Blacks Law Dict. 1st ed

SEQUESTEATOR

SEQUELS

1081

and necessary, when a judge orders it. Brown. SEQUESTRATION. In equity prac tice. A writ authorizing the taking into the custody of the law of the real and personal estate (or rents, issues, and profits) of a de fendant who is in contempt, and holding the same until he shall comply. It is sometimes directed to the sheriff, but more commonly to four commissioners nominated by the com plainant. 3 Bl. Comm. 444. ID Louisiana. 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, un til 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 " Code Prac* La. art. 269. In contracts. A species of deposit which two or more persons, engaged in litigation about anything, make of the thing in contest with an indifferent person who binds himself to restore it, when the issue is decided, to the party to whom it is adjudged to belong. Civil Code La. art. 2973. In English ecclesiastical law. The act of the ordinary in disposing of the goods and chattels of one deceased, whose estate no one will meddle with. Cowell. Or, in other words, the taking possession of the property of a deceased person, where there is no one to claim it. Also, where a benefice becomes vacant, a sequestration is usually granted by the bishop to the church-wardens, who manage all the profits and expenses of the benefice, plow and sow the glebe, receive tithes, and provide for the necessary cure of souls. Sweet. In international law. The seizure of the property of an individual, and the appropria tion of it to the use of the government. Mayor's court. In the mayor's court of London, "a sequestration is an attachment of the property of a person in a warehouse or other place belonging to and abandoned by him. It has the same object as the ordinary attachment, viz., to compel the appearance of the defendant to an action," and, in default, to satisfy the plaintiff's debt by appraisement and execution. Id. SEQUESTRATOR. One to whom a seq uestration is made. One appointed or chosen to perform a sequestration, or execute a writ of sequestration.

goods and chattels of villeins, which were at the absolute disposal of the lord. Far. Antiq. 216. SEQUELS, Small allowances of meal, or manufactured victual, made to the serv ants at a mill where corn was ground, by tenure, in Scotland. Wharton. SEQUESTER, o. In the civil law. To renounce or disclaim, etc. As when a wid ow came into court and disclaimed having anything to do with her deceased husband's estate* she was said to sequester. The word more commonly signifies the act of taking in execution under a writ of sequestration. Brown. To deposit a thing which is the subject of a controversy in the hands of a third person, to hold for the contending parties. To take a thing which is the subject of a controversy out of the possession of the con tending parties, and deposit it in the hands of a third person. Calvin. In equity practice. To take possession of the property of a defendant, and hold it in the custody of the court, until he purges him self of a contempt. In English ecclesiastical practice. To gather and take care of the fruits and profits of a vacant benefice, for the benefit of the next incumbent. In international law. To confiscate; to appropriate private property to public use; to seize the property of the private citizens of a hostile power, as when a belligerent na tion sequesters debts due from its own sub jects to the enemy See 1 Kent, Comm. 62. SEQUESTER, n. Lat. In the civil law. A person with whom two or more con tending parties deposited the subject-matter of the controversy. SEQUESTRARI FACIAS. In English ecclesiastical practice. A process in the nat ure of a levari facias, commanding the bishop to enter into the rectory and parish church, and to take and sequester the same, and hold them until, of the rents, tithes, and profits thereof, and of the other ecclesiastical goods of a defendant, he have levied the plaintiff's debt. 3 Bl. Comm. 418; 2 Archb. Pr. 1284. SEQUESTRATIO. In the civil law. The separating or setting aside of a thing in controversy, from the possession of both par ties that contend for it. It is two-fold,— voluntaiy, done by consent of all paities;

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