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Sequestration (law)
In law, sequestration is the act of removing, separating, or seizing anything from the possession of its owner under process of law for the benefit of creditors or the state. Etymology The Latin ''sequestrare'', to set aside or surrender, a late use, is derived from sequester, a depositary or trustee, one in whose hands a thing in dispute was placed until the dispute was settled; this was a term of Roman jurisprudence (cf. ''Digest L.'' 16,110). By derivation it must be connected with ''sequi'', to follow; possibly the development in meaning may be follower, attendant, intermediary, hence trustee. In English "sequestered" means merely secluded, withdrawn. England In law, the term "sequestration" has many applications; thus it is applied to the act of a belligerent power which seizes the debts due from its own subject to the enemy power; to a writ directed to persons, "sequestrators," to enter on the property of the defendant and seize the goods. Church of England There are also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Creditor
A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption (usually enforced by contract) that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is called the creditor, which is the lender of property, service, or money. Creditors can be broadly divided into two categories: secured and unsecured. *A secured creditor has a security or charge over some or all of the debtor's assets, to provide reassurance (thus to ''secure'' him) of ultimate repayment of the debt owed to him. This could be by way of, for example, a mortgage, where the property represents the security. *An unsecured creditor does not have a charge over the debtor's assets. The term credito ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proceeds Of Crime Act 2002
The Proceeds of Crime Act 2002 (c.29) (POCA) is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the UK. Background The act was enacted following the publication on 14 June 2000 of new government policy as set out in the Performance and Innovation Unit's report "Recovering the Proceeds of Crime". It deals with a wide range of matters relevant to UK law on proceeds of crime issues. These include confiscation orders against convicted individuals (requiring payment to the State based upon the benefit obtained from their crimes), civil recovery of proceeds of crime from unconvicted individuals, taxation of profits generated from crime, UK anti-money laundering legislation, powers of investigation into suspected proceeds of crime offences, and international co-operation by UK law enforcement agencies against money laundering. The Act has been ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods ( chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets (by either seizure or distraint) without a cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Civil War
The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of religious freedom. It was part of the wider Wars of the Three Kingdoms. The first (1642–1646) and second (1648–1649) wars pitted the supporters of King Charles I against the supporters of the Long Parliament, while the third (1649–1651) saw fighting between supporters of King Charles II and supporters of the Rump Parliament. The wars also involved the Scottish Covenanters and Irish Confederates. The war ended with Parliamentarian victory at the Battle of Worcester on 3 September 1651. Unlike other civil wars in England, which were mainly fought over who should rule, these conflicts were also concerned with how the three Kingdoms of England, Scotland and Ireland should be governed. The outcome was threefold: the trial of and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cavalier
The term Cavalier () was first used by Roundheads as a term of abuse for the wealthier royalist supporters of King Charles I and his son Charles II of England during the English Civil War, the Interregnum, and the Restoration (1642 – ). It was later adopted by the Royalists themselves. Although it referred originally to political and social attitudes and behaviour, of which clothing was a very small part, it has subsequently become strongly identified with the fashionable clothing of the court at the time. Prince Rupert, commander of much of Charles I's cavalry, is often considered to be an archetypal Cavalier. Etymology Cavalier derives from the same Latin root as the Italian word and the French word (as well as the Spanish word ), the Vulgar Latin word '' caballarius'', meaning 'horseman'. Shakespeare used the word ''cavaleros'' to describe an overbearing swashbuckler or swaggering gallant in Henry IV, Part 2 (c. 1596–1599), in which Robert Shallow says "I'l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sequestration Committee
In 1643, near the start of the English Civil War, Parliament set up two committees the Sequestration Committee which confiscated the estates of the Royalists who fought against Parliament, and the Committee for Compounding with Delinquents which allowed Royalists whose estates had been sequestrated, to compound for their estates – pay a fine and recover their estates – if they pledged not to take up arms against Parliament again. The size of the fine they had to pay depended on the worth of the estate and how great their support for the Royalist cause had been. To administer the process of sequestration, a sequestration committee was established in each county. If a local committee sequestrated an estate they usually let it to a tenant and the income was used "to the best advantage of the State". If a " delinquent" wished to recover his estate he had to apply to the Committee for Compounding with Delinquents based in London, as the national Sequestration Committee was absorbed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Serious Organised Crime Agency
The Serious Organised Crime Agency (SOCA) was a non-departmental public body of the Government of the United Kingdom which existed from 1 April 2006 until 7 October 2013. SOCA was a national law enforcement agency with Home Office sponsorship, established as a body corporate under Section 1 of the Serious Organised Crime and Police Act 2005. It operated within the United Kingdom and collaborated (through its network of international offices) with many foreign law enforcement and intelligence agencies. The Agency was formed following a merger of the National Crime Squad, the National Criminal Intelligence Service (elements of which were incorporated into AVCIS), the National Hi-Tech Crime Unit (NHTCU), the investigative and intelligence sections of HM Revenue & Customs on serious drug trafficking, and the Immigration Service's responsibilities for organised immigration crime. The Assets Recovery Agency became part of SOCA in 2008, while the Serious Fraud Office remained a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high value and high importance civil law (non- criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Recovery
Civil recovery is the method in some legal systems employed to recover the proceeds of crime, instead of, or in addition to, criminal. Many retailers, or agents acting on their behalf, utilize civil recovery to recover the value of property (including intellectual property) obtained through unlawful conduct (i.e. theft, burglary, larceny, fraud etc.). In these cases, police action is not a prerequisite to the civil demand for damages by the retailer. The civil demand can be, and often is, made and settled before a civil lawsuit is filed against the shoplifter in the appropriate civil court. Non-conviction based asset recovery powers are available in some jurisdictions where it is not considered feasible to secure a criminal conviction or a criminal conviction has been obtained but no confiscation order made. These powers are often used in more serious cases of money laundering, organised crime or drug trafficking. Proponents of civil recovery say it is important to recover the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many List of islands of the United Kingdom, smaller islands within the British Isles. Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assets Recovery Agency
The Assets Recovery Agency (ARA) was a non-ministerial government department in the United Kingdom. It was established under the Proceeds of Crime Act 2002 (POCA) to reduce crime by confiscating the proceeds of any crime. It was granted a new power of civil recovery through the High Court, and could also take over the powers of the HM Revenue and Customs (HMRC) to levy tax without identifying a source for taxed income. The ARA became operational in February 2003, but it failed to meet its targets for the confiscation of criminal funds. It was announced in January 2007 that it would be merged with the Serious Organised Crime Agency (SOCA), which was established in 2006. Provisions to achieve this were contained in the Serious Crime Act 2007. There were also proposals for other law enforcement agencies, such as HMRC, to be given similar powers of civil recovery at the same time. On 1 March 2008, the transfer of the Director and staff of the Assets Recovery Agency, its property, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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