Forfeit

“ And if he cannot find them, he shall go to the triple ordeal, just as he had (to produce) a triple oath. And if he has previously paid compensation for theft, he shall go to the water ordeal.
He who gives a false judgment shall forfeit his wergeld to his lord, unless he can swear on the holy relics that he did not know how to give a better decision.
No one shall be condemned to death for a trivial crime, but another penalty shall be devised according to the nature and magnitude of the crime.
He who makes an unjust judgment because of rage, malice, or bribery forfeits 40s. ”

“ If a man had per infortunium (or without blame) used the article, the jury found that as a fact, and he was acquitted, [Pg 56] or rather pardoned; but in strict law his goods were forfeit as late as 1828. And not everything causing death was a deodand. If a man fell into the water, was carried under a mill-wheel, and perished, the wheel was forfeit but not the mill. ”

“ We may, however, forfeit them by some offense or crime. If, for example, a man is fined for breaking a law, he loses his right to the money he is obliged to pay. By stealing, he forfeits his liberty, and may be justly imprisoned. By committing murder, he forfeits his right to life, and may be hanged. ”

“ We have had a recent and striking instance of some unfortunate men who have been called upon to pay their lives as the forfeit of their allegiance, in endeavouring to mitigate the rigours of a prison. ”

“ A person who has committed a murder, robbery, or other felony he has committed shall be imprisoned for his natural life and be burned on the hand, because those who have been exiled have disclosed their knowledge of the commodities and secrets of this nation and gathered together to practice archery for the benefit of the foreign realm. If he escapes such imprisonment, he shall forfeit his life. ”

“ A convening authority may not approve in its entirety a sentence adjudged at a special court-martial when, if approved, the cumulative impact of the fine and forfeitures, whether adjudged or by operation of Article 58b, would exceed the jurisdictional maximum dollar amount of forfeitures that may be adjudged at that court-martial.”. ”

“ And whosoever should entertain them, knowing them to be so, should forfeit forty shillings to the country for every hour’s entertaining or concealment; and be committed to prison till the forfeiture should be fully paid and satisfied. And further, that all and every of those people that should arise among them there, should be dealt withal, and suffer the like punishment as the laws provided for those that came in, viz. That for the first offence, if a male, one of his ears should be cut off, and be kept at work in the house of correction, till he should be sent away on his own charge. ”

“ Let him who takes a thief, or to whom one taken is given, and he then lets him go, or conceals the theft, pay for the thief according to his 'wer.' If he be an ealdorman, let him forfeit his shire, unless the king is willing to be merciful to him. ”

“ Anyone who commits a theft, who betrays his lord, who deserts him in a hostile encounter or military engagement, who is defeated in trial by battle or who commits a breach of the feudal bond shall forfeit his land. ”

“ Forfeitures, in many cases of felony, did not attach at common law where the proceeding was in rem until the offender was convicted, as the crown, Judge Story says, had no right to the goods and chattels of the felon, without producing the record of his conviction ”

“ Where the making of a false statement is not only an offence under this Act, but also by virtue of some other Act is a corrupt practice or subjects the offender to any forfeiture or disqualification or to any penalty other than penal servitude, or imprisonment, or fine, the liability of the offender under this Act shall be in addition to and not in substitution for his liability under such other Act. ”

“ Hence, the only forfeiture which, in the nature of things, can, by any possibility, extend beyond the life of the person attainted, is the forfeiture of rights implied in the corruption of blood. But in this country, a man's tights are born with him, and they die with him. His children have the right to inherit what he leaves intestate. But if he leaves nothing which is legally his own, they have no right to what he had previously owned and lost, whether by gift, the misfortunes of business, the waste of prodigality, or the fines and forfeitures consequent upon his crimes. ”

“ And he it further enacted, That any person who shall knowingly and willingly obstruct or hinder such claimant, his agent or attorney, in so seizing or arresting such fugitive from labor, or shall rescue [Pg 55] such fugitive from such claimant, his agent or attorney, when so arrested pursuant to the authority herein given or declared, or shall harbor or conceal such person after notice that he or she was a fugitive from labor as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars. ”

“ Forfeits used to be enforced for breaches of conduct as laid down in laws which were exhibited in a conspicuous manner, and might be read while the customer was awaiting his turn for attention at the hands of the knight of the razor. ”

“ The only mention of informations in the first crimes act of the United States is in the clause providing that no person 'shall be prosecuted, tried, or punished, for an offense not capital, nor for any fine or forfeiture under any penal statute, unless the indictment or information for the same shall be found or instituted within two years from the time of committing the offense, or incurring the fine or forfeiture.' Act April 30, 1790, c. ”

“ FRONTIN: Our marriage is the wisest type.
BELISE: But all my embarrassment is, that by marrying, I must—here's the trouble—, I must pay this forfeiture. What to do? This forfeiture note that I gave to Valere. That crazy sister of mine invented the forfeiture. We made two promissory notes to this cursed nephew. All falls on me, since I am marrying, so I will have to pay up all by myself, and I'm going to have to put up with all kinds of jesting from her. Blush to death.
FRONTIN: While our love remains secret, compose yourself and retrieve your promissory notes from Valere. ”

“ CRIMINAL FORFEITURE ALLEGATION AS TO COUNT SEVENCRIMINAL FORFEITURE ALLEGATION AS TO COUNT SEVEN 55. The United States hereby gives notice to the defendants charged in Count Seven that, upon their conviction of such offense, the government will seek forfeiture in accordance with Title 18, United States Code, Section 98l (a) (l) (C) and Title 28, United States Code, Section 2461 (c) , which require any person convicted of such offense to forfeit any property, real or personal, constituting, or derived from, proceeds obtained directly or indirectly as a result of such offense. ”

