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Topic: Declaration and forfeiture

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	Declaration and forfeiture - Wikipedia, the free encyclopedia
		In the sport of cricket a declaration occurs when a captain declares his team's innings closed and a forfeiture is when a captain chooses to forfeit an innings.
		Declaration and forfeiture is covered in Law 14 of the Laws of cricket.
		A captain considering declaration must balance the risks of declaring too early (thus setting too low a target for the opposing team) against those of declaring too late or not at all (thus causing a draw by leaving insufficient time to complete the match).
	en.wikipedia.org /wiki/Declaration_and_forfeiture (602 words)

	Declaration - Wikipedia, the free encyclopedia
		Declaration and forfeiture, a captain stating his innings closed in the sport of cricket
		Declaration of independence, a proclamation of the independence of an aspiring state
		Declaration of war, a formal declaration indicating that a state of war exists between nations
	en.wikipedia.org /wiki/Declaration (150 words)

	Internal Revenue Manual - 9.7.2 Civil Seizure and Forfeiture
		Any civil forfeiture action must be commenced within 5 years after the time when the alleged offense was discovered, or within 2 years after the time when the involvement of the property in the alleged offense was discovered, whichever was later.
		Where a civil forfeiture action is filed in a judicial district other than the judicial district where the property is located, the court's authority to have a warrant of arrestin rem served on the property is based on the nationwide service provision of 28 USC §1355(d).
		The burden of proof in a civil judicial forfeiture action is on the government to establish, by a preponderance of the evidence that the property is subject to forfeiture.
	www.irs.gov /irm/part9/ch07s02.html (4815 words)

	People v. National Automobile and Casualty Insurance Company
		They point out the only instance in which a court may declare a forfeiture is when a defendant fails to appear, and the only fact before the court was the fact of the defendant' s nonappearance.
		The surety moved to set aside the forfeiture, contending the controlling statutes provided no authority to reinstate the bond without notice to the surety and thus the court lost jurisdiction to declare a forfeiture at the later date.
		The People argue the statutory requirement of declaring bail forfeited in open court is not jurisdictional because in amending section 1305, subdivision (a) the Legislature did not expressly state failure to declare forfeiture in open court resulted in exoneration of the bail.
	www.law.com /regionals/ca/opinions/may/b148171.shtml (4268 words)

	32 Wn. App. 889, SOFIE v. KANE
		On the contrary, "[c]learly, the declaration of forfeiture, under the facts and circumstances, was justified, according to the terms of the contract and under the law." 177 Wash. at 645.
		After a declaration of forfeiture a lawsuit to quiet title may be necessary to regain possession or to obtain marketable title; however, there is no requirement that the vendor seek a confirmation of the forfeiture in a judicial proceeding.
		When considering the time that has elapsed since the declaration of forfeiture which occurred on October 15, 1977, and the absence of a showing by Kane why the forfeiture should not be enforced, we hold that the trial court did not err in basing its decision in part upon the effectiveness of the forfeiture.
	www.mrsc.org /mc/courts/appellate/032wnapp/032wnapp0889.htm (2595 words)

	State v. Percsell Williams
		When no motion to set aside a forfeiture has been made within 30 days of the declaration of the forfeiture, or when the court has heard and denied the motion to set aside, the court shall enter a judgment of default of bail.
		A declaration of forfeiture of bail is not a final judgment because the court has not fully decided the issue or disposed of the matter -- the court may, on defendant's motion, set aside enforcement of the forfeiture pursuant to M.R. Crim.
		The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.
	www.courts.state.me.us /opinions/documents/99me82wi.htm (1108 words)

	PEOPLE v. UNITED BONDING INS. CO. (1971) 5 C3d 898
		Should the surety not have an early opportunity to institute these endeavors the possibility of discharging the forfeiture will be severely prejudiced, and it is manifest that he will suffer such prejudice whether there is an undue delay in advising him after the declaration of a forfeiture or a delay in making the declaration itself.
		The language of the statute directs that the court "must thereupon" declare the forfeiture when a defendant's nonappearance is "without sufficient excuse," and when it conclusively appears that there is no excuse as, for example, when the defendant has fled, the statute compels an immediate declaration.
		The failure to so declare an immediate forfeiture upon the nonappearance of a defendant bailee can be justified only where there is some rational basis for a belief at the time of his nonappearance that there exists a sufficient excuse therefor.
	online.ceb.com /calcases/C3/5C3d898.htm (2728 words)

