Seizure

In practice

The act performed by an officer of the law, under the authority and exigence of a writ, in taking into the custody of the law the property, real or personal, of a person against whom the judgment of a competent court has passed, condemning him to pay a certain sum of money, in order that such property may be sold, by authority and due course of law, to satisfy the judgment. Or the act of inking possession of goods in consequence of a violation of public law.

See Carey v. Insurance Co., 84 Win 80, 54 N. W. 18, 20 L. R. A. 267, 36 Am. St. Rep. 907; Goubeau v. Railroad Co., 6 Rob. (La.) 348; Fluker v. Bullard, 2 La. Ann. 338; Pelham v. Rose, 9 Wall. 106, 19 L. Ed. 602; The Josefa Se-gunda, 10 Wheat. 326, 6 L. Ed. 329.

Seizure, even though hostile, is not necessarily capture, though such is its usual and probable result. The ultimate act or adjudication of the state, by which the seizure has been made, assigns the proper and conclusive quality and denomination to the original proceeding. A condemnation asseris a capture ab initio; an award of restitution pronounces upon the act as having been not a valid act of capture, but an act of temporary seizure only.

Appleton v. Crown-inshieid, 3 Mass. 443.

In the law of copyholds. Seizure is where the lord of copyhold lands takes possession of them in default of a tenant. It is either seizure quousquœ or absolute seizure.