Condemnation

Sometimes used to indicate proceedingsj for taking property by right of 'eminent domain. In Admiralty. The sentence of a competent tribunal which declares a ship unfit for service. This sentence may be re-examined and litigated by the parties interested in disputing it. 5 Esp. 65; Abb. Shipp. 4. The judgment, sentence or decree by which property seized and subject to forfeiture for an infraction of revenue, navigation, or other laws is condemned or forfeited to the government. See "Captor." The sentence or judgment of a court of competent jurisdiction, that a ship or vessel taken as a prize on the high seas was liable to capture, and was properly and legally captured and held as prize. In Civil Lawf. A sentence or judgment which condemns some one to do, to give, or to pay something, or which declares that his claim or pretensions are unfounded. In Criminal Law. The word is used In this sense by common-law lawyers also, though it is more usual to say "conviction." 3 Bl. Comm. 291. It is a maxim that no man ought to be condemned unheard, and vnthout the opportunity of being heard. action is adjudged or condemned to pay; sometimes simply called the "condemnation." 3 Bl. Comm. 291. It answers to the judicatum of the civil law. Id. 291, 292.

The sentence of a competent tribunal which declares a ship unfit for service. This sentence may be reexamined and litigated by the parties interested* in disputing it; 5 Esp. 65; Abb. Sh. 15; 30 L J. Ad. 145. The judgment, sentence, or decree by which property seized and subject to forfeiture for an infraction of revenue, navigation, or other laws is condemned or forfeited to the government. See Captob. In International Law. The sentence or judgment of a court of competent jurisdiction that a ship or vessel taken as a prize on the high seas was liable to capture, and was properly and legally captured and held as prize. Some of the grounds of capture and condemnation are: violation of neutrality in time of war; The Commercen, 2 Gall. 261, Fed. Cas. No. 3,055; carrying contraband goods; The Springbok, 5 Wall. (U. S.) 1, 18 L. Ed. 480; The Peterhoff, 5 Wall. (U. S.) 28, 18 L. Ed. 5G4; The Bermuda, 3 Wall. (U. S.) 514, 18 L. Ed. 200; breach of blockade; The Plymouth, 3 Wall. (U. S.) 28, 18 L. Ed. 125; The Louisiana, 3 Wall. (U. S.) 170, 18 L. Ed. 85; The Admiral, 3 WalL (U. S.) 603, 18 L. Ed. 58. By the general practice of the law of nations, a sentence of condemnation is at present generally deemed necessary in order to divest the title of a vessel taken as a prize. Until this has been done, the original owner may regain his property, although the ship may have been in possession of the enemy twenty-four hours, or carried infra prwsidia; Hall, Int. L.; The Estrella, 4 Wheat. (U. S.) 298, 4 L. Ed. 574. A sentence of condemnation is generally binding everywhere; Gelston v. Hoyt, 3 Wheat. (U. S.) 240, 4 L. Ed. 381; Croudson v. Leonard, 4 Cra. (U. S.) 434, 2 L. Ed. 670. Title vests completely in the captors, and relates back to the time of capture; 2 Buss. & M. 35; 15 Ves. 139. Confiscation (q. v.), in technical if not in as prize is the act of a belligerent against another belligerent. The former may be effected by such means as the sovereign through legal channels may please to adopt; the latter can be made only in accordance with principles recognized in the common jurisprudence of the world. Both are in rem; but confiscation recognizes the title of the original owner, while in prize the tenure of the property is qualified, provisional and destitute of absolute ownership; Winchester v. U. S., 14 Ct. Cls. 14. The condemnation of prize property while lying in a neutral port or the port of an ally is valid; Jecker v. Montgomery,* 13 How. (U. S.) 498, 14 L. Ed. 240; 4 C. Bob. 43. By Art. 3 of the Convention Relative to the Establishment of an International Prize Court (q. v.) the judgments of national prize courts condemning neutral ships or cargoes, or enemy cargoes on board neutral ships, may be reviewed by the International Prize Court. The word is in general use in connection with the taking of land under the right of eminent domain, q. v. The condemnation of lands is but a purchase of them in invitum, and the title acquired is but a quit claim; Lake Merced Water Co. v. Cowles, 31 Cal. 215. In Civil Law. A sentence or judgment which condemns some one to do, to give, or to pay something, or which declares that his claim or pretensions are unfounded. The word Is used in this sense by common-law lawyers also; though it is more usual to say conviction, both in civil and criminal cases; 3 Bla. Com. 291. It is a maxim that no man ought to be condemned unheard and without the opportunity of being heard. CONDICTIO ( La t. from condicere). In Civil Law. A summons. A personal action. An action arising from an obligation to do or give some certain, precise, and defined thing. Inst. 3. 15. pr. Condictio is a general name given to personal actions, or actions arising from obligations, and is distinguished from vindicatio (real action), an action to regain possession of a thing belonging to the actor, and from actiones mixta (mixed actions). Condictio is also distinguished from an action ex stipulatu, which is a personal action which lies where the thing to be done or given is uncertain in amount or identity. See Calvinus, Lex.; Halifax, Anal. 117.

In admiralty law. The judgment or sentence of a court having jurisdiction and acting in rem, by which
(1) it is declared that a vessel which has been captured at sea as a prize was lawfully so seized and is liable to be treated as prize; or
(2) that property which has bcen seized for an alleged violation of the revenue laws, neutrality laws, navigation laws, etc., was lawfully so seized, and is, for such cause, forfeited to the government; or
(3) that the vessel which is the subject of inquiry is unfit and unsafe for navigation. Gallagher v. Murray, 9 Fed. Cas. 1087.

In the civil law. A sentence or judgment which condemns seme one to do, to give, or to pay something, or which declares that his claim or pretensions are unfounded. Lockwood v. Saffold, 1 Ga. 72.

In real-property law. The process by which property of a private owner is taken for public use, without his consent, but upon the award and payment of just compensation, being in the nature of a forced sale. Atlanta, K. & N. R. Co. v. Southern Ry. Co., 131 Fed. 606, 66 C. C. A. 601; Venable v. Railway Co., 112 Mo. 103, 20 S. W. 493, 18 L. R. A. 68; In re Rugheimer (D. C.) 36 Fed. 369.

v. Condemn. one is adjudged to pay; the damages tion is adjudged to pay.

In admiralty law. The judgment or sentence of a court having jurisdiction and acting in rem, by which (1) it is declared that a vessel which has been captured at sea as a prize was lawfully so seized and is liable to be treated as prize; or (2) that property which has been seized for an alleged violation of the revenue laws, neutrality laws, navigation laws, etc., was lawfully so seized, and is, for such cause, forfeited to the government; or (3) that the vessel which is the subject of inquiry is unfit and unsafe for navigation.

In the civil law. A sentence or judgment which condemns some one to do, to give, or to pay something, or which declares that his claim or pretensions are unfounded.

In international law. The sentence of a court of competent jurisdiction, that a ship or vessel taken on the high seas was liable to capture, and was legally captured. Chitty's Law of Nations, 99. Holthouse. This sentence is in all oases essential to change the property. 1 Kent's Com, 102, lOD.

civil law, is a sentence or judgment which condemns some one to do, to give, or to pay something; or which declares that his claim or pretensions are unfounded. This word is also used by comman lawyers, though it is more usual to say conviction, both in civil and criminal cases. It isa maxim that no man ought to be condemned unheard, or without the opportunity of being heard.