forfeiture 音标拼音: [f'ɔrfətʃɚ]
n . 没收物,罚金,丧失
没收物,罚金,丧失
forfeiture n 1 :
something that is lost or surrendered as a penalty ; [
synonym :
{
forfeit }, {
forfeiture }]
2 :
a penalty for a fault or mistake that involves losing or giving up something ; "
the contract specified forfeits if the work was not completed on time " [
synonym : {
forfeit },
{
forfeiture }]
3 :
the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform etc . [
synonym :
{
forfeit }, {
forfeiture }, {
sacrifice }]
Forfeiture \
For "
fei *
ture \ (?;
135 ),
n . [
F .
forfeiture ,
LL .
forisfactura .]
1 .
The act of forfeiting ;
the loss of some right ,
privilege ,
estate ,
honor ,
office ,
or effects ,
by an offense ,
crime ,
breach of condition ,
or other act .
[
1913 Webster ]
Under pain of foreiture of the said goods .
--
Hakluyt .
[
1913 Webster ]
2 .
That which is forfeited ;
a penalty ;
a fine or mulct .
[
1913 Webster ]
What should I gain By the exaction of the forfeiture ? --
Shak .
Syn :
Fine ;
mulct ;
amercement ;
penalty .
[
1913 Webster ]
38 Moby Thesaurus words for "
forfeiture ":
amercement ,
bereavement ,
cost ,
damage ,
damages ,
dead loss ,
debit ,
denial ,
denudation ,
deprivation ,
despoilment ,
destruction ,
detriment ,
dispossession ,
distraint ,
distress ,
divestment ,
escheat ,
escheatment ,
expense ,
fine ,
forfeit ,
injury ,
loser ,
losing ,
losing streak ,
loss ,
mulct ,
perdition ,
privation ,
robbery ,
ruin ,
sacrifice ,
sconce ,
spoliation ,
stripping ,
taking away ,
total loss FORFEITURE ,
punishment ,
torts .
Forfeiture is a punishment annexed by law to some illegal act ,
or negligence ,
in the owner of lands ,
tenements ,
or hereditaments ,
whereby he loses all his interest therein ,
and they become vested in the party injured ,
as a recompense for the wrong which he alone ,
or the Public together with himself ,
hath sustained .
2 Bl .
Com .
267 .
2 .
Lands ,
tenements and hereditaments ,
may be forfeited by various means :
1 .
By the commission of crimes and misdemeanors .
2 .
By alienation contrary to law .
3 .
By the non -
performance of conditions .
4 .
By waste .
3 . -
1 .
Forfeiture for crimes .
By the Constitution of the United States ,
art .
3 ,
s .
3 ,
it is declared that no attainder of treason shall work corruption of blood ,
or forfeiture ,
except during the life of the person attainted .
And by the Act of April 30 ,
1790 ,
s .
24 ,
1 Story '
s Laws U .
S .
88 ,
it is enacted ,
that no conviction or judgment for any of the offences aforesaid ,
shall work corruption of blood ,
or any forfeiture of estate .
As the offences punished by this act are of the blackest dye ,
including cases of treason ,
the punishment of forfeiture may be considered as being abolished .
The forfeiture of the estate for crime is very much reduced in practice in this country ,
and when it occurs ,
the stater takes the title the party had ,
and no more .
4 Mason '
s R .
174 ;
Dalrymple on Feudal Property ,
c .
4 ,
p .
145 -
154 ;
Fost .
C .
L .
95 .
4 . -
2 .
Forfeiture by alienation .
By the English law ,
estates less than a fee may be forfeited to the party entitled to the residuary interest by a breach of duty in the owner of the particular estate .
When a tenant for life or years ,
therefore ,
by feoffment ,
fine ,
or recovery ,
conveys a greater estate than he is by law entitled to do ,
he forfeits his estate to the person next entitled in remainder or reversion .
2 Bl .
Com .
274 .
In this country ,
such forfeitures are almost unknown ,
and the more just principle prevails ,
that the conveyance by the tenant operates only on the interest which he possessed ,
and does not affect the remainder -
man or reversioner .
4 Kent ,
Com .
81 ,
82 ,
424 ;
1 Hill .
Ab .
c .
4 ,
s .
25 to 34 ;
3 Dall .
Rep .
486 ;
5 Ohio ,
R .
30 .
5 . -
3 .
Forfeiture by non -
performance of conditions .
An estate may be forfeited by a breach ,
or non -
performance of a condition annexed to the estate ,
either expressed in the deed at its original creation ,
or impliedly by law ,
from a principle of natural reason .
2 Bl .
Com .
281 ;
and see Ad Eject .
140 to 173 .
Vide article Reentry ;
12 Serg . &
Rawle ,
190 .
6 . -
4 .
Forfeiture by waste .
Waste is also a cause of forfeiture .
2 Bl .
Com .
283 .
Vide article Waste .
7 .
By forfeiture is also understood the neglect of an obligor to fulfill his obligation in proper time :
as ,
when one has entered into a bond for a penal sum ,
upon condition to pay a smaller at a particular day ,
and he fails to do it ,
there is then said to be a forfeiture .
Again ,
when a party becomes bound in a certain sum by a recognizance to pay a certain sum ,
with a condition that he will appear at court to answer or prosecute a crime ,
and he fails to do it ,
there is a forfeiture of the recognizance .
Courts of equity ,
and now courts ,
of law ,
will relieve from the forfeiture of a bond ;
and upon a proper case shown ,
criminal courts will in general relieve from the forfeiture of a recognizance to appear .
See 3 Yeates ,
93 ;
2 Wash .
C .
C .
442 Blackf .
104 ,
200 ;
Breeze ,
257 .
Vide ,
generally ,
2 Bl .
Com .
ch .
18 ;
Bouv .
Inst .
Index ,
h .
t .;
2 Kent '
s Com ;
318 ;
4 Id .
422 ;
10 Vin .
Ab .
371 ,
394 13 Vin .
Ab .
436 ;
Bac .
Ab .
Forfeiture Com .
Dig .
h .
t .;
Dane '
s Ab .
h .
t .;
1 Bro Civ .
L .
252 4 Bl .
Com .
382 ;
and Considerations on the Law of Forfeiture for High Treason ,
London ed .
l746 .
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