TO R

475

FOR

feet, 7, &c. These minutes subtracted from the altitude, andadded to the zenith-distance observed, give the true altitude andzenith-distance. To observe the distance of two stars, or that ofthe moou from a star, apply the instrument to the eye, and look-ing to both ends of the cross, move it nearer or farther from thetye till you see the two stars, the one on the one end, and theother on the other end of the cross; then the degrees and minutescut by the cross, on the side proper to the vane in use, give thestar’s distance.

Fore-stai.ling, is the buying of, or bargaining for, corn, cat-tle, or other merchandize, in its passage to fairs, or markets, forsale, with an intent to dispose of them again at an advanced price.The punishment for this otfence, on conviction by two or morewitnesses is, for the first time, two months imprisonment, and for-feiture of the goods, or their value; for the second, the offenderincurs an imprisonment of six months, and loses double the valueof the articles; and, for the third offence, he is liable to imprison-ment during the king’s pleasure; to a forfeiture of all his proper-ty; and is to be sentenced to stand in the pillory. Severe, how-ever, as these regulations appear, they have hitherto not been at-tended with the desired effect. Notwithstanding all the argumentsand invectives that have been employed against this growing evil,in printed works, and in the courts of justice, we are persuadedthat it will never be crushed, till national councils adopt properand effectual measures for preventing this iniquitous practice.

FORESTERS, officers of the forest, appointed by the king’sletters patent, and sworn to walk the forest at all hours, and watchover the vert and venison; also to make attachments and true pre-sentments, of all trespasses committed within the forest. If a manComes into a forest by night, a forester cannot lawfully beat himbefore, he makes some resistance; but in case such a person resiststhe forester, lie may justify a battery. And a forester shall notbe questioned for killing a trespasser that, after the peace cried tobim, will not surrender himself, if it be not done on any formertnalice; though, where trespassers in a forest, &c. kill a personthat opposes them, it is murder in all, because they were engagedJn an unlawful act, and therefore malice is implied to the person

Filled.

FORETS, a department of France , formed out of the late pro-duce of Austrian Luxemberg. Luxemberg is the chief city.

FOREZ, a late province of France , bounded on the N. by*mrguridy and Bourbonnois, E. by Lyonnois, S. by Velais andAivarois, and W. by Auvergne . It now forms, with the Lyonnois,the department of Rhone and Loire .

FORFAR, ANGUS, or FORFAR-SIIIRE, a county ofScotland . See Angus.

Forfar, an ancient roval burgh of Scotland , capital of thecounty. It lies 14 miles W. of Montrose, and 14 N. of Dundee .F-on. 2. 54. W. Lat. 56. 35. N.

FORFEITURE, originally signifies a transgression or offenceAgainst some penal law. The word is formed of the base LatinJfi'ifacturu: whence forfattura and forfaictura, and the French Fon'sfactura comes of for is face re; which, according totsulore, signifies to hurt or offend, facere contra rutionem ; and' v mch is not improbably derived of Joris, out, and,facere, to do,?• an action out of rule, or contrary to the rules. Borel willnave jbrjuit derived from the using of force or violence: Lo-’neau in his glossary will have fartefact properly to signify a' ll )lct or amend, not a forfeit; which last he derives from the base>ntish ajb-j'ed, a penalty. But it is now more frequently used forI e e fleet of such transgression ; or the losing some right, privi-jpSG estate, honour, office, or effects, in consequence thereof,'an for the transgression itself. Forfeiture differs h orn confisca-f 0n { ' n that tin- former is more general; while confiscation is par-cularly applied to such things as become forfeited to the king’s^chequer; and goods confiscated are said to be such as nobodya! nis. Forfeitures may be either in civil or criminal cases.f >■ Forfehure in Civil Cases. A man who has an estateo/f t ° r - rars > "my forfeit it many ways, as well as by treason} .Y' lon y 1 such a* alienation, claiming a greater estate than hetoil ° r ail 'rming the reversion to be in a stranger, &c. When acom m tail makes biases not warranted by statute; a copyholder'vhe m '^ S wastt ’> refuses to pay his rent, or do suit of court; andtp, £ e . an estate is granted upon condition, on non-performance° > & c. they will make a forfeiture.

