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Encyclopedia Britannica



ARRESTMENT

This article appears in Volume V02, Page 647 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: ARN-AUD
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.


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