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 team hit another milestone April 17 with the first barricade arrestment of an F/A-18E Super Hornet, which weighed about 44,000 pounds and hit the barricade traveling at more than 112 knots.
The arrestment campaign included the following journalists: Ahmad Mohammad Halayka, Tareq Abu Zeyd, Quttaiba Saleh Qasem, Mamdouh Mahmoud Hamamreh and Amer Abdulhakim Abu Arafa.
The company said the difficult landing in challenging weather conditions averted a potential disaster, extending EMASMAX safety record to 11 out of 11 successful arrestments.
Frassoni made some explanation on the arrestment of journalists stating that they were discussing a few years ago about the role of Turkey in Europe and now we are talking about war and repression.
The company, 802 Works Ltd, were granted an arrestment warrant by a sheriff on December 31.
NAS Fallon lay beyond one last ridgeline as I set up for an arrestment. The jet kept flying and I was able to make a successful arrestment.
ISLAMABAD -- Islamabad police calming arrestment of 55 Afghan national while case have been registered against only in the name of 14 under Foreigner Act.
Arrestment of Syed Hassan Murtaza has spread worryness in his family while high authorities of police are unaware from this development.
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.
Speaking to A.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.