The DICT Development Group

Search for:
Search type:

Database copyright information
Server information
Wiki: Resources, links, and other information

5 definitions found
 for sequestration
From The Collaborative International Dictionary of English v.0.48 :

  Sequestration \Seq`ues*tra"tion\, n. [L. sequestratio: cf. F.
        (a) (Civil & Com. Law) The act of separating, or setting
            aside, a thing in controversy from the possession of
            both the parties that contend for it, to be delivered
            to the one adjudged entitled to it. It may be
            voluntary or involuntary.
        (b) (Chancery) A prerogative process empowering certain
            commissioners to take and hold a defendant's property
            and receive the rents and profits thereof, until he
            clears himself of a contempt or performs a decree of
            the court.
        (c) (Eccl. Law) A kind of execution for a rent, as in the
            case of a beneficed clerk, of the profits of a
            benefice, till he shall have satisfied some debt
            established by decree; the gathering up of the fruits
            of a benefice during a vacancy, for the use of the
            next incumbent; the disposing of the goods, by the
            ordinary, of one who is dead, whose estate no man will
            meddle with. --Craig. --Tomlins. --Wharton.
        (d) (Internat. Law) The seizure of the property of an
            individual for the use of the state; particularly
            applied to the seizure, by a belligerent power, of
            debts due from its subjects to the enemy. --Burrill.
            [1913 Webster]
     2. The state of being separated or set aside; separation;
        retirement; seclusion from society.
        [1913 Webster]
              Since Henry Monmouth first began to reign, . . .
              This loathsome sequestration have I had. --Shak.
        [1913 Webster]
     3. Disunion; disjunction. [Obs.] --Boyle.
        [1913 Webster]
        [1913 Webster]

From WordNet (r) 3.0 (2006) :

      n 1: the act of segregating or sequestering; "sequestration of
           the jury" [syn: segregation, sequestration] [ant:
           desegregation, integrating, integration]
      2: the action of forming a chelate or other stable compound with
         an ion or atom or molecule so that it is no longer available
         for reactions
      3: a writ that authorizes the seizure of property
      4: seizing property that belongs to someone else and holding it
         until profits pay the demand for which it was seized [syn:
         sequestration, requisition]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  SEQUESTRATION, chancery practice. The process of sequestration is a writ of 
  commission, sometimes directed to the sheriff, but most 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 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. 1 Harr. Ch. 191; Newl. Ch. Pr. 18; Blake's Ch. Pr. 
       2. 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. Chan. 203; Newl. Ch. Pr. 18; Blake's Ch. Pr. 103. 
       3. 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; 2 Cox, 224; 1 Ves. jr. 86; 3 
  Bro. C. C. 372; 2 Madd. Ch. Pr. 206. See, generally, as to this species of 
  sequestration, 19 Vin. Abr. 325; Bac. Ab. h.t.; Com.; Chancery, D 7, Y 4; 1 
  Hov. Supp. to Ves. jr. 25 to 29; 1 Vern. by Raith. 58, note 1; Id. 421, note 

From Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  SEQUESTRATION, contracts. A species of deposit, which two or more persons, 
  engaged in litigation about anything, make of the thing in contest to an 
  indifferent person, who binds himself to restore it when the issue is 
  decided, to the party to whom it is adjudged to belong. Louis. Code, art. 
  2942; Story on Bailm: Sec. 45. Vide 19 Vin. Ab. 325; 1 Supp. to Yes. jr. 29; 
  1 Vern. 58, 420; 2 Ves. jr. 23; Bac. Ab. h.t. 2. This is called a 
  conventional sequestration, to distinguish it from a judicial sequestration, 
  which is considered in the preceding article. Sec Dalloz, Dict. mot 

From Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  SEQUESTRATION, Louisiana practice. The Code of Practice in civil cases in 
  Louisiana, defines and makes the following provisions on the subject of 
  sequestration. Art. 269. Sequestration is 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. Vide 1 Mart. R. 79; 1 L. R. 439; 
  Civil Code of Lo. 2941; 2948. 
       2.-Art. 270. 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. 
       3.-Art. 271. All species of property, real or personal, as well as the 
  revenue proceeding from the same, may be sequestered. 
       4.-Art. 272. Obligations and titles may also be sequestered, when their 
  ownership is in dispute. 
       5.-Art. 273. Judicial sequestration is generally ordered only at the 
  request of one of the parties to a suit; there are cases, nevertheless, 
  where it is decreed by the court without such request, or is the consequence 
  of the execution of judgments. 
       6.-Art. 274. The court may order, ex officio, the sequestration of real 
  property in suits, where the ownership of such property is in dispute and 
  when one of the contending parties does not seem to have a more apparent 
  right to the possession than the other. In such cases, sequestration may be 
  ordered to continue, until the question of ownership shall have been 
       7.-Art. 275. Sequestration may be ordered at the request of one of the 
  parties in a suit in the following cases: 1. When one who had possessed for 
  more than one year, has been evicted through violence, and sues to be 
  restored to his possession. 2. When one sues for the possession of movable 
  property, or of a slave, and fears that the party having possession, may ill 
  treat the slave or send either that slave, or the property in dispute, out 
  of the jurisdiction of the court, during the pendency of the suit. 3. When 
  one claims the ownership, or the possession of real property, and has good 
  ground to apprehend, that the defendant may make use of his possession to 
  dilapidate or to waste the fruits or revenues produced by such property, or 
  convert them to his own use. 4. When a woman sues for a separation from bed 
  and board, or only for a separation of property from her husband, and has 
  reason to apprehend that he will ruin her dotal property, or waste the 
  fruits or revenues produced by the same during the pendency of the action. 
  5. When one has petitioned for a stay of proceedings, and a meeting of his 
  creditors, and such creditors fear that he may avail himself of such stay of 
  proceedings, to place the whole, or a part of his property, out of their 
  reach. 6. A creditor by special mortgage shall have the power of 
  sequestering the mortgaged property, when he apprehends that it will be 
  removed out of the state before he can have the benefit of his mortgage, and 
  will make oath of the facts which induced his apprehension. 
       8.-Art. 276. A plaintiff wishing to obtain an order of sequestration in 
  any one of the cases above provided, must annex to the petition in which he 
  prays for such an order, an affidavit, setting forth the cause for which he 
  claims such order, he must besides, execute his obligation in favor of the 
  defendant, for such sum as the court shall determine, with the surety of one 
  good and solvent person, residing within the jurisdiction of the court, to 
  be responsible for such damages as the defendant may sustain, in case such 
  sequestration should have been wrongfully obtained. 
       9.-Art. 277. When security is given in order to obtain the 
  sequestration of real property which brings a revenue, the judge must 
  require that it be given for an amount sufficient to compensate the 
  defendant, not only for all damage which he may sustain, but also for the 
  privation of such revenue, during the pendency of the action. 
       10.-Art. 278. The plaintiff when he prays for a sequestration of the 
  property of one who has failed, is not required to give such security, 
  though that property bring in a revenue. 
       11.-Art. 279. A defendant against whom a mandate of sequestration has 
  been obtained, except in cases of failure, may have the same set aside, by 
  executing his obligation in favor of the sheriff, with one good and solvent 
  surety, for whatever amount the judge may determine, as being equal to the 
  value of the property to be left in his possession. 
       12.-Art. 280. The security thus given by the defendant, when the 
  property sequestrated consists in movables or in slaves, shall be 
  responsible that he shall not send away the same out of the jurisdiction of 
  the court; that he shall not make an improper use of them; and that he will 
  faithfully present them, after definitive judgment, in case he should be 
  decreed to restore the same to the plaintiff. 
       13.-Art. 281. As regards landed property, this security is given to 
  prevent the defendant, while in possession, from wasting the property, and 
  for the faithful restitution of the fruits that he may have received since 
  the demand, or of their value in the event of his being cast in the suit. 
       14.-Art. 282. When the sheriff has sequestered property pursuant to an 
  order of the court, he shall, after serving the petition and the copy of the 
  order of sequestration on the defendant, send him return in writing to the 
  clerk of the court which gave the order, stating in the same in what manner 
  the order was executed, and annex to such return a true and minute inventory 
  of the property sequestered, drawn by him, in the presence of two witnesses. 
       15.-Art. 283. The sheriff, while he retains possession of sequestered 
  property, is bound to take proper care of the same and to administer the 
  same, if it be of such nature as to admit of it, as a prudent father of a 
  family administers 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 compensation for his administration, to be 
  determined by the court, to be paid to him out of the proceeds of the 
  property sequestered, if judgment be given in favor of the plaintiff. 

Questions or comments about this site? Contact webmaster@dict.org