FORFEITURE (from "forfeit," originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr. forfait, from the late Lat. foris factum, a trespass, that which is done foris, outside), in English law, the term applied (1) to loss or liability to the loss of property in consequence of an offence or breach of contract; (2) to the property of which the party is deprived.

Under the common law, conviction and attainder on indictment for treason or felony was followed not only by forfeiture of the life of the offender, but also by forfeiture of his lands and goods. In the case of treason all the traitor's lands of whomsoever holden were forfeited to the king; in the case of felony (including felo-de-se, or suicide), the felon's lands escheated (exceciderunt) to his immediate lord, subject to the king's right to waste them for a year and a day. This rule did not apply to lands held in gavelkind in the county of Kent. The goods of traitors and felons were forfeited to the king. The desire of the king and his officers to realize the profits of these forfeitures was one of the chief motives for instituting the circuits of the king's justices throughout England; and from time to time conflicts arose from attempts by these justices to extend the law of treason-under which the king levied all the forfeituresat the expense of felony, in which the lord of the felon benefited by the escheats. As regards theft, the king's rights overrode those of the owner of the stolen property, until, in the reign of Henry VIII., provision was made for restitution of the goods to the owner if he prosecuted the thief to conviction. In Pepys's Diary, 21st of January 1667-1668, will be found an illustration of the working of the old law. We find that on the suicide of his brother-in-law, Pepys at once applied to the king personally and obtained a grant of the brother-in-law's estate in favour of his widow and children should the inquest find a verdict of felo-de-se. It was common practice for persons anticipating conviction for treason or felony to assign all their property to others to avoid the forfeiture; and in some instances the accused refused to plead to the indictment and endured the peine forte et dure, until death supervened, to avoid these consequences of conviction. The royal rights to forfeitures arising within particular areas were frequently granted by charter to corporations or individuals. In 1897 the courts had to interpret such charters granted to the town of Nottingham in 1399 and 1448. All forfeitures and escheats with respect to conviction and attainder for treason and felony were abolished as from the 4th of July 1870, except forfeitures consequent upon the now disused process of outlawry, and the forfeitures included in the penalties of praemunire.

The term " forfeit" is also applied to penalties imposed by statute for acts or omissions which are neither treasonable nor felonious. In such statutes the forfeiture enures in favour of the crown unless the statute indicates another destination; and unless a particular method of enforcing the forfeiture is indicated it is enforceable as a debt to the crown and has priority as such. The words " forfeit and pay "are often used in imposing a pecuniary penalty for a petty misdemeanour, and where they are used the court dealing with the case must not only convict the offender but adjudicate as to the forfeiture.

Statutory forfeitures in some cases extend to specific chattels, e.g. of a British merchant-ship when her character as such is fraudulently dissimulated (Merch. Shipp. Act 1894, ss. 70, 76), or of goods smuggled in contravention of the customs acts or books introduced in violation of the copyright acts. Recognisances are said to be forfeited when the conditions are broken and an order of court is made for their enforcement as a crown debt against the persons bound by them.

The term "forfeiture" is now most commonly used with reference to real property, i.e. with reference to the rights of lords of the manor or lessors to determine the estate or interest of a copyholder or lessee for breach of the customary or con

FORGERY (derived through the French from Latin fabricare, to construct), in English law, "the fraudulent making or alteration of a writing to the prejudice of another man's right," or "the false making, or making malo animo, of any written instrument for the purpose of fraud or deceit." This definition, it will be seen, comprehends all fraudulent tampering with documents. "Not only the fabrication and false making of the whole of a written instrument, but a fraudulent insertion, alteration or erasure, even of a letter, in any material part of a true instrument whereby a new operation is given to it, will amount to forgery, and this though it be afterwards executed by another person ignorant of the deceit " (Russell on Crimes and Misdemeanours, vol. ii.). Changing the word Dale into Sale in a lease, so that it appears to be a lease of the manor of Sale instead of the manor of Dale, is a forgery. And when a country banker's note was made payable at the house of a banker in London who failed, was held to be forgery to alter the name of such London banker to that of another London banker with whom the country banker had subsequently made his notes payable. As to the fraud, "an intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person, ascertained or unascertained, capable of being defrauded thereby; and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent such person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document" (Stephen's Digest of the Criminal Law). Thus when a man makes a false acceptance to a bill of exchange, and circulates it, intending to take it up and actually taking it up before it is presented for payment, he is guilty of forgery. Even if it be proved as a matter of fact that no person could be defrauded (as when A forges a cheque in B's name on a bank from which B had withdrawn his account), the intent to defraud will be presumed. But it would appear that if A knew that B had withdrawn his account, the absence of fraudulent intention would be inferred. A general intention to cheat the public is not the kind of fraud necessary to constitute forgery. Thus if a quack forges a diploma of the college of surgeons, in order to make people believe that he is a member of that body, he is not guilty of forgery.

