Page:Prerogatives of the Crown.djvu/242

222 Revenue.— Forfeitures. [Ch.XI. Sec. I. If the proof as to the time when the offence was cotnmitted, vary from the time mentioned in the indictment, and the jury find the offender guilty generally, the forfeiture relates to the time laid, until the verdict be falsified by the party interested, as it may be in this respect, though not as to the point of the offence {a). But if the jury specially find the offender guilty on the day on which the fact is proved to have been com- mitted, whether before or after the day laid in the indictment ; in such case the forfeiture relates to the day so found {b). If an alien purchase land in this country for his own use, the King is entitled to them by way of forfeiture, but the vendor is not affected thereby (c). This will be considered in the next section on escheats. Ibrfeitnre of Personalty. ^^The forfeiture of goods and chat- tels to the Crown accrues in every one of the higher kinds of offences, in high treason or misprision thereof, petit treason, felonies of all sorts, whether clergyable or not, self-murder, petit larceny, standing mute, and, among other offences, that of striking in Westminster-hall, or drawing a weapon upon a Judge sitting in one of the King's courts of justice there {d). And where a man, being accused of the commission of treason, felony, or even petit larceny, flies from the inquiries of justice, and the jury find the flight (which they seldom or never do), he forfeits all his goods and chattels to the King, although he be acquitted on the trial of the offence imputed to him (e). If) however, in this case the indictment be insufficient (/), or the flight be disproved on a traverse of the finding of the jury {g)y the forfeiture is saved. It seems to have been formerly consi- dered, that a coroner's inquest finding the flight, could not be traversed, so as to save the forfeiture {h) ; but the injustice and hardship of subjecting a man to so severe a punishment as the confiscation of all his personalty, by a finding which took place in his absence, and most probably without giving him an op- («) 1 nal.P.C.361. 3 Inst. 230. feiture, B. (5) Kely. 16. Hal. P. C. 361. 2 (/) Bac. Ab. Ibid. Inst. 318. 3 Ibid. 230, (g) Bac. Ab. Ibid. Keilw. 68. 5 (c) Co. Ut. 2. 1 Bla.Com. 372. Co. 110. Sta^lndf. 184. id) 4 Ibid. 386. Bac. Ab. Forfeiture, (A) 13 Hen. 4. 13. pi. 6. 5 Co. 100. B. 5 Co. 109. Dyer, 238. 2 Inst. 147. 3 Keb. 366, (*) 4 Bla. Com. 387. Bac. Ab. For. 564. 2 Lev. 141. 3 portunity