poinding

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poinding

(pronounced ‘pinding’) a now obsolete form of diligence or legal enforcement in Scots law. See ATTACHMENT.

POINDING, Scotch. law. That diligence, affecting movable subjects, by which their property is carried directly to, the creditor. Poinding is real or personal. Ersk. Pr. L. Scot. 3, 6, 11.

POINDING, PERSONAL, Scotch law. Poinding of the goods belonging to the debtor; and of those goods only.
     2. It may have for its warrant either letters of horning, containing a clause for poinding, and then it is executed by messengers; or precepts of poinding, granted by sheriffs, commissaries, &c., which are executed by their proper officers. No cattle pertaining to the plough, nor instruments of tillage, can be poinded in the time of laboring or tilling the ground, unless where the debtor, has no other goods that may be poinded. Ersk. Pr. L. Soot. 3, 6, 11. See Distress, to which this process is somewhat similar.

POINDING, REAL, or poinding of the ground, Scotch law. Though it be properly a diligence, this is generally considered by lawyers as a species of real action, and is so called to distinguish it from personal poinding, which is founded merely on an obligation to pay.
     2. Every debitum fundi, whether legal or conventional, is a foundation for this action. It is therefore competent to all creditors in debts which make a real burden on lands. As it proceeds on a, real right, it may be directed against all goods that can be found on the lands burdened but, 1. Goods brought upon the ground by strangers are not subject to this diligence. 2. Even the goods of a tenant cannot be poinded for more than his term's rent, Ersk. Pr. L. Scot. 4, 1, 3.

References in periodicals archive ?
In 1552 the warden of the English East March ordered that vigils be held by two men "at the two stones the Poind and his Man".
They called on William's neighbours to poind furniture and valuables for a warrant sale to repay debts.
Mr Miller had gone to the 46-year-old's flat in Hyndland Street to serve a court warrant, allowing him to poind goods for sale to settle an outstanding debt.
For pounds 100 they say they could arrange to poind his goods - but with no guarantee of success.
Moreover, Rowling, who has an estimated fortune of 530million poinds, joined one of his business partners, Neil Blair, at a new agency that he set up.
1 1/2 poinds mild Italian sausages, cut into 1-inch lengths
2 poinds, 19 out of 21 (86 percent) of those exposed to bright light later developed retinopathy -- a degenerative eye disease common in premature infants (SN: 12/1/84, p.
Real has also been in talks with Liverpool midfielder Xabi Alonso, whom they have offered a 20 million poinds contract.