Sequestration (law)
Encyclopedia
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
s or the state.
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
(cf. Digest L. 16,115). 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 In English "sequestered" means merely secluded, withdrawn.
Sequestration, the act of removing, separating or seizing anything from the possession of its owner, particularly in law, of the taking possession of property under process of law for the benefit of creditors or the state.
As the goods of the Church cannot be touched by a lay
hand, the writ is issued to the bishop, and he 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.
of bankruptcy the term "sequestration" is used of the taking of the bankrupt's estate by order of the court for the benefit of the creditors (see Bankruptcy
, Scottish Bankruptcy Legislation).
(ARA) was established in the United Kingdom
under the Proceeds of Crime Act 2002
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
.
Creditor
A creditor is a party that has a claim to 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 or service to the second party under the assumption that the second party will return an equivalent property or...
s or the state.
Etymology
The LatinLatin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
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
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
(cf. Digest L. 16,115). 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.
Sequestration, the act of removing, separating or seizing anything from the possession of its owner, particularly in law, of the taking possession of property under process of law for the benefit of creditors or the state.
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; 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
Layman
A layperson or layman is a person who is not an expert in a given field of knowledge. The term originally meant a member of the laity, i.e. a non-clergymen, but over the centuries shifted in definition....
hand, the writ is issued to the bishop, and he 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.
Scottish Law
In the Scots lawScots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
of bankruptcy the term "sequestration" is used of the taking of the bankrupt's estate by order of the court for the benefit of the creditors (see Bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
, Scottish Bankruptcy Legislation).
Assets Recovery Agency
The Assets Recovery AgencyAssets Recovery Agency
The Assets Recovery Agency was a non-ministerial government department in the United Kingdom. It was established under the Proceeds of Crime Act 2002 to reduce crime by confiscating the proceeds of any crime...
(ARA) was established in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
under the Proceeds of Crime Act 2002
Proceeds of Crime Act 2002
The Proceeds of Crime Act 2002 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 UK.-Background:...
to reduce crime by sequestering the proceeds of crime; its powers include civil recovery
Civil recovery
-United Kingdom:In the legal systems of the constituent countries of the United Kingdom, civil recovery is claimed by retailers to enable the retailer's claims handling agent to recover, in civil proceedings before the High Court or Court of Session, property which is, or represents, property...
through the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
. The ARA was later merged with the Serious Organised Crime Agency
Serious Organised Crime Agency
The Serious Organised Crime Agency is a non-departmental public body of the Government of the United Kingdom under Home Office sponsorship...
.
See also
- The Parliamentary Sequestration Committee set up in 1643 to Sequestrate RoyalistCavalierCavalier was the name used by Parliamentarians for a Royalist supporter of King Charles I and son Charles II during the English Civil War, the Interregnum, and the Restoration...
estates during the English Civil WarEnglish Civil WarThe English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
. - DistraintDistraintDistraint 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...
- Attachment (law)Attachment (law)Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. A wide variety of legal mechanisms are employed by debtors to prevent the attachment of...