FOR 



FOR 



the intent to sell the same again at a 

 higher price. 



At the common law, all endeavours to 

 enhance the common price of any mer- 

 chandize, and all practices which have 

 an apparent tendency thereto, whether 

 by spreading false rumours, or by pur- 

 chasing things in a market before the 

 accustomed hour, or by buying and sell- 

 ing again the same thing in the same 

 market, or by any other such like de- 

 vices, are highly criminal, and punisha- 

 ble by fine and imprisonment. 



Several statutes have, from time to 

 time, been made against these offences 

 in general, which were repealed by 12 

 Geo. III. c . 71. 



But though these offences are still 

 punishable, upon indictment at the com- 

 mon law, by fine and imprisonment, the 

 propriety of laws against forestalling has 

 been lately very much doubted by some 

 of the most eminent writers upon politi- 

 cal economy, and they are now seldom 

 enforced. 



FORESTER, a sworn officer of the 

 forest, appointed, by the king's letters 

 Patent, to walk the forest at all hours, 

 to watch over the vert and venison ; also to 

 make attachments and true presentments 

 of all trespasses committed within the 

 forest. 



FORESTS, are waste grounds belonging 

 to the king, replenished with all manner 

 of beasts of chase on venery, which are 

 under the king's protection, for the sake 

 of his royal recreation; and there are 

 particular laws, privileges, courts and 

 officers, belonging to the king's forests. 

 The forest courts are, the courts of at- 

 tachments, of regard, of swainmote, and 

 of justice seat, &c. But as the forest 

 laws have long ago ceased to be put in 

 execution, we shall not enumerate them. 



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- 

 V- sion of treason, premunire, drawing a 

 Weapon 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. 6th. 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 ;hey 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. Vlll. 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, he shall have a 

 writ of restitution. 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 rela- 

 tion to the time of the offence, for the 

 avoiding all subsequent alienation of the 

 lands ; but to the time of conviction, 

 on fugam fecit found, &c. only as to 



