confiscation 音標拼音: [k
, ɑnfəsk'eʃən]
n . 沒收,充公,征發
沒收,充公,征發
confiscation n 1 :
seizure by the government [
synonym : {
confiscation },
{
arrogation }]
Confiscation \
Con `
fis *
ca "
tion \,
n . [
L .
confiscatio .]
The act or process of taking property or condemning it to be taken ,
as forfeited to the public use .
[
1913 Webster ]
The confiscations following a subdued rebellion .
--
Hallam .
[
1913 Webster ]
CONFISCATION .
The act by which the estate ,
goods or chattels of a person who has been guilty of some crime ,
or who is a public enemy ,
is declared to be forfeited for the benefit of the public treasury .
Domat ,
Droit Public ,
liv .
1 ,
tit .
6 ,
s .
2 ,
n .
1 .
When property is forfeited as a punishment for the commission of crime ,
it is usually called a forfeiture .
1 Bl .
Com .
299 .
2 .
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 .
1 Gallis .
R .
563 ;
8 Dall .
R .
199 ;
N .
Car .
Cas .
79 .
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 ,
Sec .
63 .
Sir Michael Poster , (
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 full a manner as alien friends .
1 Kent ,
Coin .
57 .
3 .
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 ,
122 -
3 .
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 Cranch ,
128 ,
129 .
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 ,
Sec .
63 .
4 .
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 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 ;
vide 4 Cranch ,
R .
415 Charlt .
140 ;
2 Harr . &
John .
101 ,
112 ,
471 6 Cranch ,
R .
286 ;
7 Conn .
R .
428 :
2 Tayl .
R .
115 ;
1 Day ,
R .
4 ;
Kirby ,
R .
228 ,
291 C . &
N .
77 ,
492 .
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