The crime of forgery in English law has been from time to time dealt with in an enormous number of statutes. It was first made a statutory offence in 1562, and was punishable by fine, by standing in the pillory, having both ears cut off, the nostrils slit up and seared, the forfeiture of land and perpetual imprisonment. It was made capital, without benefit of clergy in 1634. The most notable cases of those who have suffered the extreme penalty of the law are those of the Rev. Dr W. Dodd in 1777, for forging Lord Chesterfield's name on a bond, and Henry Fauntleroy, a partner in the banking-house of Marsh, Sibbald & Co., for the appropriation by means of forged instruments of money entrusted to the bank, in 1824. "Anthony Hammond, in the title Forgery of his Criminal Code, has enumerated more than 400 statutes which contain provisions against the offence" (Sir J. T. Coleridge's notes to Blackstone). Blackstone notices the increasing severity of the legislature against forgery, and says that "through the number of these general and special provisions there is now hardly a case possible to be conceived wherein forgery that tends to defraud, whether in the name of a real or fictitious person, is not made a capital crime." These acts were consolidated in 1830. The later

statutes, fixing penalties from penal servitude for life downwards, were consolidated by the Forgery Act 1861. It would take too much space to enumerate all the varieties of the offence with their appropriate punishments. The following condensed summary is based upon chapter xlv. of Sir J. Stephen's Digest of the Criminal Law:

1. Forgeries punishable with penal servitude for life as a maximum

are

(a) Forgeries of the great seal, privy seal, &c.

(b) Forgeries of transfers of stock, India bonds, exchequer bills,

bank-notes, deeds, wills, bills of exchange, &c.

Obliterations or alterations of crossing on a cheque. (d) Forgeries of registers of birth, &c., or of copies thereof and

others.

2. Forgeries punishable with fourteen years' penal servitude are(a) Forgeries of debentures.

(d) Drawing bill of exchange, &c., on account of another, per procuration or otherwise, without authority.

(e) Obtaining property by means of a forged instrument, knowing it to be forged, or by probate obtained on a forged will, false oath, &c. 3. Forgeries punishable with seven years' penal servitude:Forgeries of seals of courts, of the process of courts, of certificates, and of documents to be used in evidence, &c.

By the Merchandise Marks Acts 1887 and 1891, forgery of trade marks is an offence punishable on conviction by indictment with imprisonment not exceeding two years or to fine, or both, and on conviction by summary proceedings with imprisonment not exceeding four months or with a fine.

The Forged Transfers Act 1891, made retrospective by the Forged Transfers Act 1892, enables companies and local authorities to make compensation by a cash payment out of their funds for any loss arising from a transfer of their stocks, shares or securities through a forged transfer.

United States.-Forgery is made a crime by statute in most if not all the states, in addition to being a common law cheat. These statutes have much enlarged the common definition of this crime. It is also made a crime by a Federal statute (U.S. Rev. Stat., ch. 5), which includes forgery of national banknotes, letters patent, public bid, record, signature of a judge, land warrants, powers of attorney, ships' papers or custom-house documents, certificates of naturalization, &c.; the punishment is by fine or by imprisonment from one to fifteen years with or without hard labour.

In Illinois, fraudulently connecting together different parts of several banknotes or other genuine instruments so as to produce one additional note or instrument with intent to pass all as genuine, is a forgery of each of them (Rev. Stats. 1901, ch. 38, 108). The alleged instrument must be apparently capable of defrauding (Goodman v. People [1907], 228, Ill. 154).

In Massachusetts, forgery of any note, certificate or bill of credit issued by the state treasurer and receiver general, or by any other officer, for a debt of that commonwealth, or a bank bill of any bank, is punishable by imprisonment for life or any term of years (Rev. Laws 1902, ch. 209, §§ 4 and 5).

