Page:Prerogatives of the Crown.djvu/244

 224 Bevenue. — Forfeitures, [Ch. XI. Sec. I. tainder ; personalty is, however, forfeited upon the offender's being convicted, or, in other words, found guilty by the jury (a) ; and although in outlawries for treason, or felony, lands are for- feited only by the judgment, yet the personal property of the offender is forfeited, by his being first put in the exigent without staying till he is quinto exactus, or finally outlawed ; for the se- creting himself so long from justice is construed a flight in law {b). There is a further material distinction between the forfeit- ure of real and personal property; for the forfeiture of the former has relation to the time when the offence was committed, so as to avoid all subsequent sales and incumbrances ; but the forfeiture of personalty has no relation backwards, so that those only which the offender had at the time of the conviction shall be forfeited ; and, therefore, a traitor or felon may sell any of his personal property for the sustenance of himself and family, between the fact and conviction (c). And in the great prisage case, in Bulstrode's Reports {d this point is put, " A termor is distrained for rent behind ; afterwards he is attainted for felony, done before the distress taken; Per Curiam, " The King shall not have this distress as a forfeiture, unless he do satisfy the party who distrained, for this was lawfully taken tempore captionis." If, however, the property be parted with collusively, and in order to defraud the King, his Majesty will be entitled to it {e). As laid down in a recent work {/), " By the 1 Rich. 3. c. 3, the sheriff and other officers are precluded from seizing the goods of a party arrested or imprisoned for treason, or felony, until his attainder or conviction. This Act is said to be only in affirmance of the common law {g), and extends to money as well as specific chattels {h). It seems, however, that the goods may be appraised, or inventoried, after indictment found, in order that no sequestration or collusive transfer may defeat (a) Co. Lit. 391, a. 1 Hale, 362. 4 (/) Chitty, Criin. L. 736. Bla. Com. 387. (g) Hard. 97. 3 Inst. 229. Com. (b) 3 Inst. 232. Dig. Forfeiture, B. 4. Ibid. Justices, Z. (c) 8 Co. 171. 4 Bla. Com. 387. Hawk. b. 2. c. 49. s. 59. 3 Price, T^. 121. (h) Sir Tbomas Ray. 414. Hawk. (rf) 3 Bulstr. 17. b. 2. c. 49. s. 39. Com. Dij. Forfeiture, (e) Skin. 357. pi. 4. 13 El. c. 5. 4 B. 4. Ibid. Justices, Z. Bla". Com. 388. ' the