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 de fendant, and to take the rents, issues, and profits into their own hands, and keep pos session of or pay the same, as the court shall order and direct, until the party.who is in contempt shall do that which he is enjoined to do and which is specially mentioned in the writ. Newland, Chano. Pract. 18 ; Blake, Chanc. Pract. 103.
2. Upon the return of non eat 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 Maddock, Chanc. Praot. 203 ; Blake, Chanc. Pract, 103. It is the process formerly used instead of an attachment to secure the appearance of per sons having the privilege of peerage or parlia ment, before a court of' equity. Adams, Eq. 326.
3. Under a sequestration upon mesne pro cess, as in respect of a contempt for want of appearance or answer, the sequestrators may take possession of the party's personal pro perty 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 confess°. After a decree it may be sold. See 3 Brown, Ch. 72, 372 ; 2 Cox, Ch. 224 ; 1 Ves. Ch. 86 ; 2 Maddock, Chanc. Pract. 206.
See, generally, as to this species of seques tration, 19 Viner, Abr. 325 • Bacon, Abr. Sequestration ; Comps, Dig. Chancely (D 7, Y 4); 1 Hov. Supp . to Ves. Ch. 25-29 ; 7 Vern. Ch. Raithby ed. 58, n. 1, 421, n. 1.
In Contracts. A species of deposit which two or more persons, engaged in litigation about any thing, make of the thing in con test with an indifferent person, who binds himself to restore it, when the issue is de cided, to the party to whom it is adjudged to belong. La. Code, art. 2942 ; Story, Bailm.
45. See 19 Viner, Abr. 325 ; 1 Vern. Ch. 58, 420; 2 Ves. Ch. 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 after the decision of a suit, in order that it be delivered to him who shall be ad judged entitled to have the property or pos session of that thing. This is what is pro
perly called a judicial sequestration. See 1 Mart. La. 79 ; 1 La. 439 ; La. Civ. Code, 2941, 2948.
In this acceptation, the word sequestration does not mean a jtedieial depoidt, because sequestration may exist together with the right of administra tion, while mere deposit does not admit it.
All species of property, real or personal, as well as the revenue proceeding from the same, obligations and titles, when their owner ship is in dispute, may be sequestered.
Judicial sequestration is generally ordered only at the request of one of the parties to a suit : as, where there is reason to believe that the defendant may.destroy or injure the property in dispute during the delay of adju dication. There are oases, nevertheless, where it is decreed by the court without such re quest,—as, where the title appears equally balanced, to continue till the question is dn cided,—or is the consequence of the execution of judgments.
Security is required from the petitioner asking a sequestration to reimburse the de fendant his damages in case of disputed title.
When the sheriff has sequestered property pursuant to an order of the court, he must, after serving the petition and the copy of the order of sequestration on the defendant, send his return in writing to the clerk of the court which gave the orderi, stating in the same in what manner the order was executed, and annex to such return a true and minute in. ventory of the property sequestered, drawn by him in the presence of two witnesses.
The sheriff, while he retains possession of a sequestered property, is bound to take pro. per care of the same, and to administer the same, if it be of such nature as to adznit of it, as a prudent father of a family adminis ters his own affairs. He may confide them to the care of guardians or overseers, for whose acts he remains responsible, and he will be entitled to receive a just compensa tion for his administration, to be determined by the court, to be paid to him out of the proceeds of the.property sequestered, if judg ment be given in favor of the plaintiff. La. Civ. Code, arts. 274-283.