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 arrestment campaign included the following journalists: Ahmad Mohammad Halayka, Tareq Abu Zeyd, Quttaiba Saleh Qasem, Mamdouh Mahmoud Hamamreh and Amer Abdulhakim Abu Arafa.
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NNA - 15/10/2012 - Mufti of the Lebanese Republic, Sheikh Muhammad Rachid Qabbani, received on Monday at the Dar Fatwa a delegation of the Muslim Scholars Gathering headed by Sheikh Ahmad Darwish Al-Kurdi, who affirmed his refusal of any arrestment against any Muslim scholar.
The crew executed the approach end arrestment checklist and successfully engaged the cable, safely recovering a $54M combat asset.
Sheriff officer Dale Barrett warned Hunt: "If you do not pay this within 28 days you are liable to have further action taken against you, including arrestment of your earnings, and auction of articles belonging to you.
Sheriff officer Dale Barrett warned Hunt: "If you do not pay this sum within 28 days you are liable to have further action taken against you, including arrestment of your earnings and auction of articles belonging to you.
A in Sarajevo where he arrived in after a British court rejected his extradition to Serbia, Ganic said that his arrestment in London five months ago was an insult, adding that he felt as if Bosnia was arrested too.
Muhammad Omar, Kunduz governor confirmed the arrestment of secretary but said it is not yet clear whether he was involved in embezzlement or not.
The arrestment of the 747 marked the third instance in the US in which an EMAS has successfully arrested an aircraft in an overrun emergency.
3 microns and can be equipped with a High Efficiency Particle Arrestment filter.
Intensive caretaking hospitably monitored arrestment authority's side-effectiveness counterindicating pettily self-administered proactive mendications.