time, to obey the same, the person prosecuting the judgment shall, at the expiration of the time limited for the performance thereof, be entitled, without obtaining any order for that purpose, to obtain a writ of sequestration against the estate and effects of such disobedient person; Sprunt v. Pugh, 7 Ch. D. 567; Sykes v. Dyson, 9 Eq. 228.

The rule applies to things which are to be done within a limited time, and not to things which are prohibited from being done at all, as in the case of an injunction against sewer nuisance by a corporation: Selous v. Croydon Local Board, 53 L. T. N.S. 209.

By the Debtors Act, 1869, s. 8, sequestration against the property of a debtor may, after the commencement of that Act, be issued by a Court of Equity in the same manner as if such debtor had been actually arrested.

By O. XLIII. 7, no sequestration for the payment of costs is to be issued unless by leave of the Court or a Judge.

Under Gen. Ord. 7 Jan. 1870, r. 6, in case the disobedient person, after he has been taken or detained in custody, persists in his disobedience, the person prosecuting shall, upon the sheriff's return of capture, be entitled to a writ of sequestration against the estate and effects of the disobedient person; and upon a return of non est inventus the person prosecuting shall be entitled at his option either to a commission of sequestration in the first instance or otherwise to an order for the Serjeant-at-Arms, and to such other process as he was formerly entitled to upon a return of non est inventus to a commission of rebellion: and see O. XLIII. 6.

A sequestration for costs was granted when it was shown that the debtor had no property other than a military pension, so that a fi. fa. was useless: Snow v. Bolton, 17 Ch. D. 433.

It is questionable whether a writ of sequestration can be properly issued to enforce a simple judgment for payment of debt: see Ex parte Nelson, Re Hoare, 14 Ch. Div. 41; though sequestrations have been issued in cases where no time for payment was limited.

The present practice appears to be to issue the writ, without order, only on judgments or orders for payment into Court, or performance of any other act in a limited time (O. XLII. 4; 0. XLIII. 6); recovery of any property other than land or money (0. XLII. 6); and payment of money or costs within a limited time (Chan. Gen. Ord., 7 Jan. 1870, r. 3); and, by order, on judgments or orders for costs (O. XLIII. 7), and against a corporation (O. XLII. 31).

it

In the case of a judgment requiring the party to abstain from doing any act, the mode of enforcing a judgment to that effect being, as prescribed by O. XLII. 7, by writ of attachment or by committal, sequestration does not seem applicable (Selous v. Croydon Local Board, sup.); but in other cases may be available either instead of, or upon any return to, a writ of attachment, and, as distinguished from attachment, it is also the proper remedy when the persons disobeying the order, from being members of a corporation aggregate (v. sup. p. 372; Spokes v. Banbury Board, 1 Eq. 42; Sutton v. Barnet Board, W. N. (77) 167; A. G. v. Walthamstow Board, W. N. (78) 90), or from privilege of Parliament (see Sect. VII., inf. p. 372), are not liable to process of attachment.

Ô. LII. 4, as to service of copies of affidavits (v. sup. p. 387), is not applicable to sequestration: Selous v. Croydon Local Board, 53 L. T. N.S.

209.

For form of order for sequestration against a corporation, v. inf. p. 631. If the writ of attachment has been already issued, an order for the commission of sequestration must be obtained: Form 1, sup.

For form of writ of sequestration, see R. S. C., Appx. H., Form 13.

NATURE OF SEQUESTRATION.

The commission of sequestration, which is a process of contempt in rem, and not in personam (see Tatham v. Parker, 1 Sm. & G. pp. 513, 514), should be directed to not less than four commrs, nominated by the person prosecuting the judgment or order, and empowers the commrs to enter upon all the messuages, lands, tenements, and real estate of the person disobeying the order and in contempt, and to collect, receive, and sequester not only all the

rents and profits of such real estate, but also all his goods, chattels, and personal estate, and keep the same under sequestration until the person disobeying the order of the Court shall have cleared his contempt. For form of writ, see R. S. C., Appx. H., Form 13; Dan. Forms, p. 406.

Sequestration to compel payment into Court is not determined by the death of the person against whose property it has been issued, and proceedings may be continued against his legal pers. represves: Pratt v. Inman, 43 Ch. D. 175; following Hyde v. Greenhill, 1 Dick. 106.

