sequestration

no sequestration devests the property in the thing sequestered; and, consequently, Brailsford, at the peace, and indeed, throughout the war, was the real owner of the debt.

In Chancery Practice, A remedy by writ for the taking of property, and the rents and profits thereof, either to enforce a decree, 19 Ency, of PI, & Pr, 640, or to preserve the subject matter of the suit. See 3 Bl. Comm, 444, The writ issued sometimes to the sheriff, but usually to four or more commissioners. While the remedy is now practically superseded by executions against real estate, receivership proceedings and kindred remedies, it has not been abolished or prohibited and may be resorted to whenever it is deemed necessary. 19 Ency. of PI. & Pr. 540. See 6 Fed. 766; 11 Paige (N, Y.) 603. In Contracts. A species of deposits 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. Code La. art. 2942; Story, Bailm. § 45. See 19 Viner, Abr. 325; 1 Vern. 58, 420; 2 Ves. Jr. 23. In Louisiana. A mandate of the court, ordering the sheriff, in certain cases, to take into his possession, and to keep, a thing of which another person has the possession, until after 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 1 Mart. (La.) 79; 1 La. 439; Civ. Code La. arts. 2941, 2948.

In this acceptation, the word "sequestration" does not mean a "judicial deposit," because sequestration may exist together with the right of administration, while mere deposit does not admit it.

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.

In equity practice. A writ authorising the taking into the custody of the law of the real and personal estate (or renin, issues, and profits) of a defendant who is in contempt, and holding the same until he shall comply. It is sometimes directed, to the sheriff, but more commonly to four commissioners nominated by the complainant. 3 Bl. Comm. 444; Ryan v. Kings-bery, 88 Ga. 361, 14 S. E. 596. 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 after 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." Code Prac. La. art. 269; American Nat. Bank v. Childs, 49 La. Ann. 1359, 22 South. 384. In contracts. A spectes of deposit which two or more persens, 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. Civ. Code La. art. 2973.

In English ecclesiastical law. The act of the ordinary in disposing of the goods and chattels of one deceased, whose estate no one wlll meddle with. Cowell. Or, in other words, the taking possession of the property of a deceased person, where there is no one to claim it. Also, where a benefice becomes vacant, a sequestration is usually granted by the bishop to the church-wardens, who manage all the profits and expenses of the benefice, plow and sow the glebe, receive tithes, and provide for the necessary cure of souls. Sweet In international law. The seizure of the property of an individual, and the appropriation of it to the use of the government Mayor's conrt. In the mayor's court of London, "a sequestration ls an attachment of the property of a person in a warehouse or other place belonging to and abandoned by him. It has the same object as the ordinary attachment, vis., to compel the appearance of the defendant to an action," and, in default, to satisfy the plaintiff's debt by appraisement and execution.

— Judicial sequestration. In Louisiana, a mandate ordering the sheriff in certain cases to take into his possession and to keep a thing of which another person has-the possession until after the decision of a suit in order that it may be delivered to him who shall be adjudged to have the property or possession of it Baldwin v. Black, 119 U. S. 648, 7 Sup. Ct. 326, 30 L. Ed. 530.

In international law, the seizure of the property of a person, and appropriation of it to the use of the government.

In English law. The. taking of possession of a defendant's property, by virtue of a judicial process, and holding it until some act is done, In the civil law. The taking a thing in controversy out of the possession of the contending parties, and depositing it with a third person, to be held for delivery to the prevailing party.

^ 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.

In equity practice, the process of taking the property of a defendant in contempt, and holding it in the custody of the court.