In New York, forgery includes the false making, counterfeiting, alteration, erasure or obliteration of a genuine instrument (Penal Code, § 520). An officer or agent of a corporation who with intent to defraud sells, pledges or issues a fraudulent scrip, share certificate, guilty of forgery in third degree. Falsely making any instrument which purports to be issued by a corporation bearing a pretended signature of a person falsely indicated as an officer of the company, is forgery just as if such person were in truth such officer (id. § 519). Counterfeiting railroad tickets is forgery in the third degree. Falsely certifying that the execution of a deed has been acknowledged is forgery (id. 8511). So also is the forging a fictitious name (People v. Browne [1907), 103 N.Y. suppl. 903). Punishment for forgery in the first degree may be twenty years, in the second degree ten years, in the third degree five years.

In Pennsylvania, fraudulently making, signing, altering, uttering or publishing any written instrument other than bank bills, cheques or drafts, was punishable by fine and imprisonment

FORGET-ME-NOT, or SCORPION-GRASS (Ger. Vergissmeinnicht, Fr. grémillet, scorpionne), the name popularly applied to the small annual or perennial herbs forming the genus Myosotis of the natural order Boraginaceae, so called from the Greek uûs, a mouse, and ous, an ear, on account of the shape of the leaves. The genus is represented in Europe, north Asia, North America and Australia, and is characterized by oblong or linear stem-leaves, flowers in terminal scorpioid cymes, small blue, pink or white flowers, a five-cleft persistent calyx, a salveror funnel-shaped corolla, having its mouth closed by five short scales and hard, smooth, shining nutlets. The common or true forget-me-not, M. palustris, is a perennial plant growing to a height of 6 to 18 in., with rootstock creeping, stem clothed with lax spreading hairs, leaves light green, and somewhat shining, buds pink, becoming blue as they expand, and corolla rotate, broad, with retuse lobes and bright blue with a yellow centre. The divisions of the calyx extend only about one-third the length of the corolla, whereas in the other British species of Myosotis it is deeply cleft. The forget-me-not, a favourite with poets, and the symbol of constancy, is a frequent ornament of brooks, rivers and ditches, and, according to an old German tradition, received its name from the last words of a knight who was drowned in the attempt to procure the flower for his lady. It attains its greatest perfection under cultivation, and, as it flowers throughout the summer, is used with good effect for garden borders; a variety, M. strigulosa, is more hairy and erect, and its flowers are smaller. In M. versicolor the flowers are yellow when first open and change generally to a dull blue; sometimes they are permanently yellowish-white. Of the species in cultivation, M. dissitiflora, 6 to 8 in., with large handsome abundant sky-blue flowers, is the best and earliest, flowering from February onwards; it does well in light cool soils, preferring peaty ones, and should be renewed annually from seeds or cuttings. M. rupicola, or M. alpestris, 2 to 3 in., intense blue, is a fine rock plant, preferring shady situations and gritty soil; M. azorica (a native of the Azores) with purple, ultimately blue flowers about half an inch across, has a similar habit but larger flowers; M. sylvatica, 1 ft., blue, pink or white, used for spring bedding, should be sown annually in August.

FORGING, the craft of the smith, or "blacksmith," exercised on malleable iron and steel, in the production of works of constructive utility and of ornament. It differs from founding (q.v.) in the fact that the metal is never melted. It is essentially a moulding process, the iron or steel being worked at a full red, or white, heat when it is in a plastic and more or less pasty condition. Consequently the tools used are in the main counterparts of the shapes desired, and they mould by impact. All the operations of forging may be reduced to a few very simple ones: (1) Reducing or drawing down from a larger to a smaller section ("fullering" and "swaging "); (2) enlargement of a smaller to a larger portion (" upsetting "); (3) bending, or turning round

Nor

to any angle or curvature; (4) uniting one piece of metal to another ("welding "); (5) the formation of holes by punching; and (6) severance, or cutting off. These include all the operations that are done at the anvil. In none of these processes, the last excepted, is the use of a sharp cutting tool involved, and therefore there is no violence done to the fibre of the malleable metal. have the tools of the smith any sharp edges, except the cuttingoff tools or "setts." The essential fact of the flow of the metal, which is viscous when at a full red heat, must never be lost sight of; and in forging wrought iron the judgment of the smith must be exercised in arranging the direction of the fibre in a way best calculated to secure maximum strength.

