Sequestration (law)

Sequestration (law)

Sequestration is the act of removing, separating or seizing anything from the possession of its owner under process of law for the benefit of creditors or the state.

The Latin "sequestrare", to set aside or surrender, a 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 term of Roman jurisprudence (cf. "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 In English "sequestered" means merely secluded, withdrawn.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 defendant and seize the goods.

There are also two specific and slightly different usages in term of the Church of England; to the action of taking profits of a benefice to satisfy the creditors of the incumbent; to the action of ensuring church and parsonage premises are in good order in readiness for a new incumbent and the legal paperwork to ensure this.

As the goods of the Church cannot be touched by a lay hand, the writ is issued to the bishop, and he issues the sequestration order to the church-wardens who collect the profits and satisfy the demand. Similarly when a benefice is vacant the church wardens take out sequestration under the seal of the Ordinary and 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).

The Assets Recovery Agency (ARA) has been established in the United Kingdom under the Proceeds of Crime Act 2002 to reduce crime by sequestering the proceeds of crime; its powers include civil recovery through the High Court a new concept in UK law.

External links

* [ What's A Sequestrian? Article from]

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Look at other dictionaries:

  • sequestration — se·ques·tra·tion /ˌsē kwəs trā shən, ˌse / n 1: the act of sequestering: the state of being sequestered 2 a: a writ authorizing an official (as a sheriff) to take into custody the property of a defendant usu. to enforce a court order, to exercise …   Law dictionary

  • sequestration, writ of — the writ of sequestration is a process of contempt by proceeding against the property of the contemnor and is a means of enforcing judgments or orders only where the person in contempt has disobeyed an order of the court. Accordingly, before a… …   Law dictionary

  • sequestration of witnesses — Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also referred to as separation of witnesses. Short Dictionary …   Law dictionary

  • Sequestration — The term sequestration can have different meanings according to the context. * Sequestration (law), the act of seizing property from the owner under process of law for the benefit of creditors or the stateBiochemistryIn biochemistry,… …   Wikipedia

  • Sequestration — Seq ues*tra tion, n. [L. sequestratio: cf. F. s[ e]questration.] 1. (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… …   The Collaborative International Dictionary of English

  • sequestration — /see kwes tray sheuhn, si kwes /, n. 1. removal or separation; banishment or exile. 2. a withdrawal into seclusion; retirement. 3. Law. a. the sequestering of property. b. confiscation or seizure. 4. Chem. the combining of metallic ions with a… …   Universalium

  • sequestration — sequestrate se‧ques‧trate [sɪˈkwestreɪt, ˈsiːkw ] also se‧ques‧ter [sɪˈkwestə ǁ ər] verb [transitive] LAW to officially take property, goods etc away from someone because they have not paid their debts or have broken some other law: • The shares …   Financial and business terms

  • sequestration — /sekwastreyshan/siyV. In general, the process by which property or funds are attached pending the outcome of litigation. See also sequester Order of sequestration is intended to assure that a witness will testify concerning his own knowledge of… …   Black's law dictionary

  • Law, Crime, and Law Enforcement — ▪ 2006 Introduction Trials of former heads of state, U.S. Supreme Court rulings on eminent domain and the death penalty, and high profile cases against former executives of large corporations were leading legal and criminal issues in 2005.… …   Universalium

  • sequestration — /sɛkwəsˈtreɪʃən/ (say sekwuhs trayshuhn) noun 1. removal or separation from a group; banishment or exile. 2. withdrawal, retirement or seclusion. 3. removal, as of a substance, for storage elsewhere. 4. Law the removal of property from its owner… …   Australian English dictionary

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