Confiscate

To appropriate to the use of the state. Especially used of the goods and property of alien enemies found in a state in time of war. 1 Kent, Comm. 52 et seq. Bona confiscata and forisfacta are said to be the same (1_B1. Comm. 299), and the result to the individual is the same whether the property be forfeited or confiscated; but, as distinguished, an individual forfeits/ a state confiscates, goods or other property. Used also as an adjective, — forfeited. 1 BL Comm. 299. Confiscation is to be distinguished from a proceeding in prize. "Confiscation is the act of the sovereign against a rebellious subject; condemnation as prize is the act of a belligerent against another belligerent." 14 Ct. CI. Rep. 48.

To appropriate to the use of the st.i Especially used of the goods and property of alien enemies found in a state lu time of war. 1 K et seq. Bona confiscata and forisfacta are said to be the same (1 Bla. Con- to the individual Is the same whether the feited or confiscated; I n Individual forfeits, a state confiscate''-, good; or other property. Used also as an adjec:. Ill a. Com. 299. In International Law. It is a rule that the property of the subjects ol found in the country may be appropriated by the government without notice, unless there be a treaty to the contrary; Hall, Int. L.:;;>7; The Emulous. 1 GalL.".;::. Fed 4,479; Ware v. Ilylton, 3 DalL (U. S.) 199, 1 1.. Ed. 568. 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, 1. 3, c. 4, § 63. Sir M Foster (Discourses on High Treason, pp. 185 6) mentions several instances of such declarations by the king of Great Britain; and he says that alien enemies were thereby enabled to acquire personal chattels and to maintain actions for the recovery of their personal rights in as full a manner as alien friends; 1 Kent 57. In the United States, the broad principle has been laid down "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:-' Brown v. I', s.. 8 Cra. (U. S.) 122, 3 L. Ed. 504. Commercial nations have always considerable property in the possession of their neighbors: and when war breaks out, the question what shall be done with enemies' 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 authorizing the confiscation of enemies' property, it cannot be condemned; 8 Cra. (U. S.) 128, 3 L. Ed. 504. Notwithstanding this positive statement of the law, private property of enemy subjects Waa n. 'i confiscated during the wars of the L9th century, and it may safely be said that an Internationa] custom prohibiting such confiscation has grown up having nearly the force of law. An exception is to be found in the right of a belligerent to seize and make use of such private property of enemy subthe other hand, public property, such as provisions, ammunition, rolling stock of state railroads, realizable securities, funds, etc., of one belligerent in the territory of the other, is subject to seizure. See IV H. C. Art 53. The claim of a right to confiscate debts contracted by individuals in time of peace, and which remain due to subjects of the enemy in time of war, rests upon much the same principle 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 64. The right of confiscation exists as fully in case of a civil war as it does when the war is foreign, and rebels in arms against the lawful government, or persons inhabiting the territory exclusively within the control of the rebel belligerents, may be treated as public enemies. So may adherents, or aiders and abettors of such a belligerent, though not resident in such enemy's territory; Miller v. U. S., 11 Wall. (U. S.) 2G9, 20 L. Ed. 135. Proceedings under the Confiscation Act of July 17, 18G2, were justified as an exercise of belligerent rights against a public enemy, but were not, in their nature, a punishment for treason. Therefore, confiscation being a proceeding distinct from, and independent of, the treasonable guilt of the owner of the property confiscated, pardon for treason will not restore rights to property previously condemned and sold in the exercise of belligerent rights as against a purchaser in good faith and for value; Semmes v. U. S., 91 U. S. 21, 23 L. Ed. 193. A suit in confiscation Is an action of entirely different nature from a proceeding in prize. Confiscation is the act of the sovereign against a rebellious subject Condemnation as prize is the act of a belligerent against another belligerent or against an offending neutral. Confiscation may be effected by such means, either summary or arbitrary, as the sovereign expressing his 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 which is to be forfeited, while in prize the tenure of the property seized is qualified, provisional and destitute of absolute ownership; The Peterhoff, Blatchf. Pr. Cas. 620, Fed. Cas. No. 11,025. To confiscate property seized upon land, resort must be had to the common-law side of the court; The Confiscation Cases, 20 Wall. (U. S.) 110, 22 L. Ed. 320; prize proceedings are always in admiralty; Winchester v. U. S., 14 Ct Cls. 48. See, generally, Chitty, Law of Nations, c. liv. 3, c. 4, § 63; Twiss, Law of Nations; Wbeaton; Hall, International Law.

To adjudge to be forfeited to the public treasury; to condemn private forfeited property to public use.

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,

[Lat. confiscatum, confiscata.] Confiscated; forfeited to the treasury or exchequer of the king or state; seized as forfeited. Termes de la ley. Staundf. Pl. Cor. lib. 3, c. 24. Cowell. 1 Bl. Com. 299. See To confiscate. Bona confiscata. To CONFISCATE. [L. Lat. confiscare, from con, with, and fiscus, a treasury.] To adjudge to be forfeited to the public treasury; to condemn private forfeited property to public use. Webster. — To convert or appropriate private property to the use of the state, as being forfeited; to transfer private property to the fisc, or public treasury, on the ground of its being forfeited. See 1 Kent's Com. 66, 59. Debts are sometimes said to be confiscated. Id. 62. See Confiscation. "To confiscate" and "to forfeit" have been called synonymous terms, and have been so used. Blount. Chase, J., 3 Dallas' R. 199. This is on the authority of Lord Coke, who observes that confiscare and forisfacere are synonyma. 3 Inst. 227. As used in modern law, however, there seems to be a clear distinction between them; to forfeit being properly applied to the act of the individual, and the consequent condition of his property; to confiscate, to the action of the state thereon. The individual forfeits; the property itself is forfeited; the state confiscates it as forfeited. Property cannot be confiscated without being legally forfeited, but it may be forfeited without being confiscated, as where a forfeiture is not taken advantage of. Where property is forfeited, it does not vest in the government, until after a seizure, which then relates back to the time of the forfeiture. 1 Story's R. 109.