	[No title] (Site not responding. Last check: 2007-11-06)
		Forfeiture of benefits under 3.901 or 3.902 will not be declared until the person has been notified by the District Counsel or, in VA Regional Office, Manila, Philippines, the Adjudication Officer, of the right to present a defense.
		Automatic forfeiture of benefits under 3.903 will be effectuated by an official authorized to declare a forfeiture as provided in paragraph (a) of this section.
		A decision of forfeiture is subject to the provisions of 3.104(a) and 20.1103 and 20.1104 of this chapter.
	www.va.gov /regs/title38/38v1025.htm (3154 words)

	98-3300 -- U.S. v. Lacey -- 03/17/1999
		An administrative forfeiture proceeding pursuant to 21 U.S.C. 881(a)(6) was commenced and, on February 20, 1990, a declaration of forfeiture was issued as to the seized currency.
		A complaint challenging procedural deficiencies in an administrative forfeiture proceeding is subject to the general six-year statute of limitations in 28 U.S.C. § 2401(a).
		The record on appeal clearly indicates Lacey and his criminal defense attorney received notice of the administrative forfeiture proceedings no later than December 13, 1989, and were thus aware of the subsequent declaration of forfeiture.
	www.kscourts.org /ca10/cases/1999/03/98-3300.htm (579 words)

	Ohio Legislative Information Systems
		Thirty days 186 after the declaration of forfeiture, the court shall enter 187 information relative to the forfeiture on a form approved and 188 furnished by the registrar of motor vehicles, and forward the 189 form to the registrar.
		The court also shall enter 327 information relative to the forfeiture on a form approved and 328 furnished by the registrar and send the form to the registrar, 330 who shall suspend the license and send written notification of 331 the suspension to the person at the person's last known address.
		The registrar shall not be required to give effect to any 565 declaration of forfeiture or order terminating a forfeiture 566 provided by a court under this section unless the information 567 contained in the declaration or order is transmitted to the 568 registrar by means of an electronic transfer system.
	www.legislature.state.oh.us /BillText122/122_SB_85_4_Y.htm (4207 words)

	[No title]
		OPTIONAL RULE: Prior to the beginning of a sanctioned tournament, the Judge may declare that players who build decks from cards from both Jyhad and Vampire: The Eternal Struggle sets should ensure that between forty and sixty percent of their library should be from the Jyhad set.
		Changing or altering a tournament deck during the tournament may be interpreted by the Judge as a Declaration of Forfeiture.
		If a player is in violation, the Judge may issue a warning to the player or interpret the violation as a Declaration of Forfeiture (at the Judge's discretion).
	www.usc.edu /dept/Deckmasters/archive/vtes/dc.vtes.010996 (2439 words)

	56 Wn. App. 125, CLARKE v. EQUINOX HOLDINGS, LTD.
		In an action to set aside a real estate contract forfeiture, RCW 61.30.140(2) requires that the summons and complaint be served not later than 60 days after the declaration of forfeiture is recorded.
		The declaration of forfeiture was filed on October 1, 1986.
		It plainly states that an action to set aside a forfeiture shall be commenced by filing the summons and complaint and serving the summons and complaint not later than 60 days after the declaration of forfeiture is recorded.
	www.mrsc.org /mc/courts/appellate/056wnapp/056wnapp0125.htm (2291 words)

	Iowa Code 1999SUPPLEMENT: Section 809A.16
		Title to the forfeited property interest and its proceeds shall be deemed to have vested in the state on the commission of the conduct giving rise to the forfeiture under this chapter.
		The encumbrance held by the regulated interest holder or interest holder seeking possession is the only interest exempted from forfeiture and the order forfeiting the property to the state transferred all of the rights of the owner prior to forfeiture, including rights to redemption, to the state.
		On order of the court or declaration of forfeiture forfeiting the subject property, the state may transfer good and sufficient title to any subsequent purchaser or transferee.
	www.legis.state.ia.us /IACODE/1999SUPPLEMENT/809A/16.html (679 words)

