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Arrestment

ARRESTMENT, in Scots law, the process by which a creditor detains the goods or effects of his debtor in the hands of third parties till the debt due to him shall be paid. It is divided into two kinds: (1) Arrestment in security, used when proceedings are commencing, or in other circumstances where a claim may become, but is not yet, enforceable; and (2) Arrestment in execution, following on the decree of a court, or on a registered document, under a clause or statutory power of registration, according to the custom of Scotland. By the process of arrestment the property covered is merely retained in place; to realize it for the satisfaction of the creditor's claim a further proceeding called "furthcoming" is necessary. By old practice, alimentary funds, i.e. those necessary for subsistence, were not liable to arrestment. By the Wages Arrestment Limitation (Scotland) Act 1870, the wages of all labourers, farm-servants, manufacturers, artificers and work-people are not arrestable except (1) in so far as they exceed 20s. per week; but the expense of the arrestment is not to be charged against the debtor unless the sum recovered exceed the amount of the said expense; or (2) under decrees for alimentary allowances and payments, or for rates and taxes imposed by law.

Note - this article incorporates content from Encyclopaedia Britannica, Eleventh Edition, (1910-1911)

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