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 tailhook is then removed from the wire and the system is prepared for its next arrestment.
Top lawyers are even having their money seized by court arrestment orders to pay debts.
The CV has the greatest internal fuel, at 19,624 pounds, making it suitable for catapult launches and fly-in arrestments aboard naval aircraft carriers.
It turns out during their attempt to de-arm the missile, they actually removed the restraining pin, which is used to lock the missile onto the launcher rail, preventing it from coming off during carrier arrestments.
Last year alone, 101,000 bank arrestments were carried out.
He has accumulated more than 3,500 flight hours in 48 types of aircraft, 700 carrier arrestments and 54 combat missions in Iraq and Afghanistan.
He opined that the police has been facing no pressure form any side regarding arrestments, however due to sensitive information details could not being revealed.
Twelve approaches by air-wing aircraft resulted in eight waveoffs and only four successful arrestments The weather at NAF Atsugi had gone down to 100 overcast and one-half-mile visibility.
The thugs should be made to pay for the damage, by wages arrestments.
3, F-35C carrier variant (CV) jets had executed 59 successful catapult launches and three arrestments.
Dean Alberson, Assistant Agency Director at TTI stated that, "the Smith & Wesson Security Solutions Expeditionary Mobile Barrier system was tested over two days at our facility with multiple successful arrestments of different size vehicles.
The F-35C, designed for aircraft carrier operations, completed a landing at its maximum sink speed to test the aircraft's landing gear, airframe and arrestment system at Naval Air Station Patuxent River, Maryland.