KFLCC Kingdom Law 2nd Ed.

1073

SEQUESTER

SEPARATE

SEPTTJAGESIMA. In ecclesiastical law. The third Sunday before Quadragesima Sun day, being about the seventieth day before Easter. SEPTUM. Lat In Roman law. An In closure; an inclosed place where the people voted; otherwise called "ovile." In old English law. An inclosure or close. Cowell. SEPTTJNX. Lat In Roman law. A di vision of the as, containing seven unciw, or duodecimal parts; the proportion of seven twelfths. Tayl. Civil Law, 492. SEPULCHRE. A grave or tomb. The place of interment of a dead human body. The violation of sepulchres is a misdemean or at common law. SEPULTURA. Lat. An offering to the priest for the burial of a dead body. Sequamnr vestigia patrnm. nostrorum. Jenk. Cent. Let us follow the footsteps of our fathers. SEQUATUR SUB SUO PERICULO. In old English practice. A writ which issued where a sheriff had returned nihil, upon a summoneas ad warrantizandum, and after an aUas and pluries had been issued. So called because the tenant lost his lands without any recovery in value, unless upon that writ he brought the vouchee into court Rose. Real Act. 268; Cowell. SEQUELA. L. Lat In old English law. Suit; process or prosecution. Sequela causes, the process of a cause. Cowell. —Seqnela curiae. Suit of court. Cowell.-— Seqnela villanorum. The family retinue and appurtenances to the goods and chattels of villeins, which were at the absolute disposal of the lord. Par. Antiq. 216. SEQUELS. Small allowances of meal, or manufactured victual, made to the servants at a mill where corn was ground, by tenure, in Scotland. Wharton. SEQUESTER, v. 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

ners, to the exclusion of the rest. In re Lowe, 11 Nat. Bankr. Rep. 221, Fed. Cas. No. 8,564. The separate estate of a married woman is that which belongs to her, and over which her husband has no right in equity. It may con sist of lands or chattels. Williams v. King, 29 Fed. Cas. 1,369.—Separate maintenance. An allowance made to a woman by her hus band on their agreement to live separately. This must not be confused with "alimony," which is judicially awarded upon granting a divorce. See Mitchell v. Mitchell, 31 Colo. 209, 72 Pac. 1054.—Separate trial. The separate and individual trial of each of several persons jointly accused of a crime. As to separate "Acknowledgment," "Cove nant," and "Examination," see those titles. Lat. In old conveyan cing. Severally. A word which made a sev eral covenant. 5 Coke, 23a. SEPARATION. In matrimonial law. A cessation of cohabitation of husband and wife by mutual agreement, or, in the case of "judicial separation," under the decree of a court. See Butler v. Washington, 45 La. Ann. 279, 12 South. 356, 19 L. R. A. 814; Weld v. Weld, 27 Minn. 330, 7 N. W. 267; Hereford v. People, 197 111. 222, 64 N. E. 310. —Separation a mensa et thoro. A partial dissolution of the marriage relation.—Separa tion order. In England, where a husband is convicted of an aggravated assault upon his wife, the court or magistrate may order that the wife shall be no longer bound to cohabit with him. Such an order has the same effect as a judicial decree of separation on the ground of cruelty. It may also provide for the pay ment of a weekly sum by the husband to the wife and for the custody of the children. Sweet. In Louisiana probate law. The creditors of the succession may demand, in every case and against every creditor of the heir, a separa tion of the property of the succession from that of the heir. This is what is called the "separation of patrimony." The object of a separation of patrimony is to prevent prop erty out of which a particular class of cred itors have a right to be paid from being con founded with other property, and by that means made liable to the debts of another class of creditors. Civ. Code La. art. 1444. Seceders from the Church of England. They, like Quakers, solemnly affirm, Instead of taking the usual oath, before they give evidence. SEPES. Lat. In old English law. A hedge or inclosure. The inclosure of a trench or canal. Dig. 43, 21, 4. SEPTENNIAL ACT. In English law. The statute 1 Geo. I. St 2, c. 38. The act by which a parliament has continuance for seven years, and no longer, unless sooner dissolved; as it always has, in fact, been since the passing of the act. Wharton. BL.LAW DICT.(2D ED.)—68 SEPARATED!. SEPARATION OF PATRIMONY. SEPARATISTS.