Page:Black's Law Dictionary (Second Edition).djvu/252

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CONFIRMATIO

enlarged Shep. Touch. 311; 2 13]. Comm. 325.

—Con.flrmntio cresnens. An enlarging cou- firmation: one which enlarges a rightful estate. Shep. Touch. 311.—Conflrmu.tio ul . A diminishing confirmation. A confirmation which (ends and serves to diminish and abridge the services whereby a tenant doth hold, operating as a release nf part of the services. Shep. Touch. 311. Conflr-ma.t-in er-ficieus. A con- firmation which makes valid 3 wrongfui and defeasihie title, or makes a conditional estate absolute. Shep. Touch. 311.

CONPIRMATIO CHARTARUM. Lat. Confirmation of the charters. A statute

passed in the 25 Edw. 1., whereby the Great Charter is declared to be allowed as the common law; all judgments contrary to it are declared void; copies of it are ordered to he sent to all c'itheil.ral churches and read twice a year to the people; and sentence of excommunication is directed to be as constantly denounced against all those that, by word or deed or counsel, act contrary thereto or in any degree infringe it. 1 Bl. Comm. 128.

Conn matio est nnlla uhi donnm pra- oedens est invniidum. Moore. 764; Go. Litt. 2.05. Confirmation is void where the preceding gift is invalid.

C omnes ‘ " ‘ ‘ licet id quad actnm est ab initio non vnlnit. Co. Litt. 29512. Confirmation supplies all defects, though that which had been done was not valid at the beginning.

CONFIRMATION. A contract by which that which was infirm. imperfect, or subject to be avoided is made [inn and uuavoidabie.

A conveyance of nn estate or right in ease, whereby a voidalile estate is nude sure and unavoidable, or whereby a particular estate is increased. Co. Litt. 29512. Jackson v. Root, 18 Johns. (N. Y.) 60: People v. Law. 34 Barb. (N Y.) 511; De Mares v. Gilpin, 15 Colo. 76. 24 Poe. 568.

In English ecclesiastical law. The rati- fication by the archbishop of the eiection of a bishop by dean and chapter under the king's letter missive prior to the investment and consecration of the hishop by the arch- bishop. 25 ilen. VIII. c. 20. —Conflnnn.tinn of sale. The confirmation of a judicial saie by the court which ordered it is u signification in some way (usually by the entry of an order) of the court's approval of the terms, price, and conditions of the sale. Johnson v. Cooper. 56 Miss. 618; Hyman v. Smith, 13 W. Va. 765.

CONFIRMAVI. Lat. I have confirmed. The emphatic word in the ancient deeds of confirmation. Fleta, lib. 3, c. 1-1. § 5.

C ONFIRMEE. of confirmation,

The grantee in a deed

CONFIRMOB. The grantor in a deed of confirinutiou.

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CON FLICXI‘ OF LAWS

CONPISCABLE. Capable of being um- fiscated or suitable for confiscation; liable to forfeiture. Camp 7. Lockwood, 1 Dali. (Pa) 393, 1 L Ed. 191.

CONFISCARE. In civil and old Eiuziiii law. To confiscate; to claim for or brig into the fisc, or treasury. Bract. fol. 150.

CONPISCATE. To appropriate property to the use of the state. To adjudge Ilropurty to be forfeited to the public treasury; to seize and condemn private forfeited property to public use. Ware v. Hylton. 3 Dal]. 23-3 1 L. Ed. 568; State v. Sargent, 12 Mo. App. 234.

Formerly, it appears, this term was used as synonymous with "forfeit," but at present the distinction between the two terms is weil mark- ed. Confiscation supervenes upon farfei The person, by his act, forfeits his pm]. the state thereupon appropriates it. that is, c fisc-ates it. Hence, to confiscate property impiies that it has first been forfeited; but to forfeit property docs not necessariiy imply that it 'il be confiscated.

is also to be distin,-suishcd from ' as prize. The former is the B4! of the sovereign against a reheliious siitfyw; the I he act of a beiligerent against an- other beiiigerent. Confiscation may be efiecl,-d by such means, summary or arbitrary, as the sovereign. expressing its will through lawful may please to adopt (‘iondr-innatiuu as prize can only be made in accordance with pricniples of law recognived in the common jurisprudence of the woi-id. Both are proceedings in rem, but confiscation recognizes the titie of the originai owner to the property, wbile in prize the tenure of the property is qnalifi-l. provisional, and destitute of absolute ownership. Winchester v. U. S.. 14 Ct. Cl. 48.

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CONFISCATEE. One whose property has been seized and sold under a confiscation act, e. g., for unpaid taxes. See Brent v. New Orleans, -11 La. Ann. 1098, 6 South. 793.

CONFISCATION. The act of confiscating: or of condemning and adjudging to the public treasury.

—Con£sca.t-ion nets. Certain acts of con- gress, enacted during the progress of the civil war (1861 and 180'!) in the exercise of the war powers of the government and meant (I strengthen its hands and aid in suppressing the rehoiiion, which authorized the seizure. condemnation, and forfeiture of “property used for insurrectionary purposes." 12 U. S. . Imrge, 319, 589; Miiler v. U. S., 11 \\’ail 20 L. Ed. 135; Semmes v. U. S., 91 . S 23 L. Ed. 193.—Confisention cases.

the validity and construction of the conhscntion acts of congress. Reported in 7 Wall. 45-}. 19 L. Ed 196.

CONPISK. An old form of confiscate.

CONFITENS ZEUS. who admits his guilt.

An accused person

CONFLICT OF LAWS. 1. A11 opposition, conflict, or antagonism between differ