Entry for a forfeiture

ought to be by him who is next in reversion, or remainder, afterthe estate forfeited. As if the tenant for life or years commits aforfeiture, he who has the immediate reversion or remainder oughtto enter, though he has the fee, or only an estate tail.

ii. Forfeiture in Criminal Cases, is two-fold; of real, andpersonal estates.

1, Forfeiture of Personal Estates. The forfeiture ofgoods and chattels accrues in every one of the high kinds of of-fence; in high treason, or misprision thereof, petit treason, felo-nies of all sorts whether clergyable or not, self-murder, or felonyde se, petty larceny, standing mute, &‘c. For flight also, on anaccusation of treason, felony, or even petit larceny, whether theparty he found guilty or acquitted, if the jury find the flight, theparty shall forfeit his goods and chattels; for the very flight is anotfence, carrying with it a strong presumption of guilt, and is atleast an endeavour to elude and stifle the course of justice pre-scribed by the law. But the jury very seldom find the flight;forfeiture being looked upon, since the vast increase of personalproperty of late years, as too large a penalty for an offence towhich a man is prompted by the natural love of liberty. Thereis a remarkable difference or two between the forfeiture of lands,and of goods and chattels. (1.) Lands are forfeited upon attain-der, and not before; goods and chattels are forfeited by convic-tion. Because in many of the cases where goods are "forfeited,there never is any attainder; which happens only where judge-ment of death or outlawry' is given ; therefore, in those cases, theforfeiture must be upon conviction, or not at all; and being ne-cessarily upon conviction in those, it is so ordered in all othercases, forthe law loves uniformity. (2.) The forfeiture of Jandshas relation to the time the fact was committed, so as to avoid ailsubsequent sales and incumbrances: but the forfeiture of goodsand chattels has no relation backwards; so that those only whicha man lias at the time of conviction shall be forfeited. Thereforea traitor or felon may bona fide sell any of his chattels, real orpersonal, for the sustenance of himself and family between thetact and conviction; for personal property is of so fluctuating anature, that it passes through many hands in a short time; ami nobuyer could be safe, if he were liable to return the goods which liehad fairly bought, provided any of the prior vendors had commit-ted a treason or felony. Yet if they be collusively and not bonafide parted with, merely to defraud the crown, the law (and parti-cularly the statute 13 Eliz. c. 5,) will reach them ; for they are allthe while truly and substantially the goods of the oll'ender; andas he, if acquitted, might recover them himself, as not parted withfor a good consideration ; so, in case he happens to be convicted,the law will recover them for flie king.

2. Forfeiture of real Estates. By attainder in high trea-son, says Blackstone, a man forfeits to the king all his lands andtenements of inheritance, whether fee-simple or fee-tail; and allhis rights of entry on lands and tenements, which he had at thetime of the offence committed, or at any time afterwards, to befor ever vested in the crown ; and also the profits of all lands andtenements, which he had in his own right for life or years, so longas such interest shall subsist. This forfeiture relates backwards tothe time of the treason committed; so as to avoid all intermediate,sales and incumbrances, blit not those before the fact; and there-fore a wife’s jointure is not forfeitable for the treason of her hus-band ; because settled upon her previous to the treason committed. But her dower is forfeited, by the express provision of statute5 and 6 Edw. VI. c. 11. And yet the husband shall he tenant bytlie courtesy of the wife’s lands, if the wife be attainted of treason;for that is not prohibited by the statute. But, though after at-tainder the forfeiture relates back to the time of the treason com-mitted, yet it does not take etlect unless an attainder be hat 1, of.which it is one of the fruits; apd therefore, if.a traitor dies beforejudgement pronounced, oris killed in open rebellion, or is hangedby martial law, it works no forfeiture of his lands: for lie neverwas attainted of treason. But if the chief justice of the king’sbench (the supreme coroner of all England) in person, upon theview of the body of him killed in open rebellion, records it andreturns the record into iiis own court, both lands and goods shallbe forfeited. The natural justice of forfeiture or confiscation <ffproperty, for treason is founded on this consideration: that hewho hath thus violated the fundamental principles of government,aud broken his part of the original contract bet veer, imp and pec '