| 单词 | FORFEITURE |
| 释义 | 1. A punishment annexed by law to some illegal act or negligencein the owner of lands, tenements, or hereditaments, whereby he loses all his interesttherein, and they go to the party Injured as a recompense for the wrong which healone, or the public together with himself, hath sustained. 2 Bl. Comm. 207. Wisemanv. Mc- nulty, 25 Cal. 237.2. The loss of land by a tenant to his lord, as the consequence of some breach offidelity. 1 Steph. Comm. 100.3. 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. 420.Avery v. Everett 110 N. Y. 317, IS N. E. 14S, 1 L. It. A. 204, 0 Am. St. Rep. 308.4. The loss of goods or chattels, as a punishment for some crime or misdemeanorin the party forfeiting, and as a compensation for the offense and injury committedagainst him to whom they are forfeited. 2 Bl. Comm. 420.It should be noted that “forfeiture” is not an identical or convertible term with”confiscation.” The latter is the consequence of the former. Forfeiture is the resultwhich the law attaches as an immediate and necessary consequence to the illegal actsof the individual; but confiscation implies the action of the state; aud property, althoughit may be forfeited, cannot be said to be confiscated until the government has formallyclaimed or takeu possession of it.5. The loss of ollice 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 consequence of the commission of some crimeto which the law has affixed a capital penalty.8. The incurring a liability to pay a definite sum of money as the consequence ofviolating the provisions of some statute, or refusal to comply with some requirement oflaw. State v. Marion County Com’rs, 85 Ind. 403.9. A thing or sum of money forfeited. Something imposed as a punishment for anol’i'ense or delinquency. The word in this sense is frequently associated with the word”penalty.” Van Buren v. Digges, 11 How. 477, 13 L. E(l. 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 annualexpenditure upon it within the time allowed. McKay v. McDougall, 25 Mont. 258, 04 Pac.009. 87 Am. St Itep. 395; St. John v. Ividd, 20 Cal. 271. |
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