Forfeiture (law)

“ In some of the states, the man who sells liquors without due license, not only forfeits the liquors, to be sold again by public authority or to be destroyed, but he is also liable to punishment by fine or imprisonment, or both, besides the loss of his property, (the liquor) , by forfeiture. So, again, a forger may have many valuable tools, but the forfeiture of them is considered, in the eye of the law, as no part of the punishment of his crime. ”

“ That a forfeiture had been actually incurred under the statute of 1794, ch. 50.-2. That it was competent for a state court of common law to entertain and decide the question of forfeitures. 3. That the sentence of acquittal in the district court was not conclusive upon the question of forfeiture; and, 4. That the defendants as officers of the customs, had a right to make the seizure.
Upon the last point, there does not seem to be much room for doubt. At common law, any person may at his peril, seize for a forfeiture to the government ”

“ It has been argued indeed that it was not the intention of the framers of the Constitution to prohibit perpetual forfeiture of property from being 'declared' by Congress, but only to prohibit 'attainder of treason' from 'working' of itself that effect by necessary consequence—as it did under the Common Law of England. It has also been argued that the constitutional restriction does not relate to perpetuity of forfeiture, but only requires that the forfeiture or act of alienation take place, have effect, and be accomplished 'during the life of the person attainted,' and not after his death. ”

“ We conclude that the common law as received in this country at the time of the adoption of the Constitution gave a remedy in rem in cases of forfeiture, and that it is a 'common law remedy' and one which 'the common law is competent to give' within the meaning of § 9 of the Judiciary Act of 1789. By that Act the states were left free to provide such a remedy in forfeiture cases where the articles are seized upon navigable waters of the state for violation of state law. ”

“ It is elementary law that forfeitures are not favored, and that provisions for forfeiture must be strictly construed. The authorities also hold that these principles are applicable to forfeitures in insurance policies; that the provisions for forfeiture are inserted for the benefit of the companies and may be waived by them; and that courts will find a waiver upon slight evidence. [8]
Now, let us see how the company itself applied these principles to the facts of this case.
The company asserts by its special pleas that the policy was issued and delivered to the defendant April 6th, 1867 ”

“ It is true that if the prosecution in the courts of one country for a violation of its municipal law is in rem, to obtain a forfeiture of specific property within its jurisdiction, a judgment of forfeiture, rendered after due notice, and vesting the title of the property in the state, will be recognized and upheld in the courts of any other country in which the title to the property is brought in issue. ”

“ The whole argument turns upon this, that if the custom-house officers have not pursued the steps authorized by law to be pursued by them, by directing an appraisement of the goods, in cases where they have a suspicion of illegality or fraud, or no invoices are produced, but their suspicions are lulled to rest, the goods are untainted by the forfeiture, the moment they pass from the custom-house. ”

“ To such proceedings all persons having an interest or title in the subject matter are, as we have already stated, in law, deemed parties; and the decree of the court is conclusive upon all interests and titles in controversy before it. The title of forfeiture is necessarily in controversy in a suit to establish that forfeiture; and therefore all persons having a right or interest in establishing it (as the seizing officer has) are, in legal contemplation, parties to the suit. It is a great mistake to consider the seizing officer as a mere stranger to the suit. ”

“ In respect to the other point, it is a general rule, that any person may seize any property forfeited to the use of the government, either by the municipal law, or by the law of prize, for the purpose of enforcing the forfeiture. ”

“ Norton (supra, p. 234) , shown that forfeitures are not favored in the law; and that courts are always prompt to seize hold of any circumstances that indicate an election to waive a forfeiture, or an agreement to do so on which the party has relied and acted. ”

“ To inflict a forfeiture of a vessel on account of the misconduct of those on board-treating the thing as liable to forfeiture, because the instrument of the offence is within established principles of legislation, which have been applied by most civilized governments. The Malek Adhel, 2 How. 233-4, and cases there cited. Our opinion is, that so much of this law as appears by the record to have been applied to this case by the court below, is not repugnant to the clause in the constitution of the United States which confers on congress power to regulate commerce. ”

“ The statute giving the Commissioner authority to declare a forfeiture merely supplied a more effective way of enforcing the State's common-law right of rescission.↑ The provisions dealing with forfeiture, which is one of the State's remedies in case of breach, and reinstatement, which is the purchaser's remedy to cure his breach, both operate on the rights of a party after breach and thus concern the enforcement of the contract. In this sense they are remedial and the statute of repose challenged here is an alteration of remedy rather than obligation.↑ Texas Constitution, art. ”

“ On the contrary, no human legislature has power to abridge or destroy them, unless the owner shall himself commit some act that amounts to a forfeiture. Neither do divine or natural duties (such as, for instance, the worship of God, the maintenance of children, and the like) receive any stronger sanction from being also declared to be duties by the law of the land. The case is the same as to crimes and misdemesnors, that are forbidden by the superior laws, and therefore stiled mala in se, such as murder, theft, and perjury ”

