arrestment


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arrestment

in the Scots law of diligence or legal enforcement, the attachment of a debtor's moveable property- like goods - that is in the hands of a third party. The situation is thus: A sues B; C owes money to B; A can arrest the debt owed by C to B until his own action against B is concluded (called arrestment on the dependence) or, if the arrestment is after the action between A and B, until A actually gets an order to have C make the money over, which is done by FURTHCOMING. Arrestment prohibits the party in whose hands it is laid from parting with the property but does not affect the property. It does not operate IN REM. It can be used to keep the property available in case the debtor does not pay. There is a special diligence for attaching ships, called arrestment of a ship, that generally can only be done if the claim is a maritime claim. If it is feared the ship will leave, a warrant can be granted to dismantle the ship. Arrestment can be extinguished by the court by recall. Loosing of arrestment frees the subject of arrestment but preserves another security for the creditor. Arrestment can take place before an action is served on the defender (called arrestment on the dependence ).

ARRESTMENT, Scotch law. By this term is sometimes meant the securing of a criminal's person till trial, or that of a debtor till he give security judicio sisti. Ersk. Pr. L. Scot. 1, 2, 12. It is also the order of a judge, by which he who is debtor in a movable obligation to the arrester's debtor, is prohibited to make payment or delivery till the debt due to the arrester be paid or secured. Ersk. Pr. L. Scot. 3, 6, 1. See Attachment, foreign. where arrestment proceeds on a depending action, it may be loosed by the common debtor's giving security to the arrester for his debt, in the event it shall be found due. Id. 3, 6, 7.

References in periodicals archive ?
The weather finally closed onto the field as we made our short-field arrestment.
Since the hydraulic failure caused the aircraft to lose all primary braking, the crew elected to do an approach-end arrestment.
If he does not pay within 14 days, you can then instruct a poinding, or attachment of his household goods, and a warrant sale, or consider an arrestment on his bank account.
The Scottish Mirror yesterday revealed the Jambos had received none of the transfer cash from Rangers because an arrestment had been taken out on the club's bank account.
We ran through the emergency-extension procedure with no joy and prepared for the field arrestment.
In another incident, airport police seized three punched vehicles while no arrestment was reported so far.
However, even if they agree with the Italians and it goes the way of the club it is believed West Lothian Council will seek an arrestment order for around pounds 200,000 in rent for their Almondvale ground.
For more than 50 years, Engineered Arresting Systems Corporation, the cornerstone of Zodiac's Emergency Arresting Systems Divisions (EASD), has harnessed mechanical energy to provide customized arrestment and containment solutions for aircraft and transport vehicles.
The tower controllers were then able to coordinate a closed pattern and safe full-stop landing by Cobra 81 followed very shortly by a successful approach-end arrestment for Cobra 82.
It is believed that Rangers tried to pay the transfer fee but couldn't because an an arrestment had been taken out against the Tynecastle club.
However, Inspector General Sindh Fayyaz Leghari didn't confirm the arrestment.
QUETTA, May 25, 2010 (Balochistan Times): Leader of Jamhoori Watan Party-Aali Group (JWP-AG), Tukri Shahbaz Muhammad Hussni has demanded to the government for the arrestment of nominated persons in the murder of Nawab Akbar Bugti especially former Home Minister Balochistan and punished them according to the law.