Fullering denotes the preliminary roughing-down of the material between tools having convex edges; swaging, the completion or finishing process between swages, or dies of definite shape, Fullering nearly hemispherical in form. When a bar has to be reand duced from larger to smaller dimensions, it is laid upon a swaging. fuller or round-faced stake, set in the anvil, or, in some cases, on a flat face (fig. 1), and blows are dealt upon that portion of the face which lies exactly opposite with a fullering tool A, grasped by a rather loosely-fitting handle and struck on its head by a sledge. The position of the piece of work is quickly changed at brief intervals in order to bring successive portions under the action of the swages until the reduction is completed; the upper face, and if a bottom fuller is used the under face also, is thus left corrugated slightly. These corrugations are then removed either by a flatter, if the surfaces are plane (fig. 2), or by hollow swages, if the cross section is circular (fig. 3). Spring swages (fig. 4) are frequently used instead of separate top and bottom tools." Frequently swaging is prac

FIG. I.

at the same time reduced below that of the bar itself. This is met by imparting a preliminary amount of upsetting to the part to be bent, sufficient to counteract the amount of reduction due to extension of the fibres. A familiar example is seen in the corners of dip cranks.

Welding

The property possessed by pieces of iron or steel of uniting autogeneously while in a condition of semi-fusion is very valuable. When portions which differ greatly in dimensions have to be united, welding is the only method practicable at the anvil. It is also generally the best to adopt when union has to be made between pieces at right angles, or when a piece on which much work has to be done is required at the end of a long plain bar, as in the tension rods of cranes and other structures with eyes. The art of welding depends chiefly on having perfectly clean joint

tised at once, without the preliminary detail of fullering. It is adopted when the amount of reduction is slight, and also when a steam hammer or other type of power hammer is available. This process of drawing down or fullering is, when practicable, adopted in preference to either upsetting or welding, because it is open to no objection, and involves no risk of damage to the material, while it improves the metal by consolidating its fibres. But its limitations in anvil work lie in the tediousness of the operation, when the part to be reduced is very much less in diameter, and very much longer, than the original piece of bar. Then there are other alternatives.

FIG. 4.

If a long bar is required to have an enlargement at any portion of its length, not very much larger in diameter than the bar, nor of great length, upsetting is the method adopted. The part Upsetting. to be enlarged is heated, the parts adjacent remaining cold, and an end is hammered, or else lifted and dropped heavily on the anvil or on an iron plate, with the result that the heated portion becomes both shortened and enlarged (figs. 5 and 6). This process is only suitable for relatively short lengths, and has the disadvantage that the fibres of wrought iron are liable to open, and so cause weakening of the upset portion. But steel, which has no direction of fibre, can be upset without injury; this method is therefore commonly adopted in steel work, in power presses to an equal extent with drawing down. The alternative to upsetting is generally to weld a larger to a smaller bar or section, or to encircle the bar with a ring and weld the two (fig. 7), and then to impart any shape desired to the ring in swages. Bending is effected either by the hammer or by the simple exercise of leverage, the heated bar being pulled round a fulcrum. It is always, when practicable, preferable to cutting out a curved or

faces, free from scale, so that metal can unite to metal; union would be prevented by the presence of oxide or of dirt. Also it is essential to have a temperature sufficiently high, yet not such as to overheat the metal. A dazzling white, at which small particles of metal begin to drop off, is suitable for iron, but steel must not be made so hot. A very few hammer blows suffice to effect the actual union; if the joint be faulty, no amount of subsequent hammering will weld it. The forms of weld-joints include the scarf (figs. 8 and 9), the butt (fig. 10), the V (fig. 11) and the glut, one form of which

is shown in fig. 12; the illustrations are of bars prepared for welding. These forms give the smith a suitable choice for different conditions. A convexity is imparted to the joint faces in order to favour the expulsion of slag and ditt during the closing of the joint; these undesirable matters become entangled between concave faces. The ends are upset or enlarged in order to leave enough metal to be dressed down flush, by swaging or by flattering. The proportional lengths of the joint faces shown are those which conform to good practice. The fluxes used for welding are numerous. Sand alone is generally dusted on wrought iron, but steel requires borax applied on the joint while in the fire, and also dusted on the joint at the anvil and on the face of the latter itself. Electric welding is largely taking the place of the hand process, but machines are required to maintain the parts in contact during the passage of the current. Butt joints are employed, and a large quantity of power is absorbed, but the output is immensely greater than that of hand-made welds.

