Home >> Encyclopedia-britannica-volume-2-annu-baltic >> Armagnac to Artemisia_3 >> Arrestment

Arrestment

Loading


ARRESTMENT, in Scots law, the process by which a cred itor detains the goods or effects of his debtor in the hands of third parties till the debt due to him shall be paid. It is divided into two kinds: (I) Arrestment in security, used when proceed ings are commencing, or in other circumstances where a claim may become, but is not yet, enforceable; and (2) Arrestment in execution, following on the decree of a court, or on a registered document, under a clause or statutory power of registration, according to the custom of Scotland. By the process of arrest ment the property covered is merely retained in place; to realize it for the satisfaction of the creditor's claim a further proceed ing called "furthcoming" is necessary. By old practice, alimen tary funds, i.e., those necessary for subsistence, were not liable to arrestment. By the Wages Arrestment Limitation (Scotland) Act, 187o, as amended by the Small Debt (Scotland) Act, 1924, the wages of all labourers, farm-servants, manufacturers, artif icers, and work-people are not arrestable except (I) in so far as they exceed 35 shillings per week; but the expense of the arrest ment 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.

scotland and wages