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SEQUESTRATION , the See also: act of removing, separating or seizing anything from the 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
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The Latin sequestrare, to set aside or surrender, a See also: 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 See also: term of See also: Roman See also: jurisprudence (cf
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See also: Digest L
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16,115)
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By derivation it must be connected with sequi, to follow; possibly the development in meaning may be follower, attendant, intermediary, hence trustee
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In See also: English " sequestered " means merely secluded, withdrawn
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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 See also: defendant and seize the goods (see EXECUTION); to the See also: action of taking profits of a See also: benefice to satisfy the creditors of the incumbent
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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
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Similarly when a benefice is vacant the churchwardens take out sequestration under the See also: seal of the Ordinary and See also: manage the profits for the next incumbent
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In the Scots law of bankruptcy the term " sequestration " is used of the taking of the bankrupt's estate by order of the See also: court for the benefit of the creditors (see BANKRUPTCY, § Scottish Bankruptcy Legislation)
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