For the practice before the Jud. Acts as to sequestration continuing against the heir or pers. represve, see Burdett v. Rockley, 1 Vern. 58, 118; Wharam v. Broughton, 1 Vez. 180; Coulston v. Gardiner, 2 Ch. Ca. 43; 3 Swa. 283, n.; Dan. 919.

Sequestration upon mesne process, e.g., to compel appearance or an answer, has been superseded: O. XXXI. 21, 22. For remedies on such default since the Jud. Acts, see O. XXVII.; O. XXXI. 21, 22; and see sup. Chap. VII., "DISCOVERY," and Chap. XII., "TRIAL AND JUDGMENT." Although the writ might be executed in a proper case (see Goldsmith v. G., 5 Ha. 123, and cases there cited), it was usually only resorted to as a step to a decree pro confesso under the old practice.

Sequestration will issue for non-compliance by a non compos with an order for payment of money made against him when sane, provided the order has been served as directed by O. LXVII. 5, and O. IX. 5: Robinson v. Galland, W. N. (89) 108.

Where a respondent in a restitution suit was evading service of decree, and an order as to custody of children, though she was not abroad, sequestration issued without previous writ of attachment or service of the decree or order: Allen v. A., 10 P. D. 187; and see Hyde v. H., 13 P. Div. 166.

Personalty:

PROPERTY LIABLE TO SEQUESTRATION.

All goods and chattels in the possession of the contemnor, or which can be reached by the sequestrators without suit or action, are liable to sequestration; and if the keys are denied them, the sequestrators may open boxes and rooms that are locked, to schedule the goods in them, though they may remove nothing from the house without special order of the Court: L. Pelham V. Ds. Newcastle, 3 Swa. 290, n.; and see Form 1, sup.

It has been doubted whether the books and papers of a corporation could be seized under a sequestration on mesne process: see Lowten v. Colchester Corp., 2 Mer. 395; but by 11 Geo. IV. & 1 Will. IV. c. 36, s. 15, r. 16, sequestrators have the same power to seize books, papers, writings, or other things in the custody or power of a contemnor who has been committed for not delivering them or depositing them in Court, as they would have over the contemnor's own property.

For an order under this rule, see Dodd v. Turnbull, V.-C. II. at Chambers, 15 May, 1879, A. 1092.

Separate estate of a married woman is liable to sequestration: Miller v. M., L. R. 2 P. & M. 54; and also dividends on a fund in Court, or other arrears of income of property to which she is entitled for her separate use without power of anticipation: Claydon v. Finch, 15 Eq. 266; Hyde v. H., 13 P. D. 166; but not future income where she is so restrained: Hyde v. H., sup. A trust fund belonging to the contemnor being in Court in an admon action in the Ch. Div. was ordered to be transferred to sequestrators in an action in the Divorce Div.: Re Slade, S. v. Hulme, 18 Ch. D. 653 (and see Form, ib. at p. 654).

Choses in Action:

If a third person has money or any chose in action in his hands belonging to the party against whom sequestration has issued, it may, provided the holder, who should have notice of the application, admits possession and submits to the order of the Court, be directed to be seized by the sequestrators and paid into Court: see Wilson v. Metcalfe, 1 Beav. 263; Crispin v. Cumano, L. R. 1 P. & M. 622; Rees v. Williams, sup. p. 393; Miller v. Huddlestone, 22 Ch. D. 233 (where bankers, upon motion in the action, were

required to verify the amount of, or admit, the balance due from them and pay same into Court); and such third person's costs of appearing have been allowed: see White v. Wood, 7 Jur. 1123.

But if the stakeholder, or person indebted, does not consent to the order, or disputes the title of the contemnor and the amount, the Court cannot, it seems, order payment to the sequestrators: Simmons v. L. Kinnaird, 4 Ves. 735; Crispin v. Cumano, L. R. 1 P. & M. 622; Johnson v. Chippendall, 2 Sim. 55, 65; and see Franklyn v. Colhoun, 3 Swa. pp. 309, 310.

Pensions:

Pensions granted by the Crown entirely for past services may be seized under a writ of sequestration: Willcock v. Terrell, 3 Ex. Div. 323; Dent v. D., L. R. 1 P. & M. 366; McCarthy v. Gould, 1 Ba. & B. 387; Sansom v. S., 27 W. R. 692; Exp. Huggins, 21 Ch. Div. 85.

