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ARRESTMENT , in Scots See also: law, the See also: process by which a creditor detains the goods or effects of his debtor in the hands of third parties till the See also: debt due to him shall be paid
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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 See also: court, or on a registered document, under a clause or statutory power of See also: registration, according to the See also: custom of Scotland
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By the process of arrestment the See also: 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
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By old practice, alimentary funds, i.e. those necessary for subsistence, were not liable to arrestment
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By the Wages Arrestment See also: Limitation (Scotland) See also: Act 189o, the wages of all labourers, See also: farm-servants, manufacturers, artificers and See also: work-See also: people are not arrestable except (I) 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
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