Sequestration

In Chancery Practice. A writ of commission, sometimes directed to the sheriff, but usually to four or more commissioners of the complainant’s own nomination, authorizing them to enter upon the real or personal estate of the defendant, and to take the rents, issues, and profits into their own hands, and keep possession of or pay the same, as the court shall order or direct, until the party who is in contempt shall do that which he is enjoined to do and which is especially mentioned in the writ.

Newl. Ch. Pr. 18; Blake, Ch. Pr. 103.

See Asburner, Equity 3S-45, for an interesting account of tbe development of the process of equity. Sequestration is the practice in the king’s bench division of the High Court in England to enforce an order to pay money into court or to do any other act in a limited time; it goes against the rents and profits of the real estate and all the personal estate of the person who disobeys the order; 3 Steph. Com. 566. A process for contempt, used by chancery courts, to compel a performance of their orders and decrees.

Ryan v. Kingsbery, 88 Ga. 361, 14 S. E. 596.

Upon the return of non est inventus to a commission of rebellion, a sergeant-at-arms may be moved for; and if he certifies that the defendant cannot be taken, a motion may be made upon his certificate for an order for a sequestration; 2 Madd. Ch. Pr. 203; Blake, Ch. Pr. 103. It is the process formerly used instead of an attachment to secure the appearance of persons having the privi- Under a sequestration upon mesne process, as in respect of a contempt for want of appearance or answer, the sequestrators may take possession of the party’s personal property and keep him out of possession, but no sale can take place, unless perhaps to pay expenses; for this process is only to form the foundation of taking the bill pro confesso. After a decree it may be sold.

See 3 Bro. C. C. 72, 372; 2 Cox, Ch. 224.

A judgment of sequestration does not dis* solve the corporation against which it is rendered, but it may appeal from an adverse judgment in an action brought by it and pending when the judgment of sequestration was rendered; Auburn Button Co. v. Sylvester, 68 Hun (N. Y.) 401, 22 N. Y. Supp. 891. See, generally, as to this species of sequestration, 19 Viner, Abr. 325; Bac. Abr. Sequestration; Com. Dig. Chancery (D 7, Y 4); 1 Hov. Suppl. to Ves. 25; 7 Vern., Raithby ed.

58, n. 1, 421, n. 1.

In England the glebes and tithes of a parsonage are not liable to be seized on execution to satisfy a judgment, but they are made liable to sequestration; 2 Steph, Com. 715. In some cases the bishop may sequester the profits of a benefice and apply them according to law; id.

742.

In Contracts. A species of deposit which two or more persons, engaged in litigation about anything, make of the thing in contest with an indifferent person, who binds himself to restore it, when the issue is decided, to the party to whom it is adjudged to belong. La. Code, art.

2912; Story, Bailm. § 45. See 19 Viner, Abr. 325; 1 Vern. 58, 420; 2 Ves. 23.

In Louisiana. A mandate of the court, ordering the sheriff, in certain cases, to take in his possession, and to keep, a thing of which another person has the possession, until aftei the decision of a suit, in order that it be delivered to him who shall be adjudged entitled to have the property or possession of that thing. This is what is properly called a judicial sequestration.

See Pitot v. Eliues, 1 Mart. 0. S. (La.) 79; La. Civ. Code 2941, 2948.