In Roman law, two individuals fought over a piece of land ceded control of a third, the sequester, until the dispute could be resolved. Later, the courts, after appointing a rider to take possession of the property, retained ownership until the non-compliant party complied with the court order. The appointment of a receiver is rare today, although forcible confinement itself is part of both the civil law and common law systems. In international law, the term sequestration means seizure. Typically, this means the appropriation of private property for public use. After war, kidnapping means confiscating the property of private individuals of an enemy power, as when a belligerent nation confiscates the debts of its own subjects from the enemy. SEQUESTRATION, law firm practice. The seizure process is a notice of order, sometimes addressed to the sheriff, but usually to four or more commissioners of the complainant`s own appointment, authorizing them to enter the defendant`s property or personal property and take control and possession of rent, expenses, and profits. or pay the same as ordered and ordered by the court until the convicted party does what it is asked to do and what is specifically stated in the application. 1 Harr.
Cap. 191; Newl. Cpl. Pr. 18; Blake`s Ch. Pr. 103. 2. When not invented returns to a rebellion commission, a sergeant-at-arms may be transferred; and if he certifies that the defendant cannot be admitted, an application for seizure may be made on his certificate. 2 crazy. Khan. 203; Newl.
Cpl. Pr. 18; Blake`s Ch. Pr. 103. 3. As part of a receivership process, receivers may take possession of the party`s personal property and remove it from possession; but no sale can take place unless, perhaps, the cost is paid; Because this process must only form the basis for the acceptance of the bill pro confesso. According to a decree, it can be sold.
See 3 Br. C. C. 72; 2 Cox, p. 224; 1 ves. Jr. 86; 3 Br. C. C.
372; 2 crazy. Cpl. Pr. 206. See generally on this type of sequestration, 19 wine. Abr. 325; Ferry. From. H.T.; ..COM.; Chancery, D 7, Y 4; 1 Hov. Supp. to Ves.
Jr. 25-29; 1 vern. by Raith. 58, note 1; No. 421, note 1. The applicant, when praying for the confiscation of the property of a defaulting person, is not required to provide such security, even if the property provides income. Seizure in the broadest legal sense means the deprivation of property from a person who is in possession of the property. In international law, forcible confinement refers to the seizure of a person`s property by a government that uses it for its own benefit. A judicial seizure involves a court order that, in some cases, orders a sheriff to seize property until the court has decided who is entitled to it. The sequestration of witnesses is different from that of jurors. While jurors are kept away from the public, witnesses are usually instructed not to attend — or to follow trial reports — until they are required to testify.
The purpose of this court order is to ensure that witnesses testify to their own knowledge of the case without being influenced by statements made by previous witnesses. Witness confinement is also intended to strengthen the role of cross-examination in fact-finding. Other definitions of sequestration refer to property. In civil law, receivership has three different meanings. First, it means renouncing or rejecting the estate, as if a widow were appearing in court and refusing any interest in the estate of her deceased husband; The widow is supposed to be sequestered. Second, it means removing something that is controversial from the possession of the disputing parties and placing it in the hands of a third party; This neutral part is called escrow. Thirdly, and most often, seizure of property in civil law refers to the act of seizure of property by court order. In this case, the word sequestration does not mean judicial filing, since sequestration can coexist with administrative law, whereas mere filing does not. The court may, of its own motion, order the seizure of immovable property in a dispute if the ownership of the property is disputed and one of the parties to the dispute does not appear to have a more obvious right of possession than the other. In these cases, it may be ordered that the seizure continue until the question of ownership has been decided. Sequestration, contracts.
A type of deposit that two or more persons arguing over anything turns the disputed matter into an indifferent person who undertakes to return it when the question is decided, to the party to which it is supposed to belong. Louis. Code of art. 2942; History of Batim: Article 45. Empty 19 wine. From. 325; 1 supp. to Yes. Jr.
29; 1 vern. 58, 420; 2 ves. Jr. 23; Ferry. From. H.T. 2. This is called conventional sequestration to distinguish it from judicial sequestration, which is discussed in the previous article. Sec Dalloz, Dict. word sequester. In the context of trials, isolate a jury from the public or separate witnesses to ensure the integrity of testimony.
In other legal contexts, the seizure of property or the freezing of assets by court order. Judicial seizure is normally ordered only at the request of one of the parties to a dispute; However, there are cases where it is issued by the Court of Justice without such a request or is the consequence of the execution of judgments. There are also two specific and slightly different uses in relation to the Church of England; the withdrawal of profits from a profit to satisfy the creditors of the incumbent operator; Ensure that the premises of the church and rectory are in order to obtain a new holder and the legal documentation to ensure this. [1] SEQUESTRATION, Louisiana practice. The Louisiana Code of Civil Practice defines and includes the following provisions on forcible confinement. 269. A seizure is a warrant from the court that, in some cases, orders the sheriff to take possession of his thing and to keep an object that another person possesses until a prosecution has been decided so that it can be returned to the person who is deemed to have the right to have ownership or possession of that thing. This is rightly called a judicial seizure. See 1 R.
Mart. 79; 1 R. S. 439; Civil Code of Lo. 2941; 2948. 2.-Article 270. In this case, the word sequestration does not mean judicial filing, since sequestration can coexist with administrative law, whereas mere filing does not. 3.-Article 271.
All types of property, whether real or personal, and the resulting income may be confiscated. 4.-272 Bonds and securities may also be seized if their ownership is disputed.