Page:Black's Law Dictionary (Second Edition).djvu/520

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


FORESTALLING THE MARKET

chandise or provision on its way to the mar- ket, with the intention of selling it agam at a higher price; or the dissuafllng persons from bringing their goods or provisions there; or persuading them to enhance the pure when there. -i Bl. Comm. 158. Barton v Morris, 10 Phila. (Pa.) 361. This was foimerlv an indjctalnic offense in England, but is now abolished by St. 7 8: 8 Vict. c. 24. 4 Steph. Comm. 291, note.

Forestaliing differs from “engrossing," in that the lattei consists in buying up large quantities of merthnndise already on the market with a view to effecting a monopoly or acquiring so large a quantity as to be able to dictate ]ili(.'l§S. Both forestniling and engrossing may enter into the ‘manipulation of what is now called a "corner. '

FORESTARIUS. In English law. A forester. An officer wiio takes care of the woods and foiests. De forcslario opponen- Ilo, :1 writ which lay to appoint a forester to prevent further commission of waste when a tenant in dower had committed waste. Bract. 316; Du Cange.

In Scotch law. A forester or keeper of wooils, to whom, by reason of his ollice, pertains the bark and the hewn branches. And, when he rides through the forest, he may take a tree as high as his own head. Skene do Verb. Sign.

FORETHOUGHT Fl-ILONY. In Scotch law. Murder committed in consequence of a previous design. Ersk. Inst. 4, 4, 50; Bell.

FORFANG. in old English law. The taking of proiisions from any person in fairs or markets before the royal purveyors were served with necessaries for the sovereign. Cowell. Aim the seizing and rescuing of stolen or strayed cattle from the hands of a thief, or of those having illegal possession of them; also the reward fixed for such rescue.

FORFEIT. To lose an estate, a franchise, or other property belonging to one, by the act of the law, and as a consequence of some misfeasance, negligence, or omission. Cnsseil v. Crothers. 193 Pu. 359. 44 Atl. 4-1-6; State v. De Gross, 72 Tex. 242., 11 S. W. 1029; State V Walbridge, 119 Mo. 383, 24 S. W. 457. 41 Am. St. Rep. 663: State v. Baltimore 8: 0. IL (34).. 12 Gill 8: J. (M11) 432, 38 Am. Dec. 319. The fui ther ideas connoted by this term are that it is a deprivation, (that is. against the ivlll of the losing party,) and that the property is either transferred to another or resumed by the original grautor.

To incur a penalty; to become liable to the payment of a SL111] of money, as the conse- quence of s certain act.

FORFIIETABLE. Liable to be forfeited; subject to forfeiture for non-user, neglect, crime, etc.

FORFEITURE. 1. A punishment snnexed by law to some illegal act or negligence

512

FORFEITURE

in the owner of lands, tenements, or heredita- ments, whereby he loses all his interest there- in, snd they go to the party injured as 1: recompense for the wrong which he alone, or the public together with himself, hath sustnincd. 2 Bl. Comm. 267. Wisemnn v. Mc- nulty, 25 Cal. 237.

2. The loss of land by a tenant to his lord. as the consequence of some breach of fidelity. 1 Steph. Comm. 166.

9. The loss of lands and goods to the state, as the consequence of crime. -1 Bl. Comm. 381. 387 - -.1 Steph. Comm. -1-17, 4.32, 2 lient, Comm. 3 4 Kent, Comm. 4'.£li. Avery V. Everett, 110 N. X. 317, 18 N. E. 148, 1 L. IL A. 6 Am. St. Ilep. 368.

4. The loss of goods or chattels, as 1 pure lsluiient for some crime or misdemeanor in the party forfeiting, and as a compensation for the otrense and injury committed against him to whom they are forfeited. 2 B1. (‘.omm. 420.

It ahouid be noted that "forfeiture" is not an ldenhcal or convertible term with “confiscation." The latter is the consequence of the formcr. Forfeiture is the result which the law nttacbcs as an immediate and necessary conse- quence to the iiiegul acts of the individuai; but confiscation implies the action of the state; and property, aitbougb it may be forfeited, cannot be said to be confiscated until the government has formally cinimed or taken possession of it.

5. The loss of office by abuser. non-user, or refusal to exercise it.

6. The loss of a corporate franchise or charter in consequence of some illegal sci, or of nialfeasallce or non-feasance.

7. The loss of the right to ltfe, as the consequence of the commission of some crime to which the law has aiiixed a capital penalty.

8. The incurring a liability to pay a defl- nite sum of money as the consequence of via- lating the provisions of some statute, or refusal to comply with some requirement of law. State v. Marion County Gom'rs, S5 Ind. 493.

9. A thing or sum of money forfeited. Something imposed as a punishment for an offense or deiinquency. The word in this sense is frequently associated with the word “pena]ty." Van Buren v. Digges, 11 How. 477, 13 L. Ed. 771.

10. In mining law, the loss of a mining ciniin held by location on the public domain (unpatented) in consequence of the failure of the holder to make the required annual expenditure upon it within the time allowed. McKay v. Mcbougali, 25 Mont. 258, 64 Pat. 669. 87 Am. St. Rep. 395; St. John v. Kidd, 26 Cal. 271.

—Fo1-feitnro of a. bond. A foiiure to perform the condition on which the obl_i,r:nr was to be excused from the penalty in the b(Ind.--I‘orfeiture of nlarriage. A penalty incurred by a ward in chivairy who married without thl consent or against the will of the guardian. See I)UPLEX Y.-\Loiz ]\’[ABITAGII.—I'ul.'feitul‘r

of silk, supposed to lie in the docks, used, in