But where the services are still being rendered, as in the case of an equerry: Fenton v. Lowther, 1 Cox, 315; or of a naval officer on active service: Apthorpe v. A., 35 W. R. 728; or may be again required, as in the case of an officer on half-pay: M'Carthy v. Goold, sup. ; Stone v. Lidderdale, 2 Anst. 533; Collyer v. Fallon, 1 T. & R. 459; Spooner v. Payne, 1 D. M. & G. 388; the salary or half-pay cannot be sequestered; and see Lloyd v. Cheetham, 3 Gif. 171; nor can the pension of an officer in the army, which is rendered inalienable by the Army Act, 1881 (44 & 45 V. c. 58): Lucas v. Harris, 18 Q. B. Div. 127; Birch v. B., 8 P. D. 163; secus, money received from commutation of such pension: Crowe v. Price, 37 W. R. 424.

Where the pension is charged on and payable out of the Consolidated Fund (15 & 16 V. c. 54, s. 5), the Court has no jurisdiction to order the Lords of the Treasury or the Paymaster General to pay the pension to the sequestrators; but the pensioner may be restrained from receiving, and the sequestrators authorized to receive it, the writ of sequestration being served on the Lords of the Treasury; but it is understood that the Treasury decline to be bound by such an order, and will exercise their discretion as to the extent to which they will recognise and act upon it Willcock v. Terrell, sup. at p. 393.

Real Estate and Chattels Real :

Rents and profits of real estate paid in kind, or the natural produce of a farm, are liable under a sequestration and may be applied; but the land itself, whether freehold, copyhold, or leasehold, or property which passes by title and not by delivery, cannot be sold, as the writ, though it confers a right to take possession, does not transfer the land or the term to the sequestrators: Shaw v. Wright, 4 Ves. 22; and see Sutton v. Stone, 1 Dick. 187; et inf. (II.) p. 398.

Bona Ecclesiastica:

Where the contemnor is a beneficed clerk, and has no lay property, a writ of sequestrari facias de bonis ecclesiasticis and other writs in aid may, on the commrs' return to the ordinary writ of sequestration of nulla bona, and that the contemnor is a beneficed clerk, be issued to the bishop of the diocese, and the benefice sequestered thereunder: Norton v. Pritchard, 2 Sm. & G. 455, n.; Rabbitts v. Woodward, 20 L. T. N.S. 693; Braith. 239, 242; Dan. 911, 913; et v. sup. p. 376.

As to the right of an incumbent pending sequestration to appoint a parish clerk, and as to the effect of the Sequestration Act, 1871 (34 & 35 V. c. 45), see Lawrence v. Edwards, (1891) 1 Ch. 144.

(II.) PROCEEDINGS UNDER SEQUESTRATION.

1. Order for Sequestrators to sell and pay in Proceeds-Taxation and Payment of Costs-Power to remove Effects saleable and unsaleable.

day of

"UPON the application of D. &c. [names], the sequestrators acting under the sequestration issued in this action on the against the Deft H., and of the Plts; and upon hearing the solrs for

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the applicants, and for the Deft H.; and upon reading the order dated &c., an affidavit of &c., filed &c., Let the said [names], the sequestrators acting under the said commission, or any three or two of them, be at liberty to sell, or cause to be sold, either by public auction or private contract, the household furniture, goods, chattels, and personal estate of the said H., now at his residence situate &c., and also all the share and interest of the said H. as partner with one J. of and in all the book debts, materials, tools, implements, goods, chattels, personal estate, goodwill, and stock in trade used in the partnership business of &c. carried on by the said H. and J. at &c. aforesaid, under the style or firm of J. and H., all of which household furniture, goods, chattels, personal estate, and property are now under control of the said sequestrators; And Let, for the purpose aforesaid, the said sequestrators, or any three or two of them, be at liberty to remove the same household furniture, goods, chattels, personal estate, and property from the said residence and place of business of the said H. or elsewhere soever the same may have been deposited by or on his behalf to any convenient place in the discretion of the said sequestrators."— Sequestrators to pay proceeds into Court, and the costs of executing the writ to be taxed and paid thereout to their solrs, and the balance to be invested." And Let the said sequestrators, or any three or two of them, be at liberty to remove all unsaleable effects and property of the said H. from his said residence and place of business or elsewhere soever the same may have been deposited by or on behalf of the said H., to a convenient place under the control of the said sequestrators." -Street v. Hope, V.-C. M., 21 June, 1875, B. 1584.

