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Sequestration

possession, court, ch, judgment, process and pr

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 nom ination, 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 di rect, 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 I Asburner, Equity 38-45, for an interesting account of the 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 chan cery courts, to compel a performance of their orders and decrees. Ryan v. Kings berg, 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 be certifies that the defendant cannot be taken, a motion may be made upon his certificate for an or der for a sequestration ; 2 Madd. Ch. Pr. 203 ; Blake, Ch. Pr. 103. It is the process former. ly used instead of an attachment to secure the appearance of persons having the privi• lege of peerage or parliament, before a court of equity ; Adams, Eq. 326.

Under a sequestration upon mesne I cess, as in respect of a contempt 'fur-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 ren dered,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. Sylves ter, 68 Hun (N. Y.) 401, 22 N. Y. Supp. 891.

See, generally, as to this species of se questration, 19 Viner, Abr. 325; Bac. Abr. Sequestration; Com. Dig. Chancery (D 7, Y 4); 1 Hov. Suppl. to Ves. 25; 7 Vern., Raith by ed. 58, n. 1, 421, n. 1.

In England the glebes and tithes of a par sonage are not liable to be seized on execu tion 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 accord ing to law ; id. 742.

In Contracts. A species of deposit which two or more persons, engaged iu litigation about anything, make of the thing in contest with an indifferent person, who binds him self to restore it, when the issue is decided, to the party to whom it is adjudged to be long. La. Code, art. 2942 ; Story, Bailin. § 45. See 19 Viner, Abr. 325; 1 Vern. 58, 420 ; 2 Ves. 23.

In Louisiana. A mandate of the court, or dering 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 de livered to him who shall be adjudged entitled to have the property or possession of that thing. This is what is properly called a ju dicial sequestration. See Pitot v. Elmes, 1 Mart. 0. S. (La.) 79; La. Civ. Code 2941, 2948.