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 ?
EMASMAX has provided a safe emergency arrestment for VP candidate Mike Pence and 47 other people onboard an Eastern Airlines Boeing 737 at LaGuardia Airport preventing a potentially catastrophic outcome, the company said.
Top lawyers are even having their money seized by court arrestment orders to pay debts.
The test featured 124 catapults, 222 touch-and-go landings, and 124 arrestments.
Immediate notice of illegal arrestments and extra-judicial murders of our workers should be takena[euro]| These incidents are matter of grave concern for every person who believes in humanity.
to support manned aircraft arrestments, which is the follow-on to dead-load testing at the JCTS.
The tailhook is then removed from the wire and the system is prepared for its next arrestment.
Last year alone, 101,000 bank arrestments were carried out.
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.
The thugs should be made to pay for the damage, by wages arrestments.
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.
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.