SEQUESTRATION, in common law, is setting aside the thing in controversy from the possession of both the parties that contend for it. In which sense it is either voluntary, as when done by the consent of the parties; or necessary, as where it is done by the judge, of his own authority, whether the parties will or not.
A sequestration is also a kind of extent on an execution for debt, in the case of a beneficed clergyman, of the profits of his living, directed to the churchwardens to receive the same to satisfy the judgment.
Sequestration is granted on a person's standing out, and all the processes of contempt for non-appearance in the court of chancery, or exchequer, upon a bill exhibited; and also where obedience is not yielded to a decree, in which case the court grants a sequestration of the party's lands.
A sequestration is also made, in London, upon an action of debt; the course of proceeding in which case is this: The action being entered, the officer goes to
the defendant's shop or warehouse, when no person is there, and takes a padlock, and hangs it on the door, uttering these words: "I do sequester this warehouse, and the goods and merchandise therein, of the defendant in this action, to the use of the plaintiff," &c. after which he sets on his seal, and makes a return of the sequestration in the compters; and four days being passed after the return made, the plaintiff may, at the next court, have judgment to open the shop or warehouse, and to have the goods appraised by two freemen, who are to be sworn at the next court held for that compters; and then the sergeant puts his hand to the bill of appraisement, and the court grants judgment thereon: but yet the defendant may put in bail before satisfaction, and by that means dissolve the sequestration; and after satisfaction, may put in bail to disprove the debt, &c.
In the time of the civil wars, sequestration was used for a seizing of the estates of delinquents for the use of the commonwealth.