Page:Black's Law Dictionary (Second Edition).djvu/1082

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SEQUESTER

In the custody of the court, until he purges himself or 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 or a hostile power, as when a belligerent nation sequesters debts due from its own subjects to the enemy. See 1 Kent, Comm. 62.

SEQUESTER, n. Ifit. In the civil law.

A person with whom two or more contending parties deposited the subject-matter of the controversy.

SEQITESTIIARI FACIAS. In English ecclesiastical practice. A process in the nature of a lcuzri fucias, commanding the bishop to enter into the rectory and parish

Rchurch, and to take and seqnester the same, and hold them until, of the rents, tithes, and profits thereof, and or the other ecclesiastica- goods of a defendant. he have levied the plnintiftls debt. 3 Bl. Comm. -118; 2 Archb.

sPr. 1284.

SEQITESTRATIO. Lat. In the civil law. The separating or setting aside of a thing in controversy, from the possession or both parties that contend for it It is two-i'o1d,— voluntary, done by consent or all parties; and necessaxn/, when a judge orders it. Brown.

SEQITESTRATION. 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 siierid, but more commoniy to four commission nominated by the complainant. 3 Bl. Comm. 444; Ryan v. Kings- hery, 88 Ga. 361, 1-1 S. E. 596.

In Louisiana. A mandate of the court, ordering the sheritt, in certain cases, to take in his lossession, and to keep, a thing of which another person has the possession, until after the decision of a suit, in order that it be deilvered to him who shall he adjudged entitled to have the property or lossession of that thing. This is what is properly call- ed a "jll(1lCiili sequestration." Corie Prac. La. art. 269; American Nat Bank v. Chllds, -19 La. Ann. 1359, 22 South. 384.

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 hinds 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 or the ordinary in disposing of the goods and

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SE RGEA NT

chattels of one deceased, whose estate no one ii iii meddle with. Goweil. 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 beuefice becomes vacant, a sequestration is nsuaily granted by the bishop to the church-wardens, who manage all the profits and expenses or 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 indivldiial, 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 piace 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 do fault, to satisfy the plaintiffs debt by appraisement and execution. —J M ' I A ' In I. " A mandate ordering the sheriff in certain cases to take into 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 may be deiivered to him who shall he_ad.Iud'.'<=d to have the property or possession of it. B win v. Black, 119 U. 5. 6-13. 7 Sup. Ct. 326, 30 L. Ed. 530.

SEQUIISTRATOR. one to whom a seq- uestration is made. one appointed or chosen to perform a sequestration, or execute a writ of sequestration.

SEQUESTRO HABENDO. In English ecclesiastical law. A judicial writ for the discharging a sequestration of the profits of a chnrch benefice, granted by the bishop at the suverelgn's command, thereby to compel the parson to appear at the suit of an- other. Upon his appearance, the parson may have this writ for the release of the sequestration. Reg. Jud. 36.

Seqni dobet pate:-itin justitlam non

pi-aecedere. 2 Inst. -154. Power shonld follow jusilce, not precede it. SERF. In the feudal polity, the serfs

were a mass of persons whose social condition was servile, and who were bound to labor and onerou duties at the will of their lords. They dltitered from siaves only in that they were hound to their native soil. instead of being the absolute property of a master.

SERGEANT. In military law. A non- Commissioned officer, of Whom there are Severai in each company of infantry. troop of cavalry, etc. The term is also used in the organization or a municipal poiice force. —Sergeant at arms. See SER.1EAiv'r.—Ser-- geant at law. See SEll.Yl!‘.ANT.—Tnwn sergeant. In several states, an officer having the poviers and duties of a chief constable or head

of the pollce department of a town or village.