KFLCC Kingdom Law 2nd Ed.

FORESTALLING THE MARKET

512

FORFEITURE

chandise or provision on its way to the mar ket, with the intention of selling it again at a higher price; or the dissuading per sons from bringing their goods or provisions there; or persuading them to enhance the price when there. 4 Bl. Comm. 158. Bar ton v. Morris, 10 Phila. (Pa.) 361. This was formerly an indictable offense in England, but is now abolished by St. 7 & 8 Vict c. 24. 4 Steph. Comm. 291, note. Forestalling differs from "engrossing," in that the latter consists in buying up large quantities of merchandise already on the market, with a view to effecting a monopoly or acquiring so large a quantity as to be able to dictate prices. Both forestalling and engrossing may enter into the manipulation of what is now called a "cor ner." FORESTARIUS. In English law. A forester. An officer who takes care of the woods and forests. De forestario apponen do, a 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 woods, to whom, by reason of his office, per tains 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 de Verb. Sign. FORETHOUGHT FELONY. 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 provisions from any person in fairs or markets before the royal purveyors were served with necessaries for the sovereign. Cowell. Also 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. Cassell v. Oothers, 193 Pa. 359, 44 Atl. 446; State v. De Gress, 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 & O. R, Co., 12 Gill & J. (Md.) 432, 38 Am. Dec. 319. The further ideas connoted by this term are that it is a deprivation, (that is, against the will of the losing party,) and that the property is either transferred to another or resumed by the original grantor. To incur a penalty; to become liable to the payment of a sum of money, as the conse quence of a certain act FORFEITABLE. Liable to be forfeited; subject to forfeiture for non-user, neglect, crime, etc. FORFEITURE. 1. A punishment an nexed by law to some illegal act or negligence

in the owner of lands, tenements, or heredita ments, whereby he loses all his interest there in, and they go to the party injured as a rec ompense for the wrong which he alone, or the public together with himself, hath sus tained. 2 Bl. Comm. 267. Wiseman 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. 3. The loss of lands and goods to the state, as the consequence of crime. 4 Bl. Comm. 381, 387; 4 Steph. Comm. 447, 452; 2 Kent Comm. 385; 4 Kent Comm. 426. Avery y. Everett 110 N. Y. 317, 18 N. E. 148, 1 L. R. A. 264, 6 Am. St Rep. 36a 4. The loss of goods or chattels, as a pun ishment for some crime or misdemeanor in the party forfeiting, and as a compensation for the offense and injury committed against him to whom they are forfeited. 2 Bl. Comm. 42a It should be noted that "forfeiture" is not an identical or convertible term with "confisca tion." The latter is the consequence of the former. Forfeiture is the result which the law attaches as an immediate and necessary conse quence to the illegal acts of the individual; but confiscation implies the action of the state; and property, although it may be forfeited, cannot be said to be confiscated until the government has formally claimed 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 act or of malfeasance or non-feasance. 7. The loss of the right to life, as the con sequence of the commission of some crime to which the law has affixed a capital penalty. 8. The incurring a liability to pay a defi nite sum of money as the consequence of vio lating the provisions of some statute, or re fusal to comply with some requirement of law. State v. Marion County Corners, 85 Ind. 493. 9. A thing or sum of money forfeited. Something imposed as a punishment for an offense or delinquency. The word in this sense is frequently associated with the word "penalty." Van Buren v. Digges, 11 How. 477, 13 L. Ed. 771. 10. In mining law, the loss of a mining claim held by location on the public domain (unpatented) in consequence of the failure of the holder to make the required annual ex penditure upon it* within the time allowed. McKay v. McDougall, 25 Mont 258, 64 Pac 669, 87 Am. St Rep. 395; St John v. Kidd, 26 Cal. 27L —Forfeiture of a bond. A failure to per form the condition on which the obligor was to be excused from the penalty in the bond.—For feiture of marriage. A penalty incurred by a ward in chivalry who married without th« consent or against the will of the guardian. See DUPLEX VALOR MABITAGII.—Forfeiture of silk, supposed to lie in the docks, used, in