Sequestration

Sequestration in United States

Sequestration Definition

In Chancery Practice, A remedy by writ for the taking of property, and the rents and profits thereof, either to enforce a decree, 19 Ency, of PI, & Pr, 640, or to preserve the subject matter of the suit. See 3 Bl. Comm, 444, The writ issued sometimes to the sheriff, but usually to four or more commissioners. While the remedy is now practically superseded by executions against real estate, receivership proceedings and kindred remedies, it has not been abolished or prohibited and may be resorted to whenever it is deemed necessary. 19 Ency. of PI. & Pr. 540. See 6 Fed. 766; 11 Paige (N, Y.) 603. In Contracts. A species of deposits which two or more persons, engaged in litigation about anything, make of the thing in contest with an indifferent person, who binds himself to restore it, when the issue is decided, to the party to whom it is adjudged to belong. Code La. art. 2942; Story, Bailm. § 45. See 19 Viner, Abr. 325; 1 Vern. 58, 420; 2 Ves. Jr. 23. In Louisiana. A mandate of the court, ordering the sheriff, in certain cases, to take into his possession, and to keep, a thing of which another person has the possession, until after the decision of a suit, in order that it be delivered to him who shall be adjudged entitled to have the property or possession of that thing. This is what is properly called a judicial sequestration. See 1 Mart. (La.) 79; 1 La. 439; Civ. Code La. arts. 2941, 2948. In this acceptation, the word sequestration does not mean a judicial deposit, because sequestration may exist together with the right of administration, while mere deposit does not admit it.

Sequestration in Foreign Legal Encyclopedias

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Sequestration Sequestration in the World Legal Encyclopedia.
Sequestration Sequestration in the European Legal Encyclopedia.
Sequestration Sequestration in the Asian Legal Encyclopedia.
Sequestration Sequestration in the UK Legal Encyclopedia.
Sequestration Sequestration in the Australian Legal Encyclopedia.

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Sequestration Sequestration in the Family Law Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the IP Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the Commercial Law Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the Criminal Law Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the Antritrust Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the Constitutional Law Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the Tax Law Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the and Finance and Banking Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the Employment and Labor Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Sequestration Sequestration in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

In Chancery Practice, A remedy by writ for the taking of property, and the rents and profits thereof, either to enforce a decree, 19 Ency, of PI, & Pr, 640, or to preserve the subject matter of the suit. See 3 Bl. Comm, 444, The writ issued sometimes to the sheriff, but usually to four or more commissioners. While the remedy is now practically superseded by executions against real estate, receivership proceedings and kindred remedies, it has not been abolished or prohibited and may be resorted to whenever it is deemed necessary. 19 Ency. of PI. & Pr. 540. See 6 Fed. 766; 11 Paige (N, Y.) 603. In Contracts. A species of deposits which two or more persons, engaged in litigation about anything, make of the thing in contest with an indifferent person, who binds himself to restore it, when the issue is decided, to the party to whom it is adjudged to belong. Code La. art. 2942; Story, Bailm. § 45. See 19 Viner, Abr. 325; 1 Vern. 58, 420; 2 Ves. Jr. 23. In Louisiana. A mandate of the court, ordering the sheriff, in certain cases, to take into his possession, and to keep, a thing of which another person has the possession, until after the decision of a suit, in order that it be delivered to him who shall be adjudged entitled to have the property or possession of that thing. This is what is properly called a judicial sequestration. See 1 Mart. (La.) 79; 1 La. 439; Civ. Code La. arts. 2941, 2948. In this acceptation, the word sequestration does not mean a judicial deposit, because sequestration may exist together with the right of administration, while mere deposit does not admit it.

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Notice

This definition of Sequestration Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

The seizure and maintenance of the property of a defaulting party in a matrimonial action. Sequestration is a method of enforcing the provisions of a judgment (in U.S. law) against someone to pay alimony (in U.S. law) or support.

(Revised by Ann De Vries)

What is Sequestration?

For a meaning of it, read Sequestration in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Sequestration.

Resources

See Also

  • Legal Topics.
  • Further Reading (Articles)

    Sequestration, Science, and the Law: An Analysis of the Sequestration Component of the California and Northeastern States’ Plans to Curb Global Warming, Environmental Law; September 22, 2007; Brodeen, Elizabeth C.

    Sequestration: What Government Contractors Need to Know, Mondaq Business Briefing; June 27, 2012

    Sequestration Poses Economic Threat to School Districts Nation-Wide, New Aasa Study Shows Cuts Will Result in Loss of Personnel and Programs, States News Service; July 10, 2012

    Sequestration by the Numbers, States News Service; March 22, 2013

    Sequestration to Reduce Government Payments to Issuers of Certain Qualifying Bonds, Mondaq Business Briefing; April 11, 2013

    Medicare and Sequestration – What
    Happens Now?, Mondaq Business Briefing; March 12, 2013

    Comptroller: Sequestration Would Devastate Defense Spending, US Fed News Service, Including US State News; September 22, 2012

    CARBON SEQUESTRATION, Rachel’s Democracy & Health News; November 8, 2007; Montague, Peter

    Carbon Sequestration, Environmental Science: In Context; January 1, 2009

    Impact of Sequestration on Community College Priority Programs, States News Service; March 11, 2013

    Texplainer: What Would Sequestration Mean for Texas?, The Texas Tribune; February 12, 2013

    The Democrats Have Lost on Sequestration (Posted 2013-04-28 03:42:37), The Washington Post; April 28, 2013; Klein, Ezra

    The Democrats Have Lost on Sequestration (Posted 2013-04-28 18:18:09), The Washington Post; April 28, 2013; Klein, Ezra

    Report on Defense Sequestration Finds Big Jobs Impact in Swing States, States News Service; June 26, 2012

    Sequestration Becomes A Reality, Mondaq Business Briefing; March 8, 2013

    SEQUESTRATION OF FEDERAL FUNDS POSSIBLE IN FY 2013., States News Service; May 31, 2012

    Sequestration Could Deny Rental Assistance to 140,000 Low-Income Families Cuts Come at Time of Rising Need for Housing Assistance and Will Exacerbate Homelessness, States News Service; April 2, 2013

    Sequestration: Knowns and Unknowns, The National Provisioner; March 1, 2013; Johnson, Dennis R.

    New Report: Sequestration Will Ground Air Travelers, Cargo and the U.S. Economy, States News Service; August 13, 2012

    The Democrats Have Lost on Sequestration (Posted 2013-04-27 00:28:45), The Washington Post; April 27, 2013; Klein, Ezra

    Sequestration (Budget Enforcement Act Term) in the Federal Budget Process

    Meaning of Sequestration in the congressional and executive budget processes (GAO source): Under Budget Enforcement Act (BEA) provisions, which expired in 2002, the cancellation of budgetary resources provided by discretionary appropriations or direct spending laws. New budget authority, unobligated balances, direct spending authority, and obligation limitations were “sequestrable” resources; that is, they were subject to reduction or cancellation under a presidential sequester order. (See also Budgetary Resources; Entitlement Authority; Gramm-Rudman-Hollings; Impoundment; Rescission.)

    Resources

    See Also

    Further Reading

    • Legislatures and the budget process: the myth of fiscal control

      (J Wehner, 2010)

    • Reconcilable Differences?: Congress, the Budget Process, and the Deficit (JB Gilmour, 1990)
    • Fiscal institutions and fiscal performance

      (JM Poterba, J von Hagen, 2008)


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