardon; Penalty; Becognizance; Search-warrant.

Defined under Forfeit in A Dictionary of Law.