	Laws, Acts, and Legislation
		Thirty days after the declaration of forfeiture, the court shall enter information relative to the forfeiture on a form approved and furnished by the registrar of motor vehicles, and forward the form to the registrar.
		Thirty days after the declaration of forfeiture, the court shall inform the registrar of motor vehicles of the forfeiture by entering information relative to the forfeiture on a form approved and furnished by the registrar and sending the form to the registrar.
		The registrar shall not be required to give effect to any declaration of forfeiture or order terminating a forfeiture provided by a court under this section unless the information contained in the declaration or order is transmitted to the registrar by means of an electronic transfer system.
	www.legislature.state.oh.us /bills.cfm?ID=122_SB_85 (5997 words)

	AGO_1987_No_005 (Site not responding. Last check: 2007-11-06)
		RCW 82.20.010 which imposes a tax upon certain conveyances does not apply to declarations of forfeiture recorded pursuant to chapter 61.30 RCW.
		To determine whether a declaration of forfeiture is subject to the provisions of RCW 82.20.010(1), it is necessary to identify the interests in the land held by the seller and the purchaser at the time of forfeiture.
		Certainly, a declaration of forfeiture is a "writing" and an "instrument." Whether it grants, assigns, transfers, or conveys "realty sold" to a "purchaser" is far less clear.
	www.atg.wa.gov /opinions/1987/opinion_1987_005.html (1297 words)

	hr1965 (Site not responding. Last check: 2007-11-06)
		If a party's identity or interest is not determined until after the seizure but is determined before a declaration of forfeiture is entered, such written notice and information shall be sent to such interested party not later than 60 days after the seizing agency's determination of the identity of the party or the party's interest.
		The claimant shall have the burden of establishing that a forfeiture is excessive by a preponderance of the evidence at a hearing conducted in the manner provided in Rule 43(e), Federal Rules of Civil Procedure, by the Court without a jury.
		Otherwise, the forfeiture shall be civil in nature in accordance with the procedures for civil forfeiture in said chapter 46 of title 18.'.
	www.fear.org /hr1965.html (6324 words)

	Part 9 Criminal Investigation Chap. 7 Asset Seizure and Forfeiture Sec. 5 Forfeiture Actions
		In a criminal forfeiture, a "preliminary order of forfeiture" is entered after a defendant is convicted and upon the return of a special verdict finding that a defendant's property is subject to forfeiture.
		A Declaration of Forfeiture is analogous to a Judicial Order of Forfeiture, but issued by the seizing agency that administratively forfeited the property rather than by a court.
		However, the government should not tie civil forfeiture to a reduction or dismissal of criminal charges just to gain the advantage of a civil forfeiture, or to be used as leverage in a criminal plea or vice versa.
	cryptome.quintessenz.org /mirror/irs-ci/36432.html (3219 words)

	Chapter 61.30 RCW: Real estate contract forfeitures (Site not responding. Last check: 2007-11-06)
		Notice of intent to forfeit -- Declaration of forfeiture -- Time limitations.
		Notice of intent to forfeit -- Declaration of forfeiture -- Contents.
		Forfeiture may proceed upon expiration of judicial order -- Court may award attorneys' fees or impose conditions -- Venue.
	apps.leg.wa.gov /rcw/default.aspx?cite=61.30 (81 words)

	US CODE: Title 18,983. General rules for civil forfeiture proceedings
		If criminal forfeiture is the only forfeiture proceeding commenced by the Government, the Government’s right to continued possession of the property shall be governed by the applicable criminal forfeiture statute.
		(3) if the Government’s theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish that there was a substantial connection between the property and the offense.
		(3) The claimant shall have the burden of establishing that the forfeiture is grossly disproportional by a preponderance of the evidence at a hearing conducted by the court without a jury.
	www4.law.cornell.edu /uscode/html/uscode18/usc_sec_18_00000983----000-.html (2974 words)

	Section 5.58.070 Forfeiture of vehicle--Procedures. (Site not responding. Last check: 2007-11-06)
		A. Except as provided in subsection G of this section, if the City Attorney determines that factual circumstances warrant that the vehicle is subject to forfeiture, and are not automatically made forfeitable by another provision of this chapter, the City Attorney shall file a petition for forfeiture with the Superior Court of Los Angeles County.
		B. A petition for forfeiture under this subdivision shall be filed as soon as practicable, but in any case a petition must be filed within one year of the seizure of the vehicle which is subject to forfeiture.
		A written declaration of forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle.
	www.ci.el-monte.ca.us /citygov/ctyclrk/municode/Title_5/58/070.html (459 words)

