Online Encyclopedia

ARRESTMENT

Online Encyclopedia
Originally appearing in Volume V02, Page 647 of the 1911 Encyclopedia Britannica.
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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 189o, the wages of all labourers, farm-servants, manufacturers, artificers and work-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.
End of Article: ARRESTMENT
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ARREST (Fr. arrester, arreeter, to stop or stay)
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ARRETIUM (mod. Arezzo)

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