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.

in the Civil Law, is the act of the ordinary, disposing of the goods and chattels of one deceased, whose estate no man will meddle with.

A widow is also said to sequester, when she disclaims having any thing to do with the estate of her deceased husband.

Among the Romanists, in questions of marriage, where the wife complains of impotency in the husband, he is to be sequestered into a convent, or into the hands of matrons, till the process be determined.

SEQUESTRATION is also used for the act of gathering the fruits of a benefice void, to the use of the next incumbent.

Sometimes a benefice is kept under sequestration for many years, when it is of so small value, that no clergyman fit to serve the cure will be at the charge of taking it by institution; in which case the sequestration is committed either to the curate alone, or to the curate and church-wardens jointly. Sometimes the profits of a living in controversy, either by the consent of the parties, or the judge's authority, are sequestered and placed for safety in a third hand, till the suit is determined, a minister being appointed by the judge to serve the cure, and allowed a certain salary out of the profits. Sometimes the profits of a living are sequestered for neglect of duty, for dilapidations, or for satisfying the debts of the incumbent.

in chancery, is a commission usually directed to seven persons therein named, empowering them to seize the defendant's personal estate, and the profits of his real, and to detain them, subject to the order of the court. It issues on the return of the sergeant at arms, wherein it is certified, that the defendant had sequestered himself.

Sequestrations were first introduced by Sir Nicholas Bacon, lord keeper in the reign of Queen Elizabeth; before which the court found some difficulty in enforcing its process and decrees; and they do not seem to be in the nature of process to bring in the defendant, but only intended to enforce the performance of the court's decree.

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 compter; 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 compter; 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 diffuse 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.

in Scots Law. See LAW INDEX.