Sequestration

^ Separating or setting aside a thing in controversy from the possession of the contending parties.

1.

Gathering and taking care of the fruits and profits of a vacant benefice for the benefit of the next incumbent.^ Also, an execution against the profits of a benefice to collect the same for the plaintiff till the full sum is realized.^ 3. A remedy, in equity practice, by which property is taken possession of by a court in order to enforce obedience to a decree, or to preserve it in its integrity during the time that a controversy respecting it is pending; Issued at common law, when a defendant eluded service of process, and after a commission of rebelhon was returned non est inventus. It seizes all personalty, and the profits of realty, and detains them subject to order."

— It issues either as a mesne process, on the defendant's not appearing or not answering, after the whole process of contempt has been spent against him;

— or as a judicial process, in pursuance of a decree, and to enforce the specific performance of it.^ Where, by the election of a widow to take under the law rather than under her husband's will, a benefit accrues to some legatees and a loss is entailed upon others, the income or annual value of the benefits intended for the widow and the first class of legatees may be sequestered for the purpose d£ securing compensation to the latter class.

As, when, from such election, a residuary legatee is disappointed and a General pecuniary legatee is benefited.' 'Walker v. Walker, 9 Wall. 760-51 Davis, J. ' L. sequestrare, to lay aside, surrender: sequester, a mediator, trustee. s See 2 Arch. Pract. 966. 1 [3 Bl. Com. 418. ' [3 Bl. Cora. 444.] ' Herman, Executions, § 4i. i ' Mc Reynolds v. Counts, 9 Gratt. 242, 244 (1858); Firth V. Denny, 8 Allen, 468 (1861); Van Dyke's Appeal, 60 Pa. '.81 (1839); Sandoe's Appeal, 66 id. 314 (1870); Gal- Sequestrator. The person who is placed in charge of sequestered property. The same general rules apply to him as to a receiver,^ q. V. SERGEANT or SERJEANT.2 In England, the title of several officers. Sergeant-at-arms. An executive officer to a legislative body, and to a court of chancery, one of whose duties is to arrest for contempt.s Sergeant-at-law. A barrister of the common-law courts, of high standing. These sergeants seem to have derived their title from the old knights templars, and have continued as a separate fraternity from an early period. Until 1834 they had the exclusive privilege of practicing in the courts of common pleas.* A species of advocate or counsel, but not qualified to execute the full office of advocate till of sixteen years standing; at which time he may be called to the state and degree of Serjeant — servientes ad legem. The first king's counsel under this degree was Sir Francis Bacon.* The degree was deprived of its peculiar advantage, audience in the common pleas, by 9 and 10 Vict. (1846), c. 54, which extends to all ban-isters the privileges of sergeants. In 1839 the court of common pleas had decided that the crown, by a mere order, could not open that court to the bar at large, and thereby deprive the seitgeants of the enjoyment of an immemorial of Bce.' Sergeantry.

See Feudal System.