Blacks Law Dict. 1st ed

CONFLICT OF LAWS

250

CONFIRMATIO

consecration of the bishop by the archbishop. 25 Hen. VIII. c. 20. CONFIRMAVI. Lat. I have con firmed. The emphatic word in the ancient deeds of confirmation. Fleta, lib. 3, c. 14, § 5. CONFIRMEE. The grantee in a deed of confirmation. CONFIRMOR. The grantor in a deed of confirmation. CONFISCARE. In civil and old English law. To confiscate; to claim for or bring into the fisc, or treasury. Bract, fol. 150. CONFISCATE. To appropriate property to the use of the state. To adjudge property to be forfeited to the public treasury; to seize and condemn private forfeited property to public use. Formerly, it appears, this term was used as syn onymous with "forfeit," but at present the dis tinction between the two terms is well marked. Confiscation supervenes upon forfeiture. The per son, by his act, forfeits his property; the state thereupon appropriates it, that is, confiscates it. Hence, to confiscate property implies that it has first been forfeited; but to forfeit property does not necessarily imply that it will be confiscated. "Confiscation" is also to be distinguished from " condemnation " as prize. The former is the act of the sovereign against a rebellious subject; the lat ter is the act of a belligerent against another bel ligerent. Confiscation may be effected by such means, summary or arbitrary, as the sovereign, expressing its will through lawful channels, may please to adopt. Condemnation as prize can only be made in accordance with principles of law recognized in the common jurisprudence of the world. Both are proceedings in renu, but confisca tion recognizes the title of the original owner to the property, while in prize the tenure of the prop erty is qualified, provisional, and destitute of ab solute ownership. 14 Ct. Cl. 48. CONFISCATION. The act of confiscat ing; or of condemning and adjudging to the public treasury. CONFISK. An old form of confiscate. CONFITENS RETJS. An accused per son who admits his guilt. CONFLICT OF LAWS. 1. An opposi tion, conflict, or antagonism between differ ent laws of the same state or sovereignty upon the same subject-matter. 2. A similar inconsistency between the mu nicipal laws of different states or countries, arising in the case of persons who have ac quired rights or a status, or made contracts, or incurred obligations, within the territory of two or more states. 3. That branch of jurisprudence, arising from the diversity of the laws of different na

CONFIRMATIO. The conveyance of an estate, or the communication of a right that one hath in or unto lands or tenements, to another that hath the possession thereof, or some other estate therein, whereby a void able estate is made sure and unavoidable, or whereby a particular estate is increased or enlarged. Shep. Touch. 311; 2 Bl. Comm. 325. CONFIRMATIO CHARTARUM. Lat. Confirmation of the charters. A stat ute passed in the 25 Edw. I., 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 be sent to all cathedral churches and read twice a year to the people; and sentence of excommunication is directed to be as con stantly denounced against all those that, by word or deed or counsel, act contrary there to or in any degree infringe it. 1 Bl. Comm. 128. CONFIRMATIO CRESCENS. An en larging confirmation; one which enlarges a rightful estate. Shep. Touch. 311. CONFIRMATIO DIMINUENS. A diminishing confirmation. A confirmation which tends and serves to diminish and abridge the services whereby a tenant doth hold, operating as a release of part of the services. Shep. Touch. 311. Conftrmatio est nulla ubi donum preecedens est invalidum. Moore, 764; Co. Litt. 295. Confirmation Is void where the preceding gift is invalid. Confirmatio omnes supplet defectus, licet id quod actum est ab initio non valuit. Co. Litt. 2956. Confirmation sup plies all defects, though that which had been done was not valid at the beginning. CONFIRMATIO PERFICIENS. A confirmation which makes valid a wrongful and defeasible title, or makes a conditional estate absolute. Shep. Touch. 311. CONFIRMATION. A contract by which that which was infirm, imperfect, or subject to be avoided is made firm and unavoidable. A conveyance of an estate or right in esse, whereby a voidable estate is made sure and unavoidable, or whereby a particular estate is increased. Co. Litt. 2956. In English, ecclesiastical law. The rat ification by the archbishop of the election of a bishop by dean and chapter under the king's letter missive prior to the investment and j

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