Seisina

Actual possession of an estate of freehold; seisin, q. v.

Habere facias seisinam

That you cause to obtain seisin. The emphatic words of a writ of execution by which the sheriff delivered possession of a freehold to the demandant.3 Seisina facit stipitem. Seisin makes the stock. Actual seisin formerly made a person the root or stock from which inheritance by blood was derived.* Discarded by 3 and 4 Wm. IV (1834), c. 106; and believed to be so in all the States. Descent is now traced from the last " purchaser " — the person last entitled who did not himself inherit.'

See Descent.

SEilZUBE.

Taking a thing into possession, or custody of the law; caption of property by authority of law; manucaption. Examples are: taking property under an alleged forfeiture, or by virtue of a right to hold it under an attachment, or to sell It on an execution.

1.

The manner, and whether actual or constructive, depends upon the nature of the thing. As applied to objects capable of manual delivery, the term means "caption:" the physical taking into custody."

Compare Arrest, 2 (1).

The modes vary: land cannot be seized as a movable may be; actual manucaption cannot be taken of stocks and credits. ' Ricard v. Williams, 7 VFheat.

107 (1822), Story, J. s 3 Washb. E. P. 339.

As to seisin of chattels, see 1 Law Quar. Rev. 324 (1885); the mystery of seisin, 2 id.

481-96 (1886). s 3 Bl Com. 412; 2 id. 859. 4 2 Bl. Com. 209.

Seizures are actual or constructive. Taking ]f>aft of the goods in a house in the name of the whole may be a good seizure of all. An assertion of control, with a present power and intent to execute it, may be sufficient.' To constitute a valiU seizure, so as to entitle the party to the proceeds of a forfeiture, there must be an open, visible possession claimed, and authority exercised under the seizure, A seizure, oncevvoluntarily abandoned, loses its validity.2 See Procure; Suffer. Section 8895, Rev. St, does not constitute a postmaster a seizing or detaining officer of suspected letters. It merely directs the disposition to be made of letters " seized or detained for violation of law " under other statutory provisions.^ See Post-office; Search.

2.

In marine insurance, the taking of a ship by the act of public authority for a violation of the lavps of trade, or some rule or regulation instituted as a matter of municipal police, or in consequence of an existing state of war.* See Admiralty; Marshal, 1 (2); Prosecution, Malicious; Ebs, 2.