For similar order, on the relator's application, and on affidavit of notice to Defts, for sequestrators to sell the effects of a corporation under a sequestration, and pay proceeds and rents and profits of realty into Court, deducting expenses, see A. G. v. Mayor, &c. of Newbury, M. R., 27 April, 1839, A. 882.

And for further order for the sequestrators to apply the proceeds of personalty in part satisfaction of the decree and in payment of the costs, and to pay into Court the subsequent rents, see S. C., M. R., 2 Dec. 1839.

For order ex parte for sale, under a sequestration after a return of non est inventus to an attachment, of personal chattels belonging to the contemnor in the custody of third parties, and for removal of books and documents in his custody as solr to a place under the control of the sequestrators, see Re Rush, M. R., 10 Feb. 1870, B. 337; 19 W. R. 417; 22 L. T. N.S. 116. ̊

2. The Like-And to account and arrange Claims for Dilapidations, and Tenant Right-Application of Proceeds.

UPON the application of the Plt, and upon hearing the solrs for the applicant, for the Deft B. and for D., the trustee in bankruptcy of the said Deft, and upon reading &c.-"Let the sequestrators acting under the commissions of sequestration issued in this cause and dated &c. sell at such convenient time or times as they may determine upon (but so that such sale be carried out on or before the day of -), all the goods, furniture, plate, chattels, stock, implements, and personal estate of the Deft B., sequestered by them and now remaining in their pos

session; And Let them also settle and arrange with the incoming tenant as to the amount to be paid by him in respect of the tenant rights upon the Deft's farm, and receive such amount, and give a discharge for the same, and also settle with the landlord, or his incoming tenant, all (if any) claims for dilapidations in and about the farmhouse, buildings, and lands occupied by the Deft; And Let an account be taken of the moneys received and paid by the said sequestrators under and by virtue of the said commissions, including the moneys to be received or paid in pursuance of the directions hereinbefore contained; And Let &c. [names] as such sequestrators, within days after the filing of the chief clerk's certificate, lodge in Court as directed in the schedule hereto, the balance which shall be certified to be due from them on taking the said account; And Let the taxing master tax the costs (as between solr and client) of the Plt and Deft, and the costs, charges, and expenses of the said sequestrators properly incurred of and relating to the execution of the said commissions of sequestration, including a proper allowance to them for their time and trouble.”—[Add schedule containing directions for payment of such costs &c. out of the proceeds when paid in, and for carrying over the sum mentioned in the said sequestration dated &c., to the credit of the action &c.; and payment of part of the sum of £- mentioned in the said sequestration, to the Plt, and the residue of such money to D. as the trustee in bankruptcy of the said Deft B.]—See Re Burkill, Godfrey v. Burkill, V.-C. M., at Chambers, 3 March, 1873, A. 721.

For orders for sequestrators to account, see Shaw v. Wright, L. C., 21 July, 1796, B. 650; Const v. Barr, 1825, A. 1285; Kinsey v. K., 1769, A. 172; to tax the costs and expenses of sequestration, and the sequestrators to pass their accounts, Bray v. Hooper, 1784, A. 1; and for sequestrator to pass his accounts, and have an allowance for his care and trouble, Trigge v. T., 1784, B. 271.

3. Order for Tenants to attorn to Sequestrators.

UPON motion &c. by counsel for the Plts, who alleged that a commission of sequestration issued on &c. against the Deft directed to A. &c., authorizing them, or any two of them, to enter upon all the real estate of the Deft, and to collect, receive, and sequester into their hands all the rents and profits thereof; and that, pursuant to the said commission of sequestration, A. and B., two of the commrs therein named, entered upon all the lands comprised in the said real estate, and situate &c., and in the holding of &c., who refuse to attorn tenants to the said commrs, as by the return of the said commrs of sequestration now produced and read appears; And upon reading an affidavit of &c. of service of notice of this application on the said (tenants) [or, and upon hearing counsel for the said (tenants)], This Court doth order, that the said (tenants) do, within days after service of this order, attorn to and become the tenants of the said A. and B., the said commrs of sequestration, and pay their rents in arrear and growing rents to the said commrs, until further order.