Page:Prerogatives of the Crown.djvu/245

Ch.XI. Sec.L] Revenue, -Forfeitures. 225 the Crowii oC the forfeiture [a). This, indeed, does not extend to a removal ; and it is clear, as just observed, that the party indicted may sell any of them for his support in prison, or that of his family, or to assist him in preparing for his defence on the trial [b). But a fraudulent conveyance, without consi- deration, as a bill of sale to a felon's son, will be void ; because, as the owner might, if acquitted, have recovered them back himself, so, if convicted, the transfer will not avail against his Majesty (c). And though the property cannot be touched before, it is certain that it may be seized as soon as the for- feiture is completed {d). It seems, too, the whole township is answerable to the King for their production, and are, therefore, empowered to seize them wherever they may be conveyed {e). And, at common law, they could exonerate themselves from responsibility, by shewing that they delivered the goods to an individual by whom they were secreted (y). But by the 31 Edw. 3. c. 3. they are admitted to excuse themselves, by throwing the blame on the party actually culpable. The Crown seems to take them free from liability to the previous debts of the convict, though it should seem that, in some cases, the Crown will allow the creditors to reap benefit from thera(g)." The King's pardon will effectually remit and prevent such forfeitures as accrue to the Crown, but not vested escheats to a subject who may be lord of the fee. The power of the Crown to regrant forfeitures, &c. will be mentioned in the next sec- tion, on escheats [h). To consider the various cases in which the right of the Crown to goods forfeited for breaches of the revenue law, ob- tains, would lead one into a detail of the revenue laws ; a sub- ject principally founded on the positive enactments of the (a) 1 Halo, 567. 3 Inst. 228. Hawk. , {d) Co. Lit. 391, a. Hawk. b. 2. b.2, c. 49. s. 35. Bro. Abr. Forfeiture, o. 49. s. 40. 10. Burn's J. Forfeiture, J. Williams's (e) Staundf. Prerog. 47. Bro. Ab. J. Seizure of Felon's Goods. Charge, 45. Hawk. b. 2. r. 49. p. 40. (/>) 4 Bla. Com. 387, 8. 8 Co. 171. Bac. Ab. Forfeiture, F. Skin. 357,8. 1 Hale, 361. Hawk. b. (/) Hawk. Ibid. s. 41. Bac.*Ab. 2. e. 49. s. 33. Com. Dig. Justices, Z. Ibid. Bar. Ab. Forfeiture, F. Williams's J. {g) Dougl. 542. See form of corn- Seizure of Felon's Goods. mission, to inquire of lands forfcitcil (c) Ibid. on outlawry, &c. 1 Lil. Ent. 304. (//) Post, 2y5. Q legislature.