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Forfeit - Law Dictionary Search Results

Home Dictionary Name: forfeit Page: 2

Deodand

A personal chattel which had caused the death of a person and for that reason was given to God that is forfeited to the crown to be applied to pious uses and distributed in alms by the high almoner Thus if a cart ran over a man and killed him it was forfeited as a deodand...


Kennelworth edict

Kennelworth edict (dictum sive edictum de Kennelworth). An edict or award between Henry III and those who had been in arms against him; so called because made at Kenilworth Castle in Warwickshire, anno 51 Hen. 3, A.D. 1266. It contained a composition of those who had forfeited their estates in that rebellion, which composition was five years' rent of the estate forfeited, Hale's Hist., p. 10, n. (d)....


Forfeiture

Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...


Wreck

Wreck, such goods, including the ship or cargo or any part [(English) Merchant Shipping act, 1894 (57 & 58 Vict. c. 60], ss. 518 to 522, and Hals. L. E., sub tit. 'Shipping'; Part XII., 'Wreck,'), as, after a shipwreck, are afloat or cast upon the land by the sea. According to an old definition (Jacob's Law Dict., tit. 'Wreck') they were not wrecks so long as they remained at sea in the jurisdiction of the Admiralty. By s. 510 of the (English) Merchant Shipping Act, 1894, 'wreck' includes in that Act 'jetsam, flotsam, and derelict found in or on the shores of the sea or any tidal water.'The term is used in several senses, e.g., a ship which is so damaged as to be unable to continue her voyage is a 'wreck' for the purposes of s. 158 of the M.S. Act, 1894; and Barras v. Aberdeen Steam Trawlers, 1933, AC 402, under the (English) Merchant Shipping (International Labour Conventions) Act, 1925 (15 & 16 Geo. 5, c. 42); The Olympic, 1913 P. 92. The old distinction appears to be that if propert...


Forfeiture of shares

Forfeiture of shares. The number of shares forfeited by a limited company must be stated in the annual return (Companies Act, 1929, ss. 106, 110), and see Articles 23 to 29 of Table A., which enable directors to forfeit shares of a member failing to pay calls or instalments or any other sum payable in respect of a share, see Hopkinson v. Mortimer, Harley & Co., (1917) 1 Ch 646....


Forfeit

Injury wrong mischief...


Handy dandy

A childs play one child guessing in which closed hand the other holds some small object winning the object if right and forfeiting an equivalent if wrong hence forfeit...


Alien enemy

Alien enemy, a subject of a nation which is at war with this country. A contract with him is void, Brandon v. Nesbitt, (1794) 6 TR 23, unless he have a safe conduct or be living in this country by licence of the Crown; and so is a contract with his wife, De Wahl v. Braune, (1856) 25 LJ Ex 343. Further, not only commercial intercourse but all intercourse with an alien enemy is prohibited by the common law; see The Hoop, (1799) 1 C Rob 196, where Sir William Scott described an alien enemy as 'totally ex lege'; The Cosmopolite, (1801) 4 C Rob 8; The Panariellos, (1915) 138 LT Journ 484. Nor can an alien enemy exercise a right of voting in respect of shares in an English company, Robson v. Premier Oil Co., 1915 (2) Ch 124, nor (unless within the realm by the King's licence) can he sue here during the war, though he remains liable to be sued, Porter v. Freudenbery, 1915 (1) KB 857. As to the Crown's right at common law to forfeit the private property of subjects of an enemy state, see In re...


Arierban, or Arriee-Ban

Arierban, or Arriee-Ban [according to Casseneuve, ban denotes the convening of the noblesse or vassals, who held fees immediately of the Crown; and arriere, those who only held of the Crown mediately], an edict of the ancient kings of France and Germany, commanding all their vassals, the noblesse, and the vassals' vassals, to enter the army, or forfeit their estates on refusal, Spelm....


Conduct-money

Conduct-money, money paid to a witness for his travelling expenses. Testes qui postulat debet dare eis sumptus competentes. (He who requires witnesses must find their expenses to a sufficient extent.)-Reg. Jur. Civ. A witness whose expenses are not paid may refuse to give evidence, it being provided by the still unrepealed 5 Eliz. c. 9, that a witness 'having tendered to him, according to his countenance or calling, such reasonable sums of money' for his expenses, 'as having regard to the distance of the places is necessary,' is to forfeit 10l., and yield further recompense to the party grieved, etc.; and see Hallett v. Mears, (1810) 13 East 15; 12 RR 296, and note to the effect that unless the whole necessary expenses of the journey to and from the place of trial, and of the witness's necessary stay there, be tendered with the subp'na, the Court will not grant a subp'na for the non-attendance of the witness at the place of trial....



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