law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, sequestration is the act of removing, separating, or seizing anything from the possession of its owner under process of law for the benefit of

creditor A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property ...

s or the state.

Etymology

The

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

''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 until the dispute was settled; this was a term of Roman

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

(cf. ''Digest L.'' 16,110). 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 In English "sequestered" means merely secluded, withdrawn.

England

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.

Church of England

There are also two specific and slightly different usages in term of

the Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britai ...

; 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 Lay may refer to: Places *Lay Range, a subrange of mountains in British Columbia, Canada *Lay, Loire, a French commune *Lay (river), France *Lay, Iran, a village *Lay, Kansas, United States, an unincorporated community People * Lay (surname) * ...

hand, the writ is issued to the bishop, and the bishop issues the sequestration order to the church-wardens who collect the profits and satisfy the demand. Similarly when a benefice is vacant the

church warden A churchwarden is a lay official in a parish or congregation of the Anglican Communion or Catholic Church, usually working as a part-time volunteer. In the Anglican tradition, holders of these positions are ''ex officio'' members of the parish b ...

s take out sequestration under the seal of the Ordinary and manage the profits for the next incumbent.

Scotland

Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...

, bankruptcy is known as ''sequestration'' and sequestration allow a trustee-in-sequestration to take over a sequestrated individual's estate by order of the local Sheriff Court for the benefit of the creditors' unpaid debts.

Assets Recovery Agency

The

Assets Recovery Agency The Assets Recovery Agency (ARA) was a non-ministerial government department in the United Kingdom. It was established under the Proceeds of Crime Act 2002 (POCA) to reduce crime by confiscating the proceeds of any crime. It was granted a new pow ...

(ARA) was established in the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

under the

Proceeds of Crime Act 2002 The Proceeds of Crime Act 2002 (c.29) (POCA) is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the U ...

to reduce crime by sequestering the proceeds of crime; its powers include civil recovery through the High Court. The ARA was later merged with the

Serious Organised Crime Agency The Serious Organised Crime Agency (SOCA) was a non-departmental public body of the Government of the United Kingdom which existed from 1 April 2006 until 7 October 2013. SOCA was a national law enforcement agency with Home Office sponsorship ...

Notes

References

External links

What's A Sequestrian ''(sic)''? Article from www.ancestry.com
{{DEFAULTSORT:Sequestration (law) Legal terminology