	[No title]
		A Referee may be required to interpret rules, to terminate an excessively long match, to interpret a Declaration of Forfeiture, or make any other adjudication as necessary during the tournament.
		If a player intends to use a Sideboard during the course of a match, they must declare to their opponent that they will be using the Sideboard prior to the beginning of that match.
		Any violation of this rule may be interpreted by the Referee as a Declaration of Forfeiture.
	www.wizards.com /dci/downloads/FirstDCIFloorRules.txt (1556 words)

	51 Wn.2d 554, GUNDER BIRKELAND et al., Respondents and Cross-appellants, v. BILL CORBETT et al., Defendants, OLIVER D. ...
		The first issue raised on the cross-appeal was whether the facts constituted an abandonment of his declaration of forfeiture by Birkeland-abandonment (or waiver) being, in this case, a conclusion of law to be drawn from the facts.
		The other major issue raised by the cross-appeal is whether Birkeland ever waived the declaration of forfeiture made in February, 1954, which was the basis of this action.
		Birkeland, after notices of intent to forfeit and declaration of forfeiture, commenced his action to quiet title and recover possession of the property.
	www.mrsc.org /mc/courts/supreme/051wn2d/051wn2d0554.htm (3719 words)

	[No title] (Site not responding. Last check: 2007-11-06)
		Upon commencing administrative forfeiture proceedings, the seizing agency shall send notice of the proceedings, together with information on the applicable procedures for contesting the forfeiture, to each party known to the seizing agency at the time of the seizure to have an ownership or possessory interest, including a lienholder's interest in the seized property.
		`(ii) a purchaser is `reasonably without cause to believe that the property was subject to forfeiture' if, in light of the circumstances, the purchaser did all that reasonably could be expected to ensure that he or she was not acquiring property that was subject to forfeiture.
		In determining whether a criminal case or investigation is `related' to a civil forfeiture proceeding, the court shall consider the degree of similarity between the parties, witnesses, facts, and circumstances involved in the 2 proceedings without requiring an identity with respect to any 1 or more factors.
	www.fear.org /s1701.html (7975 words)

	Netrunner Tournament Rules
		A judge may be required to interpret rules, to terminate an excessively long match, to interpret a Declaration of Forfeiture, or to make any other adjudication necessary during the tournament.
		If a player is in violation of this rule, the judge may, at his or her discretion, issue a warning to the player or interpret the violation as a Declaration of Forfeiture.
		If the judge feels that a player is stalling to take advantage of a time limit, the judge may, at his or her discretion, issue a warning or interpret the stalling as a Declaration of Forfeiture.
	www.netrunner.lia.net /netrunner_dci.txt (2046 words)

	Tucson . com (Site not responding. Last check: 2007-11-06)
		Pursuant to A.R.S. 13-4309(3), the attorney for the State has inquired into whether the property or interest in property of DEBRA CORONA is subject to forfeiture and into the facts and circumstances surrounding the petition.
		It is further declared that the interest of petitioner is forfeit.
		An owner or interest holder in any property declared forfeited may file a claim within thirty (30) days of the mailing of this Declaration.
	www.tucson.com /abouttucson/publicnotices/profile.php?ad-number=0004540289-01 (333 words)

	[No title]
		The Government may use evidence gathered after the filing of a complaint for forfeiture to establish, by a preponderance of the evidence, that property is subject to forfeiture.
		If the court finds that the forfeiture is grossly disproportional to the offense it shall reduce or eliminate the forfeiture as necessary.
		The claimant shall have the burden of establishing that the forfeiture is grossly disproportional by a preponderance of the evidence at a hearing conducted by the court without a jury.
	www.drcnet.org /forfeiture/s1931.html (3441 words)

	Section 9.30.120 Court declaration of forfeiture of nuisance vehicles. (Site not responding. Last check: 2007-11-06)
		Section 9.30.120 Court declaration of forfeiture of nuisance vehicles.
		Upon proof that the vehicle was used for any of the purposes set forth in § 9.30.030, the court shall declare the vehicle a nuisance and order that it be forfeited to the City of Riverside for disposal as set forth in § 9.30.130.
		If the vehicle which has been declared a nuisance and ordered forfeited to the City is not in the City's possession, the court shall issue a seizure order for the vehicle forthwith.
	www.riversideca.gov /municipal_code/title_09/30/120.html (102 words)

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