KFLCC Kingdom Law 2nd Ed.

CONPIRMATIO

244

CONFLICT OP LAWS

enlarged. Shep. Touch. 311; 2 Bl. Comm. 325. —Conflrmatio crescens. An enlarging con firmation ; one which enlarges a rightful estate. Shep. Touch. 311.—Conflrmatio diminuens. A diminishing confirmation. A confirmation which tends and serves to diminish and abridge the services whereby a tenant doth hold, operat ing as a release of part of the services. Shep. Touch. 311.—Conflrmatio perficiens. A con firmation which makes valid a wrongful and de feasible title, or makes a conditional estate ab solute. Shep. Touch. 311. A statute 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. Conflrmatio est nulla nbi donnm prse eedens est invalidum. Moore, 764; Co. Litt 295. Confirmation is void where the preceding gift is invalid. Conflrmatio omnes snpplet defectns, 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. 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. 295&. Jackson v. Root, 18 Johns. (N. Y.) 60; People v. Law, 34 Barb. (N. Y.) 511; De Mares v. Gilpin, 15 Colo. 76, 24 Pac. 568. In English, ecclesiastical law. The rati fication by the archbishop of the election of a bishop by dean and chapter under the king's letter missive prior to the investment and consecration of the bishop by the arch bishop. 25 Hen. VIII. c. 20. —Confirmation of sale. The confirmation of a judicial sale by the court which ordered it is a signification in some way (usually by the en try of an order) of the court's approval of the terms, price, and conditions of the sale. John eon 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. 14, § 5. CONFIRMEE. The grantee in a deed of confirmation. CONFIRMOR. The grantor in a deed of confirmation. CONFIRMATIO CHARTARUM. Lat Confirmation of the charters.

CONFISCABLE. Capable of being con fiscated or suitable for confiscation; liable to forfeiture. Camp v. Lockwood, 1 DalL (Pa.) 393, 1 L. Ed. 194. 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. Ware v. Hylton, 3 Dall. 234, 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 well mark ed. Confiscation supervenes upon forfeiture. The person, by his act, forfeits his property; the state thereupon appropriates it, that is, con fiscates it. Hence, to confiscate property im plies that it has first been forfeited; but to for feit 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 latter is the act of a belligerent against an other belligerent. 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 prin ciples of law recognized in the common juris prudence of the world. Both are proceedings •n rem, but confiscation recognizes the title of the original owner to the property, while in prize the tenure of the property is qualified, provisional, and destitute of absolute ownership. Winchester v. U. S., 14 Ct CI. 48. One whose property has been seized and sold under a confiscation act, e. g., for unpaid taxes. See Brent v. New Orleans, 41 La. Ann. 1098, 6 South. 793. CONFISCATION. The act of confiscat ing; or of condemning and adjudging to the public treasury. —Confiscation acts. Certain acts of con gress, enacted during the progress of the civil war (1861 and 1862) in the exercise of the war powers of the government and meant to strengthen its hands and aid in suppressing the rebellion, which authorized the seizure, con demnation, and forfeiture of "property used for insurrectionary purposes." 12 U. S. St at Large, 319, 589; Miller v. U. S y 11 Wall. 268, 20 L. Ed. 135; Semmes v. U. S., 91 U. S. 27, 23 L. Ed. 193.—Confiscation oases. The name given to a group of fifteen cases decided by the United States supreme court in 1868, on the validity and construction of the confiscation acts of congress. Reported in 7 Wall. 454, 19 L. Ed. 196. CONFISCATEE.

CONFISK. An old form of

confiscate.

CONFITENS REUS. An accused person who admits his guilt

CONFLICT OF LAWS. 1. An opposi tion, conflict or antagonism between differ-