Forfeiture Act 1870

The Forfeiture Act 1870[1] (33 & 34 Vict c 23) is a British Act of Parliament that abolished the automatic forfeiture of goods and land as a punishment for treason and felony. It does not apply to Scotland.[2] Although mostly repealed today, section 2 remains in force and states that anyone convicted of treason shall be disqualified from holding public office, shall lose his right to vote in elections (except in elections to local authorities[3][4]), and lose his pension.

Prior to the Act being passed, a person convicted of treason or felony automatically and permanently forfeited all of his lands and possessions to the Crown.

The offence of praemunire, which was also punished with forfeiture, was not treason or felony but only a misdemeanour, and so the Act did not apply to it.[5]

See also

References
  1. The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule.  Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. Section 33
  3. Local Government Act 1933, Schedules 8, 10 and 11 (Part IV)
  4. Local Government (Members and Officers) Act (Northern Ireland) 1964, Schedule
  5. Kenny, C. Outlines of Criminal Law (Cambridge University Press, 1936), 15th edition, p. 323
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