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ARRESTMENT

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Originally appearing in Volume V02, Page 647 of the 1911 Encyclopedia Britannica.
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ARRESTMENT , in Scots See also:

law, the See also:process by which a creditor detains the goods or effects of his debtor in the hands of third parties till the See also:debt due to him shall be paid. It is divided into two kinds: (1) Arrestment in See also:security, used when proceedings are commencing, or in other circumstances where a claim may become, but is not yet, enforceable; and (2) Arrestment in See also:execution, following on the See also:decree of a See also:court, or on a registered document, under a clause or statutory See also:power of See also:registration, according to the See also:custom of See also:Scotland. By the process of arrestment the See also:property covered is merely retained in See also:place; to realize it for the See also:satisfaction of the creditor's claim a further proceeding called " furthcoming " is necessary. By old practice, alimentary funds, i.e. those necessary for subsistence, were not liable to arrestment. By the See also:Wages Arrestment See also:Limitation (Scotland) See also:Act 189o, the wages of all labourers, See also:farm-servants, manufacturers, artificers and See also:work-See also:people are not arrestable except (I) in so far as they exceed 20S. per See also:week; but the expense of the arrestment is not to be charged against the debtor unless the sum recovered exceed the amount of the said expense; or (2) under decrees for alimentary allowances and payments, or for rates and taxes imposed by law.

End of Article: ARRESTMENT

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