“ The Justices, at the Time of granting the Licence, shall take a Recognizance from the Party, not to suffer any unlawful Games, nor other Disorders, in his House; which is to be certified to the Sessions, and the Justices there have a Power to proceed for the Forfeiture [12] .
By the Statute of Jac. I. [13] Alehouse-keepers, who suffer Townsmen to sit tipling (unless in the Cases abovementioned [14] ) forfeit Ten Shillings to the Poor; the Distress to be sold within six Days; and if no Distress can be had, the Party is to be committed till the Forfeiture is paid. ”

“ They passed a fresh penal statute with prohibitions even more emphatically stringent, and decided that "if any man brought into this realm any sentence, summons, or excommunication, contrary to the effect of the statute, he should incur pain of life and members, with forfeiture of goods ”

“ That is, how can those be liable to forfeiture that begin the process. The jest lies in the ambiguity of sue, which signifies to prosecute by law, or to offer a petition.
V.ii.440 (451,9) [you force not to forswear] You force not is the same with you make no difficulty. This is a very just observation. The crime which has been once committed, is committed again with less reluctance. ”

“ Subsequent payment of the duties, therefore, is no defence to an information for a forfeiture founded upon antecedent wrongful acts, as the effect of such wrongful acts, where the forfeiture is made absolute by statute, is to divest the owner of all property in the goods seized and to vest the title to the same in the United States, in case a prosecution ensues, and a decree of condemnation follows, as the decree of condemnation when entered by a court of competent jurisdiction relates back to the date of the wrongful acts as alleged and proved at the trial or in the hearing of the cause. ”

“ By the law of England, informations by the attorney general, without the intervention of a grand jury, were not allowed for capital crimes, nor for any felony, by which was understood any offense which at common law occasioned a total forfeiture of the offender's lands or goods, or both. ”

“ Also, that no manner of person do pick any quarrel, matter, or cause for any old grudge or malice to make any perturbation or trouble, upon pain of five pounds, to be forfeited to the lord, and their bodies to be imprisoned. Also, that none buy or sell in corners, back sides, or hidden places, but in open fair or market, upon pain of forfeiture of all such goods and merchandise so bought and sold, and their bodies to imprisonment. ”

“ Petition for King's Forfeiture rises often there: Petition from Paris Section, from Provincial Patriot Towns; 'from Alençon, Briançon, and the Traders at the Fair of Beaucaire.' Or what of these? On the 3d of August, Mayor Pétion and the Municipality come petitioning for Forfeiture: they openly, in their tricolor Municipal scarfs. Forfeiture is what all Patriots now want and expect. All Brissotins want Forfeiture; with the little Prince Royal for King, and us for Protector over him. Emphatic Fédérés ask the Legislature: 'Can you save us, or not?' Forty-seven Sections have agreed to Forfeiture ”

“ It may be that libels of information for the forfeiture of goods do not require such fullness and particularity of averment as an information for the punishment of a criminal offense, but there is no decision, or even dictum, I have been able to find, that an entire omission of all averment as to the essential fact to be established to justify a forfeiture or conviction is not fatal. ”

“ Against threatened injuries to person or property remedies are provided; and this, it is believed, is the extent to which legislation can legitimately go with respect to intentions, however fraudulent or wicked, so long as they remain undeveloped by action. Penalties and forfeitures are not inflicted at this day in any civilized and free government for the motives with which lawful acts are done. ”

“ It is the property which is proceeded against, and, by resort to a legal fiction, held guilty and condemned as though it were conscious instead of inanimate and insentient. In a criminal prosecution it is the wrongdoer in person who is proceeded against, convicted and punished. The forfeiture is no part of the punishment for the criminal offense. ”

“ And hence likewise may be derived the frequent forfeitures inflicted by the common law, of all a man's goods and chattels, for misbehaviours and inadvertencies that at present hardly seem to deserve so severe a punishment. Our antient law-books, which are founded upon the feodal provisions, do not therefore often condescend to regulate this species of property. ”

“ That is to say to give to a nephew who presses me some wealth to satisfy a mad passion; no I would become your accomplice in authorizing it." And a hundred like remarks, in a somewhat pleasant tone, made against marriage. "Be like us, a forfeiture makes you wise. Imitate our strength of character. One refusal will keep you at least from any forfeiture."
VALERE: What stupid remarks. Always the same rubric. But nothing comes from their gothic spirit. Without worldliness, visiting no one except her sister who is less hard than she is, but crazier from misfortune. ”

“ But it made a fairer show in men’s eyes to undergo forfeiture and banishment in the character of a persecuted confessor than to undergo the same amount of loss in the character of a convicted traitor. ”

“ But under the 66th section no such allegations would be necessary or proper, as the forfeiture immediately attaches to every entry of goods falsely and fraudulently invoiced, without any reference whatever to the mode, or the circumstances under or by which, it is ascertained. ”

“ All offences now capital by the English law are felonies; but there are still some offences, not capital, which are yet felonies, (such as suicide, petty larceny, and homicide by chance medley; [10] ) that is, they subject the committers of them to some forfeiture, either of lands or goods. [11] But the idea of capital punishment has now become so associated, in the English law, with the idea of felony, that if an act of parliament makes a new offence felony, the law implies, that it shall be punished with death, as well as with forfeiture. ”

“ They are forfeitures for acts of omission or neglect. To proceedings to enforce them, the limitation was applied. It was made applicable to no other. The proviso speaks of proceedings to enforce said forfeiture, and plainly contemplates no seizure or forfeiture for any different offence than those previously mentioned in the section. This information is founded upon no such neglect or refusal. The forfeiture claimed is for affirmative acts of the claimants; for active offences first made grounds of forfeiture by the act of 1868. ”