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Home » Law Dictionary » S » SEQUESTRATION

SEQUESTRATION

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(I) Jury Sequestration: A jury may be kept isolated from the public and outside influences during a trial (forbidding most people to communicate with the jurors) and to prevent the jurors from hearing news reports concerning the case. The cost is high and situation is rare and occurs usually when counsel for a criminal defendant shows a judge that there is significant prejudice in the community against the defendant and that news reports could prevent the jury from being impartial. This rarely occurs in civil trials. (II) (A) chancery practice. The process of sequestration is a writ of commission, sometimes directed to the sheriff, but most usually, to four or more commissioners of the complainant’s own nomination, authorizing them to enter upon the real or personal estate of the defendant, and to take the rents, issues and profits into their own hands, and keep possession of, or pay the same as the court shall order and direct, until the party who is in contempt shall do that which he is enjoined to do, and which is specially mentioned in the writ. (B) contracts. A species of deposit, which two or more persons, engaged in litigation about anything, make of the thing in contest to an indifferent person, who binds himself to restore it when the issue is decided, to the party to whom it is adjudged to belong. 2. This is called a conventional sequestration, to distinguish it from a judicial sequestration, which is considered in the preceding article. (C) Louisiana practice. The Code of Practice in civil cases in Louisiana, defines and makes the following provisions on the subject of sequestration. Art. 269. Sequestration is 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, until 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 sequestratian.

Law Dictionary – Alternative Legal Definition

In equity practice. A writ authorizing the taking into the custody of the law of the real and personal estate (or rents, issues, and profits) of a defendant 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 complainant 3 Bl. Comm. 444; Ryan v. Kings bery, 88 Ga. 361, 14 S. E. 596. In 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, until 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.” 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. Civ. Code La. art 2973. In English ecclesiastical law. The act 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 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 appropriation 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. Judicial sequestration. In Louisiana, a mandate ordering the sheriff in certain cases to take into his possession and to keep a thins of which another person has«the possession until after the decision of a suit in order that it may be delivered to him who shall be adjudged to have the property or possession of it.

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