Confiscate

Toappropriate property to the use of the state. ‘lo adjudge property to be forfeited to the public treasury; to seize and condemn private forfeited property to public use. Hormerly, it appears, this term was used as synouymous with “forfeit,” but at present the dis tinction between the two terms is well maried Confiscation supervenesupon torfeiture. Ths per son, by his act, forfeits his property; the stata therenpon appropriates it, that is, confiscates if, 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, Tkeformar is theactof the sovereign againsta rebellious subject; the lat ter is the act of a belligerent against unother belligerent. Confiscation may be etfected 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 mado in accordance with principles of law recognized in the common jurisprudence of tha world. Both are proceedings in rem, but confisca tion recognizes ths title of the original owner to the property, while iu prize the tenure of tho property is qualified, provisional, and destitute of ab solute ownership.

14 Ct. Cl, 48,