FORFEITURE, is a punishment, an nexed by law to some illegal act or ne gligence in the owner of lands, tenements, or hereditaments, whereby he loses all his interest therein, and they go to the party injured, as a recompense for the wrong which either he alone, or the public together with him, have sustained. The offences which induce a forfeiture of lands and tenements are principally the following: treason, felony, mispri sion of treason, premuni•e, drawing a iveapon on a judge, or striking any one in the presence of the king's court of justice. By the common law, all lands of inheritance, whereof the' offender is seised in his own right, and also all rights of entry to lands in.the hands of a wrong doer, are forfeited to the king on an at tainder of high treason, although the lands are holden of another. Also upon an attainder of petit treason or felony; all lands of inheritance, whereof the of. fender is seised in his own right, as also rights of entry to lands in the hands of a wrong doer, are forfeited to the lord of whom they are immediately holden for this, by the feudal law, was deemed a breach of the tenant's oath of fealty in the highest manner ; his body, with which he had engaged to serve the lord, being forfeited to the king, and thereby his blood corrupted, so that no per son could represent him ; and all person al estates, whether they are in action or possession, which the party has, or is en titled to, in his own right, and not as ex ecutor or administrator to another, are li able to such forfeiture in the following cases : 1st. Upon a conviction of treason or felony 2d. Upon a flight found before the coroner, on view of a dead body. 3d. Upon an acquittal on a capital felony, if the party be found to have fled. 4th.
If any person indicted of petit larceny, and acquitted, be found to have fled for it, he forfeits his goods as in cases of grand 'larceny. 5th. Upon a present ment by the oaths of 12 men, that a per son arrested for treason or felony fled from, 'or resisted those who had him in custody, and was killed by them in the pursuit or scuffle. fith. if a felon waive, that is, 'leave any goods in his flight from those who either pursue him, or are apprehended by him so to do, he forfeits them, whether they are his own goods, or goods stolen by him ; and at common law, if the owner did not pursue and appeal the felon, he lost the goods for ever : but by 21 Hen. VIII. c. 11. for encouraging the prosecution of felons, it is provided, that if the party came in as evidence on the indictment, and attaint the felon, lie shall have a writ of res itution. 7th. If a man be felo de se, he forfeits his goods and chattels. 8th. A convict within clergy forfeits all his goods, though he be burnt in the hand ; yet thereby he becomes capable of purchasing other goods. But, on burning in the hand, he ought to be im mediately restored to the possession of his lands. The forfeiture upon an attain. der of treason or felony shall have vela' tion to the time of the offence, for the avoiding all subsequent alienation of the' lands ; but to the time of conviction, on fugam fecie found, Re. only as to chattels, unless the party were killed in flying from, or resisting those who had arrested him : in which case, it is said that the forfeiture shall relate to the time of the offence.