FIG. 12.

When holes are not very large they are formed by punching, but large holes are preferably produced by bending a rod round and welding it, so forming an eye (fig. 13). Small holes Punching. are often punched simply as a preliminary stage in the formation of a larger hole by a process of drifting. A piece of work to be punched is supported either on the anvil or on a ring of metal termed a bolster, laid on the anvil, through which the burr, when severed, falls. But in making small holes through a thick mass, no burr is produced, the metal yielding sideways and forming an enlargement or boss. Examples occur in the wrought iron stanchions

that carry light hand railing. In such cases the hole has to be punched from each face, meeting in the centre. Punching under power hammers is done similarly, but occupies less time. The cutting-off or severance of material is done either on hot or cold metal. In the first case the chisels used, "hot setts," have keener cutting angles than those employed for the second, Cutting termed "cold setts." One sett is held in a hole in the anvil face, the "anvil chisel," the other is handled and struck with a sledge.

off

The difference between iron and steel at the forge is that iron possesses a very marked fibre whereas steel does not. Many forgings therefore must be made differently according as they are in iron or in steel. In the first the fibre must never be allowed to run transversely to the axis of greatest tensile or bending stress, but must be in line therewith. For this reason many forgings, of which a common eye or loop (fig. 13) is a typical example, that would be stamped from a solid piece if made in steel, must be bent round from bar and welded if in wrought iron. Further, welding which is practically uniformly trustworthy in wrought iron, is distrusted in steel. The difference is due to the very fibrous character of iron, the welding of which gives much less anxiety to the smith than that of steel. Welds in iron are frequently inade without any flux, those in steel never. FIG. 13. Though mention has only been made of iron and steel, other alloys are forged, as those of aluminium, delta metal, &c. But the essential operations are alike, the differences being in temperature at which the forging is done and nature of the fluxes used for welding. hardening and tempering, an important section of smith's work, see ANNEALING.

For

Die Forging. The smith operating by hand uses the above methods only. There is, however, a large and increasing volume of forgings produced in other ways, and comprehended under the general terms, " die forging" or drop forging."

Little proof is needed to show that the various operations done at the anvil might be performed in a more expeditious way by the aid of power-operated appliances; for the elementary processes of reducing, and enlarging, bending, punching, &c., are extremely simple, and the most elaborate forged work involves only a repetition of these. The fact that the material used is entirely plastic when raised to a white heat is most favourable to the method of forging in matrices or dies. A white hot mass of metal can be placed in a matrix, and stamped into shape in a few blows under a hammer with as much ease as a medal can be stamped in steel dies under a coining press. But much detail is involved in the translation of the principle into practice. The parallel between coining dies and forging dies does not go far. The blank for the coin is prepared to such exact dimensions that no surplus material is left over by the striking of the coin, which is struck while cold. But the blank used in die forging is generally a shapeless piece, taken without any preliminary preparation, a mere lump, a piece of bar or rod, which may be square or round irrespective of whether the ultimate forging is to be square, or round, or flat or a combination of forms. At the verge of the welding heat to which it is raised, and under the intensity of the impact of hammer blows rained rapidly on the upper die, the metal yields like lead, and flows and fills the dies.

Herein lies a difference between striking a coin and moulding a forging. A large amount of metal is squeezed out beyond the concavity of the forging dies, and this would, if allowed to flow over between the joints, prevent the dies from being closed on the forging. There are two methods adopted for removing this "fin," or flash" as it is termed, one being that of suppression, applicable to circular work, the other that of stripping, applied to almost all other cases.

The suppression of fin means that the circular bar is rotated in the dies (fig. 14) through a small arc, alternating between every few blows, with the result that the fin is obliterated immediately when formed, this being done at the same time that reduction of section is being effected over a portion or the whole of the bar. Stripping means that when a considerable amount of fin has

dies, distributed over the number of identical forgings required. From this point of view it is clear that given say a thousand forgings, ordered all alike, the cost of even expensive dies distributed over the whole becomes only an infinitesimal amount per forging.

There is, further, the very important fact that forgings which are produced in dies are uniform and generally of more exact dimen sions than anvil-made articles. This is seen to be an advantage when forgings have to be turned or otherwise tooled in the engineer's machine shop, since it lessens the amount of work required there.