confirmation

The confirmation only enures to the benefit of the confirmee so far as the legal title is concerned. It establishes the legal title in him, but it does not determine the equitable relations between him and third parties.

A contract by which that which was voidable is made firm and unavoidable. A conveyance, whereby a voidable estate previously granted is made firm. Ratification of an official act by a person or body having a supervisory jurisdiction; as confirmation of a referee's report by the court; confirmation of a sheriff's sale; confirmation by the legislative body of an appointment by the executive. In Ecclesiastical Law. Ratification by the archbishop of the election of a bishop by the dean and chapter. Wharton. CONFIRMAVI (Lat.) I have confirmed. Used in ancient deeds of confirmation.

A contract by which that which was voidable is made firm and unavoidable. A species of conveyance. Where a party, acting for himself or by a previously authorized agent, has attempted to enter into a contract, but has done so in an informal or invalid manner, he confirms the act and thus renders it valid, in which case it will take effect as between the parties from the original making. See 2 Bouvier, Inst. nn. 2067-2069. To make a valid confirmation, the party must be apprized of his rights; and where there has been a fraud in the transaction he must be aware of it and intend to confirm his contract. See 1 Ball & B. 353; 2 Sch. & L. 486; 12 Ves. Ch. 373; 1 id. 215; 1 Atk. 301. A confirmation does not strengthen a void estate. For confirmation may make a voidable or defeasible estate good, but cannot operate on an estate void in law; Co. Litt. 295. The canon law agrees with this rule; and hence the maxim, qui confirmat nihil dat. Toullier, Dr. Civ. Fr. l. 3, t. 3, c. 6, n. 476. See Viner, Abr.; Comyns, Dig.; Ayliffe, Pand. *386; 1 Chit. Pr. 315; Blessing v. House's Lessee, 3 Gill & J. (Md.) 290; Love's Lessee v. Shields, 3 Yerg. (Tenn.) 405; 9 Co. 142 a; Ratification.

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. 295b. Jackson v. Root, 18 Johns. (N. Y.) 60; People v. Law, 34 Barb. (N. Y.) 511; De Mares v. Gllpim 15 Co.lo. 76, 24 Pan. 568.

In English ecclesiastical law. The ratification 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 archbishop. 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 entry of an order) of the court's approval of the terms, price, and conditions of the sale. Johnson v. Cooper, 56 Miss. 618; Hyman v. Smith, 13 W. Va. 765.

A conveyance of an estate or right in esse, by which a voidable estate is made sure and unavoidable, or whereby a particular estate is increased and enlarged.

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.

A deed of confirmation may be either by way of ratification, or perfecting grant, of a previous estate.

[Lat. confirmatio, q. v.] 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 [and enlarged.] Co, Litt 295 b. Litt, sect. 615, 516. 2 £L Com. 325. 1 Steph. Com. 482. Shep. Touch, 311. Tennes de la ley. An approbation of, or assent to an estate already created, by which the confirmor strengthens and gives validity to it, as far as it is in his power. Oilb, Tenures, 15. Butlers Co, Litt. lib. 3, note 253. The most common and proper words of making it are " have ratified, approved and confirmed," {ratifieass Sf approbasse et con JirmxLSse.) Litt. sect. 515. /Shep. Touch. 311. These are the operative words, although it is usual to iosert the words "given and granted," also. Watkins on Cmv. 221. A confirmation belongs to that class of conveyances termed secondary or derivative, and is nearly allied to a release. 2 Bl. Com. 324, 325. How it difters from a release, see Watkins on Conv. 219. Litt. sect. 516, c^ seg. There are implied as well as express confirmations, the former being made by construction of law. Co. Litt. 296 b. Shep. Touch. 311. The party making a confirmation is sometimes called the confirmor, and he to whom it is made the confirmee. Id. ibid.

contracts, conveyancing. 1. A contract by which that which was voidable, is made firm and unavoidable. 2. A species of conveyance. ' 1. When a contract has been entered into by a stranger without authority, he in whose name it has been made, may by his own act confirm it; or if the contract be made by the formal manner confirm and render it valid; and in that event it will take effect, as between the parties, from the original making. To make a valid confirmation the party must be apprised of his rights, and where there has been a fraud in the transaction, he must be aware of it, and intend to confirm his contract. Vide 1 Ball & Beaty, 353; 2 Scho. & Lef. 486; 12 Ves. 373; 1 Ves. Jr. 215. 2. Lord Coke defines a confirmation of an estate, to be “a conveyance of an estate or right in esse, whereby a voidable estate is made sure and unavoidable; or where a particular estate is increased.” The first part of ths definition may be illustrated by the following case put by Littleton, § 516; where'a person lets land to another for the term of his life, who lets the same to another for forty years, by force of which he is in possession; if the lessor for life confirms the estate of the tenant for years, by deed, and afterwards the tenant for life dies, during the term; this deed will operate as a confirmation of the term for years. As to the latter branch of the definition; whenever a confirmation operates by way of increasing the estate, it is similar in every respect to a release that operates by way of enlargement, for there must be privity of estate, and proper words of limitation. The proper technical words of a confirmation are, ratify, approve and confirm. A confirmation does not strengthen a void estate. Cunfrmatro est nulla, ubt donum precedens est invalidum, et ubi donatio nulla est nec valebit confirmatio. For conformation may make a voidable or defeasible estate good, but cannot operate on an estate void in law. Co. Litt. 295. ‘The. canon law agrees with this rule, and hence the maxim Vide Vin. Ab. h. t.; Com. Dig. h. t.; Ayliff’s Pand. *386; 1 Ch. Pr. 315. CONFISCATION is the act by which the estate, goods or chattels, of a person who has been guilty of some crime, or whois a publicenemy, is declared to be forfeited for the benetit of the public treasury. When property is forfeited as a punishment for the commission of crime, it is usually called a forfeiture. 1 BI. Com. 299. It-is a general rule that the property of the subjects of an enemy found in the country may be appropriated by the government, without notice, unless there be a treaty to the contrary. It has been frequently provided by treaty that foreign subjects should be permitted to remain and continue their business, notwithstanding a rupture between the governments, so long as they conducted themselves innocently; and when there was no such treaty, such a liberal permission has been announced in the very declaration of war. Vattel, liv. 3,c. 4, § 63. Sir Michael Foster, (Discourses on High Treason, p- 185, 6,) mentions several instances of such declarations by the king of Great Britain, and he says that aliens were thereby enabled to acquire personal chattels and to maintain actions for the recovery of their personal rights, in as fulla manner as alien friends. 1 Kent. Com. 57. In the United States, the broad principle has been assumed “ that war gives to the sovereign full right to take the persons and confiscate the property of the enemy wherever found. The mitigations of this rigid rule, which the policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself.” 8 Cranch, possession of their neighbours; and when war breaks out, the question what shall be done with enemy’s property found in the country, is one rather of policy than of law, and is properly addressed to the consideration of the legislature, and not to courts of law. ‘The strict right of confiscation exists in Congress; and without a legislative act authorising its confiscation, it cannot be condemned. 8 Cranch, 128, 9. See Chit. Law of Nations, c. 3; Marten’s Law of Nat. lib. 8, c. 3, s 9; Burlamaqui, Princ. of Pol. Law, part 4,c.7; Vattel, liv. 3,c. 4, § 63, The claim of a right to confiscate debts, contracted by individuals in times of peace, and which remain due to subjects of the enemy in time of war, rests very much upon the same principles as that concerning the enemy’s tangible property, found in the country at the commencement of the war. But it is the universal practice to forbear to seize and confiscate debts and credits. 1 Kent. Com. 64, 5.