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Sequestration
SequestrationChancery 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. 2) 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. 3) RELATED TERMS-------------------------------------- Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Process 1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing. Sequestration 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. 2) 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. 3) Writ An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence). Commission 1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office. Sheriff The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian. Nomination 1) An appointment; as, I nominate A B, executor of this my last will. 2) A proposition; the word nominate is used in this sense in the constitution of the United States, the president "shall nominate, and by and with the consent of the senate, shall appoint ambassadors," Real 1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person. Personal Belonging to the person. Estate A right or interest in property or the property of a deceased person. Defendant A party who is sued in a personal action. Take This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away. Issues English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues. Profits In general, by this term is understood the benefit which a man derives from a thing. It is more particularly applied to such benefit as arises from his labor and skill. Possession International law. By possession is meant a country which is held by no other title than mere conquest. Court A body in government to which the administration of justice is delegated. Order An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence. Direct Straight forward; not collateral. Party Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Litigation A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations. Indifferent To have no bias nor partiality. A juror, an arbitrator, and a witness, ought to be indifferent, and when they are not so, they may be challenged. Person This word is applied to men, women and children, who are called natural persons. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Issue 1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings. Belong In statutes referring to inhabitancy, the poor, etc., designates the place of a person's legal settlement, not merely his place of residence. SIMILAR TERMS-------------------------------------- Sequester To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial. Sequestor, to Civil and eccles. law. To renounce. Example, when a widow comes into court and disclaims having anything to do, or to intermeddle with her deceased hushand's estate, she is said to sequester. Sequestration of witnesses Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also referred to as "separation of witnesses." Sequestrator One to whom a sequestration is made. PREVIOUS AND NEXT TERMS-------------------------------------- Separation Contracts. When the hushand and wife agree to live apart they are said to have made a separation. Separation agreement An agreement on support, child care and property covering the period before divorce but after separation. Sepulchre The place where a corpse is buried. The violation of sepulchres is a misdemeanor at common law. Sequester To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial. Sequestor, to Civil and eccles. law. To renounce. Example, when a widow comes into court and disclaims having anything to do, or to intermeddle with her deceased hushand's estate, she is said to sequester. Sequestration Sequestration of witnesses Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also referred to as "separation of witnesses." Sequestrator One to whom a sequestration is made. Serf During the feudal times certain persons who were bound to perform very onerous duties towards others, were so called. Sergeant Sergeant or serjeant.1) English law. An officer in the courts of the highest grade among the practitioners of the law. 2) In the army. An inferior officer of a company of foot, or troop of dragoons appointed to see discipline observed, to teach the soldiers the exercise of their arms, and to order, straighten and form ranks, files. Sergeant at arms An officer appointed by a legislative body, whose duties are to enforce the orders given by such bodies, generally under the warrant of its presiding officer. We thank you for using the Juridical Dictionary to search for Sequestration. If you have a better definition for Sequestration than the one presented here, please let us know by making use of the suggest a term option. This definition of Sequestration may be disputed by other professionals. Our attempt is to provide easy definitions on Sequestration and any other medical topic for the public at large.
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