CONDEMNATION. The sentence of a competent tribunal which declares a ship unfit for service. This sentence may be re examined and litigated by the parties inte rested in disputing it. 5 Esp. 65 ; Abbott, Shipp. 4.
The judgment, sentence, or decree by which property seized and subject to forfeit ure 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 cap tured and held as prize.
By the general practice of the law of na tions, a sentence of condemnation is at pre sent generally deemed necessary in order to devest 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 prcesidia.
1 Rob. Rep. 134; 3 id. 97, n.; Carth. 423; 1 Kent, Comm. 101-104; Chitty, Law of Nat. 99, 100; 10 Mod. 79• Abbott, Shipp. 14; Wes kett, Ins.; Marshall, Ins. 402. A sentence of condemnation is generally binding every where. Marshall, Ins. 402; 3 Kent, Comm. 103; 3 Wheat. 246; 4 Cranch, 434. But see 1 Binn. 299, n. ; 7 Bingh. 495.
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 con viction, both in civil and criminal cases. 3 Black stone, Comm. 291. It is a maxim that no man ought to be condemned unheard and without the opportunity of being heard.