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CHAPTER FIFTH JUDICIAL SEQUESTRATION

Revised Laws of Saint Lucia (2021)

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CHAPTER FIFTH
JUDICIAL SEQUESTRATION

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    714.   All demands for sequestration are made by petition to the Court or Judge. It may also, according to circumstances, be ordered by the Court without being demanded by the parties.

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    715.   The judgment ordering sequestration commands the parties to appear before the Court or Judge, on a day fixed, to name a sequestrator; and if the parties cannot agree, or if one of them be absent, the Court, or Judge, names one.

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    No one can be compelled to accept the office of sequestrator.

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    716.   The sequestrator must be sworn before the Judge or the Registrar to administer well and faithfully the duties of his or her office.

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    He or she is put into possession by the Sheriff or his or her officer, who draws up a statement containing a description of the property sequestrated. This statement must be signed by the Sheriff or his or her officer, and also by the sequestrator, if he or she can sign if he or she cannot, mention should be made that he or she declared he or she could not sign, after he or she was called upon to do so, and the statement had been read to him or her.

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    717.   If among the things sequestrated some are consumable or perishable, the sequestrator may cause them to be sold, observing the formalities prescribed for the sale of movables under execution.

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    718.   If the thing sequestrated consists in a right of enjoyment, the sequestrator, if there is no conventional lease, is bound to sell the lease by auction, notice having been given by 2 advertisements in the Gazette.

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    719.   Neither party can, directly or indirectly, become lessee of the things sequestrated.

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    720.   Repairs or other necessary expenditures cannot be made upon the premises sequestrated without the authorisation of the Court or Judge, upon petition, of which the parties have received notice.

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    721.   Sequestrators are subject to the duties and obligations imposed upon guardians in seizures under execution.

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    They are moreover, bound to render an account of their administration when judgment has been given upon the contestation, and also whenever, pending the suit, the Judge orders them to do so, at the instance of either of the parties and upon cause shown.

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    Whenever monies have been paid into Court, or are in the hands of the Sheriff or the Registrar, and their adjudication happens to be delayed for an indefinite time, either by contestation in the suit, or for other reasons, the Court or Judge may upon the application of one of the parties, and after the others have been heard or duly notified, order that the monies be placed in the hands of the sequestrator charged with investing them until judgment, so that they shall bear interest or profits in favour of the party who eventually will be entitled to receive them, or may order the first sequestrator to invest them in like manner.

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    722.   The sequestrator appointed in virtue of article 507 must file with the Registrar within 8 days after service of notice served upon him or her that the proceedings under the writ of execution have been discontinued, and within the same delay, after the sale has taken place, an account of his or her receipts and expenditure and a general statement of his or her administration of the property.

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    723.   A sequestrator is discharged by law upon his or her delivering the property sequestrated to the party named in the judgment of the Court, and also in the manner stated in the Book respecting Deposit in the Civil Code.

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    724.   Orders of sequestration are executed provisionally, notwithstanding and without prejudice to any appeal.

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    725.   If either party, by violent means, hinders the appointment or the administration of the sequestrator, the other party may apply to be put provisionally in possession of the things in dispute, under the same conditions as a sequestrator.

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    GENERAL PROVISIONS WITH REGARD TO ALL JUDICIAL SEIZURES SPECIFIED IN PARTS II AND III

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    726.   If the things seized or attached are of a perishable nature or liable to deteriorate during the pendency of the suit, the Court or Judge may order them to be sold by the Sheriff.

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