Online Encyclopedia

SEQUESTRATION

Online Encyclopedia
Originally appearing in Volume V24, Page 659 of the 1911 Encyclopedia Britannica.
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SEQUESTRATION  , the

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English " sequestered " means merely secluded, withdrawn .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

End of Article: SEQUESTRATION
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VIBIUS SEQUESTER (4th or 5th century, A.D.)
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