“ A ship licensed for the coasting trade may be forfeited if she engages in any other, and many penalties may be inflicted upon the vessel for acts of which the owner is entirely innocent. Similarly a false oath made in order to obtain the registry of a vessel, or any other fraud for the purpose of obtaining registry, enrollment or licenses will result in her forfeiture, and so will a sale to an alien without complying with the provisions of the statutes (Chapter 11, § 10, supra) . ”

“ But the point to which the attention of the court is particularly called, is the care with which the right to confiscate property, by proceedings in rem, in confined to cases 'on the revenue side of the Exchequer,' in which 'the thing is considered as primarily the offender.' In the present case it is not pretended that the houses and lots seized, have committed the offence for which their forfeiture is demanded, or have been in any manner instrumental in, or connected with, the said offence. ”

“ We are also clearly of opinion that proceedings instituted for the purpose of declaring the forfeiture of a man's property by reason of offenses committed by him, though they may be civil in form, are in their nature criminal. In this very case the ground of forfeiture, as declared in the twelfth section of the act of 1874, on which the information is based, consists of certain acts of frand committed against the public revenue in relation to imported merchandise, which are made criminal by the statute ”

“ It is true that where the United States, having possession of property, files a libel to enforce a forfeiture resulting from a violation of its laws, the fact that the possession was acquired by a wrongful act is immaterial. ”

“ When a forfeiture has been incurred by reason of a fraud, not even the secretary of the treasury and collector of the customs are authorized to remit or mitigate it, much less the appraisers and other subordinate officers of the collection of the revenue. ”

“ The same act declares, in its fourteenth section, [3] that if any goods or commodities, upon which a tax is imposed, or the materials, utensils, or vessels, proper or intended to be used in their manufacture, are removed, deposited, or concealed in any place, 'with intent to defraud the United States of such tax, or any part thereof,' they shall be forfeited to the United States. And it is upon the language of this section, as applied to the facts admitted by the parties, that the majority of the court found the decree of forfeiture. ”

“ There can be no doubt, that if captors are guilty of gross misconduct, or laches, in violation of their duty, courts of prize will visit upon them the penalty of a forfeiture of the rights of prize, especially where the government chooses to interpose a claim to assert such forfeiture. ”

“ But a review of the legislative history of the Act demonstrates that the Act does not seek forfeiture of property for its own sake merely to maximize the amount of money the Government collects. [7] The central purposes of the Act, properly understood, are fully served by an approach to forfeiture that leaves ample room for the exercise of statutory discretion.
Congress' most systematic goal for criminal forfeiture was to prevent the profits of criminal activity from being poured into future such activity, for "it is through economic power that [criminal activity] is sustained and grows." ”

“ If defendants have a right to spend forfeitable assets on attorney's fees, why not on exercises of the right to speak, practice one's religion, or travel? The full exercise of these rights, too, depends in part on one's financial wherewithal; and forfeiture, or even the threat of forfeiture, may similarly prevent a defendant from enjoying these rights as fully as he might otherwise. Nonetheless, we are not about to recognize an antiforfeiture exception for the exercise of each such right; nor does one exist for the exercise of Sixth Amendment rights. ”

“ 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. ”

“ That case is an authority for the proposition that if the present defendants had been proceeded against criminally on account of the same acts and facts that must be shown in order to sustain this action under the statute of 1890, and had been acquitted, the verdict and judgment of acquittal would have barred a subsequent civil proceeding, based on the same acts and facts, and instituted to enforce a forfeiture, or to recover the value of the merchandise forfeited. ”

“ 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 ”

“ The common system of land tenure all over the State is ryotwari, and by this system each field is considered a holding, and the right of occupancy depends on the regular payment of the assessment. Non-payment of rent means forfeiture of the right to the land, which is then sold to pay the arrears.
If the rent is paid regularly, the ryot, although the period of holding is nominally for one year only, retains his land indefinitely. He may sell, sub-let, or transfer his right to the land and relinquish his holding by giving due notice. ”

“ The statute should be liberally construed to effect the ends for which it was passed; but a forfeiture under its provisions should not be declared, unless the facts upon which it must rest are clearly established. ”

“ A 'forfeiture' is a penalty by which one loses his rights and interest in his property." Gosselink v. Campbell, 4 Iowa 296, 300 (1856) (emphasis added) . Hence, around the time of the framing and enactment of the Eighth Amendment some courts and commentators believed that the word "fine" encompassed civil penalties.
In my view, the $6 million award of punitive damages imposed on BFI constitutes a fine subject to the limitations of the Eighth Amendment. In current usage, the word "fine" comprehends a forfeiture or penalty recoverable in a civil action. ”

“ Always joking she is more crazy than funny. Do you recognize her, sir? She's your aunt.
VALERE: It's herself. Well, you are telling me you won money from my aunt at cards?
FRONTIN: A little. But I won more of her heart. She adores me.
VALERE: She loves you!
FRONTIN: Yes, sir. And better yet. She wants to marry me.
VALERE: Great.
FRONTIN: Your valet Frontin could become your uncle or uncle in law tomorrow.
VALERE: What! Seriously?
FRONTIN: The lady is serious. I have the looks to make an old woman amorous.
FRONTIN: Without doubt. But still, to marry you must know the man. ”

“ 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. ”