In
law, 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 languages, 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 ...
''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 ...
(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 In English "sequestered" means merely secluded, withdrawn.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 wardens take out sequestration under the seal of the Ordinary and manage the profits for the next incumbent.[
]
Scotland
In 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 ...
, 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 (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 ...
under the Proceeds of Crime Act 2002 to reduce crime by sequestering the proceeds of crime; its powers include civil recovery
Civil recovery is the method in some legal systems employed to recover the proceeds of crime, instead of, or in addition to, criminal.
Many retailers, or agents acting on their behalf, utilize civil recovery to recover the value of property (inclu ...
through the High Court. The ARA was later merged with the Serious Organised Crime Agency.
See also
* The Parliamentary Sequestration Committee set up in 1643 to Sequestrate Royalist
A royalist supports a particular monarch as head of state for a particular kingdom, or of a particular dynastic claim. In the abstract, this position is royalism. It is distinct from monarchism, which advocates a monarchical system of gov ...
estates during the English Civil War
The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I (" Cavaliers"), mainly over the manner of England's governance and issues of r ...
.
* Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally ev ...
* Attachment (law)
Notes
References
*
External links
What's A Sequestrian ''(sic)''? Article from www.ancestry.com
{{DEFAULTSORT:Sequestration (law)
Legal terminology