Editing Confiscation (section)

== History ==

=== Roman Law ===
Originally, in Roman law, confiscation was the seizure and transfer of private property to the ''fiscus'' (treasury) by the emperor; hence the appropriation, under legal authority, of private property to the state.<ref name="EB1911" />

=== English Law ===
In modern English law, confiscation embraces [[asset forfeiture|forfeiture]] in the case of goods, and [[escheat]] in the case of lands, for crime or in default of heirs (see also [[Eminent domain]]).<ref name="EB1911" /> Goods may also be confiscated by the state for breaches of statutes relating to customs, excise or explosives.<ref name="EB1911" /> In the [[United Kingdom]] a confiscation order is a court order made under part 2 (England & Wales), part 3 (Scotland) or part 4 (Northern Ireland) of the [[Proceeds of Crime Act 2002]] requiring a convicted defendant to pay a specified sum of money to the state by a specified date.

=== United States ===
During the [[American Revolution]], [[customs racketeering]] became a serious problem. By harshly enforcing customs laws, particularly the more obscure regulations, corrupt customs officials could seize property almost with impunity.<ref>{{Cite book|url=https://books.google.com/books?id=9XHGAAAAQBAJ&q=%22Customs+racketeering%22&pg=PA56|title=Samuel Adams: America's Revolutionary Politician|last=Alexander|first=John K.|date=2004-01-13|publisher=Rowman & Littlefield Publishers|isbn=9781461642787|pages=56|language=en}}</ref> This caused significant conflict between the United States and Great Britain.<ref name=":0">{{Cite book|url=https://books.google.com/books?id=KKX8sxOHBugC&q=%22Customs+racketeering%22&pg=PA48|title=Revolution Downeast: The War for American Independence in Maine|last=Leamon|first=James S.|date=March 1995|publisher=Univ of Massachusetts Press|isbn=0870239597|language=en}}</ref>

In the United States among the "war measures" during the [[American Civil War]], acts were passed in 1861 and 1862 confiscating, respectively, property used for "insurrectionary purposes" and the property generally of those engaged in rebellion.<ref name="EB1911"/>