Confirmation

Making firm what was before infirm.''

1. Affirmation; ratifipation, q. v. 2.

A secondary or derivative conveyance, defined by Coke to be "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."'

3.

The judicial sanction of a court: as, the confirmation of a sale.s A decree of confirmation upon a judicial sale is a judgment of the court, wjiich determines the rights of the parties.

— Before confirmation, the whole proceed- ' [1 Greenl. Ev. § 216; 1 Cliff. 23; 28 Mo. 230, a 1 Greenl. Ev. § 217. 3 Commonwealth v. Sego, 125 Mass. 213 (1878); Speer V. State, 4 Tex. Ap. 479-86 (1878), cases; People v. Mc Gloiu, 91 N. Y. 247 (1883). « 1 Greenl. Ev. ch. XII. 5 1 Greenl. Ev. § 219. And see Hopt v. Utah, 110 U. S. ' 584-87 (1884), cases; 4 Bl. Com. 357; 1 B. & H. Lead. Or. Cas, 112, note; 59 Cal. 457; 68 Ga. 663; 34 La. An. 17-18; 89 N. C. 629. • [Coke, Litt. 295. '2 Bl. Cora. 325; 1 Inst. 295; Litt. §§ 515, 516, 531; tag is in fieri, and under the control of the court. Until confli-matiou' the accepted bidder is not regarded as the purchaser. Whether the sale will be confirmed depends upon the circumstances of each case, and the sound discretion of the court in view of fairness, prudence, and the rights of all concerned.' CONriSCATE.2 To transfer property from private to public use;

— to forfeit property to the prince or state, s Usage tends to confine the word to seizures of property by way of punishment of a breach of allegiance, or in the exercise of rights given by the laws of war.* " Confiscation " is the act of the sovereign against a rebellious subject. " Condemnation " as prize is the act of a belligerent against another 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 principles of law recognized in the common jurisprudence of the world. Both are proceedings in 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.* Confiscation Acts of 1861 and 1862. The act of August 6, 1861, and the act of July 17, 1862.6 Made in exercise of the war powers of the Government. The right to make such laws exists alike in civil and foreign war. Congress determmes what property shall be taken.' The proceedings are justified as an exercise of belligerent rights against a public enemy, and are not a punishment for treason. Hence, the pardon of an act of treason will not restore rights of property previously condemned. ^ The act of 1862, as explamed by a resolution of the same date, provided that forfeiture of realty should not extend beyond the life of the offender. Passing this act was an exercise of war powers, not a criminal proceeding. » Its design was to strengthen the Government and to enfeeble the enemy by taking from the adherents of that enemy the power to use their property in aid of the hostile cause. It provided for the 'Brook r.Rice, 27 Gratt. 815-16(1876), cases; Terry n. Coles's Executor, 80 Va. 703-7 (1885), cases. ' L. conflscare, to transfer to the public purse: flscus, & purse. 5 Ware v. Hylton, 3 Dall. 334 (1796); 12 Mo. Ap. 234. •See 1 Bl. Com. 299; 1 Kent, 52. 'Winchester u. United States, 14 Ct. CI. 48 (1879), Davis, J. « 12 St. L. 319, 590. 'Miller v. United States, U Wall. 308, 312-18 (1870); Alexander's Cotton, 2 id. 419 (1864). a Semmes v. United States, 91 U. S. 27 (1875). » Bigelow V. Forrest, 9 Wall. 350, 338 (1869); Miller v. United States, 11 id. 304, 868 (1870); Day v. Micou, 18 seizure and condemnation of the life-estate, with the fee left m the heirs.' The act of 1801 made property a lawful subject of capture and prize. The object of the act of 1862 was to confiscate the property of traitors by way of punishment for countenancing the rebellion.^ The act of 1803, generally known as the Confiscation Act, and the joint resolution of the same day explanatory thereof, must be construed together. In a sale of property thereimder, all that could be sold was a right to the property seized, terminating with the life of the offender. Such sale does not affect the rights of a mortgagee in favor of a third person. The property goes to the Government or to the purchaser cum onere.' Debts and credits, which are intangible, are nowhere confiscated.' See Attaindee; Pardon; Prohibition, 2; War.