Defts, for sequestrators to sell the effects of a corp. 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. 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 possession; 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 Master'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. B., 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.

The return need not be filed, but notice of the application should be given to the tenants: Goldsmith v. G., 5 Ha. 123.

For such orders, see Rowley v. Ridley, L. C., 26 Jan. 1784, B. 153; 3 Swa. 306; 4 Ves. 738; Hammond v. Maber, V.-C., 25 July, 1821, A. 1740; Duncombe v. Lewis, V.-C. K., 2 Nov. 1853, A. 29; in which cases the order was on notice; and in Duncombe v. Lewis limited a time; and under O. XLI, 5, the order to attorn tenant should limit a time, and may then be enforced by attachment and sequestration, or, on the return of the attachment non est inventus, at the option of the party prosecuting, by sequestration: O. XLIII, 6; or by an order for the Serjeant-at-Arms, and subsequent process: Gen. Ord. 7 Jan. 1870, 6.

For order for sequestrators to be at liberty to let and set the real estate, see Rees v. Williams, V.-C. K. B., 27 April, 1848, B. 842.

For orders for tenants to attorn to receiver, see inf. Chap. XXXII., "RECEIVERS."

For forms of proceedings under sequestration, see D. C. F. 448-453.

NOTES.

POWERS AND DUTIES OF SEQUESTRATORS.

Sequestrators are authorized by the writ to enter into possession of lands, &c. in the possession of the contemnor, and to receive the rents and profits of such of his estates as are in the occupation of tenants, who should be served with notice in writing to attorn and pay their arrears and growing rents to them; and upon refusal to attorn, &c., the sequestrators may upon motion or summons obtain an order for them to attorn, &c.: see Form 3, sup.; Rowley v. Ridley, 3 Swa. 306; S. C., 4 Ves. 738-740.

Sequestrators will be ordered to account for whatever comes to their hands by virtue of their office, and are bound from time to time to make returns to the Court: Howell v. Lord Coningsby, 1 Fowl. Ex. Pr. 161; Dan. 738; Form 2, sup.

The sequestrator of a benefice was disallowed expenditure for repairs in

excess of the sum estimated by the surveyor's report, under the Ecclesiastical Dilapidations Act, 1871 (34 & 35 V. c. 43): Kimber v. Paravicini, 15 Q. B. D.

222.

Under a sequestration for non-performance of an order for payment of money, the proceeds of the goods seized will be applied in satisfaction of the Plt's demand: Davis v. D., 2 Atk. 24.

The sequestrators ought not so to apply the proceeds on their own authority, but should pay them into Court upon leave obtained on motion, or now, unless in special cases, by summons in Chambers; and see Dan. 734.

Sequestrators under an interlocutory order for the non-performance of a duty have the same power as under a final judgment: Cadell v. Smith, 3 Swa. 308, n.; Dunkley v. Scribnor, 2 Mad. 443.

Sequestrators abusing their powers may be committed: Lord Pelham v.
Lord Harley, 3 Swa. 291, n.; and see Sykes v. Dyson, W. N. (70) 81.
And obstructing sequestrators is a contempt of Court: Angel v. Smith,
9 Ves. 336; Lord Pelham v. Duke of Newcastle, 3 Swa. 289, n.;
Franklin v. Colhoun, 3 Swa. 276; Dan. 739.

and see

The title of sequestrators will prevail over that of mortgagees with full notice of the proceedings: Ward v. Booth, 14 Eq. 195.

As to the priority of a sequestration issued by a trustee in bankruptcy, see Bankruptcy Act, 1883, s. 52 (corresponding with sect. 88 of the Act of 1869); and Exp. Chicks, Re Meredith, 11 Ch. D. 731, C. A.

When necessary, a sale may, on the application of the sequestrators, be ordered:

-of rents in kind, or the natural produce of a farm: Shaw v. Wright, 3 Ves. 22.

-of household goods and furniture: Mitchell v. Draper, 9 Ves. 208. -of a Deft's reversionary interest in a fund in Court: Couper v. Taylor, 16 Sim. 314.

But sequestrators cannot sell the estates themselves, as distinguished from the profits, whether freehold, copyhold, or leasehold, as neither the estate nor the term is vested in them by virtue of the writ: see Shaw v. Wright, 3 Ves. 22; sup. pp. 454, 455.

The application for a sale should be made by summons in Chambers (see Turner v. Clifford, W. N. (70) 199); or on motion (see Wharam v. Broughton, 1 Ves. 184), upon notice (Mitchell v. Draper, 9 Ves. 208); but where service of the notice could not be effected, an order for sale was granted upon an ex parte motion: Re Rush, 19 W. R. 417; 10 Eq. 442.

The execution by the sequestrators of the writ by taking possession of such parts of the lands of a Deft, who had failed to comply with an order duly registered for payment of money into Court, as were in his possession, and by procuring an attornment from the tenants of the other parts, does not constitute the Plt, by whom the writ has been issued, a creditor to whom the lands of the debtor have been actually delivered in execution, so as to entitle him to a sale of the land under 27 & 28 V. c. 112 (Judgments Act, 1864): Johnson v. Burgess, 15 Eq. 398; not following Re Rush, 10 Eq. 442; and as to the effect of the Judgment Acts, 1838-1864, v. inf. Chap. XLVII., "MORTGAGES." And the mere issuing of a sequestration against a Deft, and service of it on his debtor or trustee, did not make the Plt a secured creditor within the Bankruptcy Act, 1869: Exp. Nelson, Re Hoare, 14 Ch. D. 41, C. A.

