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SEQUESTRATION

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Originally appearing in Volume V24, Page 659 of the 1911 Encyclopedia Britannica.
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SEQUESTRATION , the See also:

act of removing, separating or seizing anything from the See also:possession of its owner, particularly in See also:law, of the taking possession of See also:property under See also:process of law for the benefit of creditors or the See also:state. The Latin sequestrare, to set aside or surrender, a See also:late use, is derived from See also:sequester, a depositary or trustee, one in whose hands a thing in dispute was placed till the dispute was settled; this was a See also:term of See also:Roman See also:jurisprudence (cf. See also:Digest L. 16,115). By derivation it must be connected with sequi, to follow; possibly the development in meaning may be follower, attendant, intermediary, hence trustee. In See also:English " sequestered " means merely secluded, withdrawn. In law, the term " sequestration " has many applications; thus it is applied to the act of a belligerent See also:power which seizes the debts due from its own subject to the enemy power; to a See also:writ directed to persons, " sequestrators," to enter on the property of the See also:defendant and seize the goods (see See also:EXECUTION); to the See also:action of taking profits of a See also:benefice to satisfy the creditors of the See also:incumbent. As the goods of the See also:Church cannot be touched by a See also:lay See also:hand, the writ is issued to the See also:bishop, and he issues the sequestration See also:order to the churchwardens who collect the profits and satisfy the demand. Similarly when a benefice is vacant the churchwardens take out sequestration under the See also:seal of the See also:Ordinary and See also:manage the profits for the next incumbent. In the Scots law of See also:bankruptcy the term " sequestration " is used of the taking of the bankrupt's See also:estate by order of the See also:court for the benefit of the creditors (see BANKRUPTCY, § Scottish Bankruptcy Legislation).

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