poinding


Also found in: Dictionary.

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 ?
But then the federation bought a Transit van with seats and I used that all the time to take people to poindings and warrant sales.
Without her support, the Abolition of Poindings and Warrant Sales Bill might never have been passed.
At the end of that year, his members' bill to abolish warrant sales and poindings got through the parliament.
Mr Allison claimed he knew nothing about the poinding or warrant sale.
An action of multiple poinding at court may be required.
What usually happens in such a case where there is any dispute over ownership, is that the property is held until a sheriff decides in a multiple poinding action.
Unless they change their mind, more court time will be wasted in an action of multiple poinding, and a sheriff will rule on who gets the gold.
The Rab C Nesbitt actor went berserk after officers went to his house to carry out a warrant sale poinding last March.
Much anti-poll tax activism focused on preventing these poindings - and no warrant sales were ever carried out.
It was difficult for me to take but she was determined to resist poindings and warrant sales, whatever it meant.
But Ms Curran said: "Can I make it absolutely clear to the Parliament and to Scotland that these plans are not the same as poindings and warrant sales.
News of attempted poindings by parasitical sheriff officers dispatched by spineless councillors brought hundreds to the streets.