On a sequestration under a judgment, leave will be given to the sequestrators to let: Harvey v. H., 4 Rep. in Ch. 49; and sequestrators in possession and in receipt of the rents and profits were allowed to let and set the estate, as there should be occasion: Rees v. Williams, V.-C. K. B., 27 April, 1848, B. 842; S. C., sup. p. 393; Neale v. Bealing, L. C., March, 1744, B. 214; 3 Swa. 304, n.; and see Dunkley v. Scribnor, 2 Mad. 443.

(III.) EXAMINATION PRO INTERESSE SUO.

1. Inquiry as to Claimant's Interest.

UPON motion &c., by counsel for S., of &c. [claimant], and upon hearing counsel for the Plts, and for the Deft; and upon reading &c.

[enter any evidence]; This Court doth order that an inquiry be made whether the said S. hath any and what interest in the lands and hereditaments specified in the schedules to the return to the commission of sequestration issued in this action, and other the real estates comprised in the indentures dated &c. [describe the property] sequestered by &c., the sequestrators acting under the said commission of sequestration, or any and what part thereof; And it is ordered that this motion do stand over until after the Master shall have made his certificate of the result of the said inquiry (but this order is to be without prejudice to any question as to the rents of the said lands &c.). -Liberty to apply.-See Alton v. Harrison, V.-C. S., 22 June, 1869, A. 1740.

For like order, see Jacob v. De Morgan, M. R., 1 Feb. 1878, A. 222.

For order under former practice for claimant to come in and be examined, see Hamlyn v. Ley, L. C., 12 Feb. 1743, A. 194; 1 Dick. 94; 3 Swa. 301, n.; for order of reference to see if title made out, S. C., M. R., 9 June, 1743, A. 474; for final order, with declaration in favour of claimant, Cooper v. Thornton, L. C., 22 July, 1738, A. 629; 1 Dick. 73.

For form of application, see D. C. F. 452.

2. The like-On Motion that the Sequestrators withdraw, and for Damages, and Cross Motion that they sell.

UPON motion &c., by counsel for S. of &c., and H. of &c. [claimants], that the sequestrators might be discharged and ordered to withdraw from possession, and for an inquiry as to damage, and that the Plts might be ordered to pay the amount of such damage, or for an inquiry as to the claimant's interest; and upon hearing counsel for the Plts and the Deft H.; and upon motion &c., by counsel for the Plts &c. that the said sequestrators might sell the several goods, chattels &c., and articles of personalty in and about the house &c., situate &c., sequestered by the said sequestrators; and upon hearing counsel for the Deft H.; and upon reading &c., This Court doth order that an inquiry be made whether the said S. and H. [claimants] have any and what interest in the several goods, chattels &c., and articles of personalty in and about the house &c., situate &c., sequestered by the said sequestrators, or any and what part thereof; and also in the lands and hereditaments comprised in the indenture dated &c.-Rest of motion to stand adjourned until after the result of the inquiry.-Alton v. Harrison, V.-C. S., 28 Jan. 1869, A. 262.

3. Sequestrators to withdraw upon Undertaking by Claimant as to Damages, to keep an Account, and to allow Sequestrators to take Inventory-Inquiry.

UPON motion &c., that sequestrators withdraw, and for inquiry as to damage and claimant's interest; And the said H. [claimant] by his counsel at the bar undertaking to permit the sequestrators acting

under the commission of sequestration issued in these actions on the day of to take an inventory of the stock in trade, chattels, and effects in and about the warehouse &c., situate &c., sequestered by the said sequestrators, and also not to deal with or dispose of any of the said stock in trade &c., except in the ordinary course of business, and to keep an account of all moneys he shall receive and pay in respect of the said stock in trade &c., and of any disposition thereof in the ordinary course of business, and also submitting to be bound by any order this Court may make as to damages, or with respect to the proceeds of any of the stock in trade &c. dealt with in the ordinary course of business, and to restore possession of the said warehouse &c., if this Court should so order, Let such inventory be taken accordingly; And Let the said sequestrators withdraw from possession of the said stock in trade &c., and also from all interference with the said premises, goods, chattels, and effects, until the inquiry hereinafter directed has been answered, or until further order; And Let an inquiry be made whether the applicant is in any and what manner interested in the said premises, stock in trade, &c., or any and what part or parts thereof.-Rest of motion to stand over until after the result of the inquiry.-Alton v. Harrison, V.-C. S., 11 Jan. 1869, A. 112.

The inquiry in this case was directed before the return, on a sufficient case being shown by the affidavits in support of the application: see Dan. 740.

4. Declaration that Claimants have an interest against which Sequestrators cannot hold-Direction to withdraw-Costs.

UPON the application of &c. [claiming as mortgagees] to vary the Master's certificate adjourned into Court, and upon the adjourned motion &c.; Let the said certificate, so far as it is thereby certified that the applicants have not any interest in the several goods, chattels &c., and articles of personalty in and about the house &c., situate &c., sequestered by the said sequestrators, nor in the lands and hereditaments comprised in the indenture dated &c., be varied, And Declare that the said [claimants] have under and by virtue of the said indenture an interest in the said several goods &c., and articles of personalty, lands, and hereditaments, against which the said sequestrators cannot hold; And Let the said sequestrators withdraw from the possession of the said several goods &c., and articles of personalty, and from the possession and receipt of the rents and profits of all such parts of such lands and hereditaments of which they are in possession or in receipt of the rents and profits, and they are not hereafter to receive any further rents. Costs of claimants of this and their former applications, and of the reference, to be added to the amount due to them under their security, such costs to be taxed &c.-See Alton v. Harrison, V.-C. S., 24 June, 1869, A. 1741; W. N. (69) 81.