ARRESTMENT in the law of Scot land is a process by which a creditor may attach money or moveable property which a third party holds for behoof of his debtor. It bears a general resemblance to foreign attachment by the custom of London. piTTACHMENT.] The person who uses it is called the arrestor; he in whose hands it is used is called the arrestee, and the debtor is called the common debtor. It is of two kinds, arrestment in execution and arrestment in security. The former can proceed only on the decree of a court, on a deed which contains a clause of regis tratioo for execution, or on one of those documents, such as bills of exchange and promissory notes, which by the practice of Scotland are placed in the same position as deeds having a clause of registration. Arrestment in security is generally an in cidental procedure in an action for the constitution of a debt; but it may be ob tained from the Bill Chamber of the Court of Session on cause shown, as a method of constituting a security for a debt not yet due. This latter class of arrestments is under the equitable control of the judge who issues it ; and it is a general prin ciple that it cannot be obtained unless the claimant show that circumstances have occurred which have a tendency to make his chance of payment less than it was at the time when he entered into the engage ment with his debtor. An arrestment
may be recalled on it being shown that it should not have been issued, and an ar restment in security may be " loosed " on the debtor finding security for the pay ment of his debt. An arrestment in exe cution expires on the lapse of three years from the date of its execution, and an ar restment in security, on the lapse of three years from the day when the debt becomes due. In the meantime, theperson in whose hands the process is used, is liable in damages if he part with the proper ty arrested, but it cannot be attached after be has parted with it, in the hands of a fide holder. The arrestment is made effectual for the payment of the debt by an action of Forthcoming, in which the com mon debtor is cited. It concludes for payment of the money if the arrestment be laid on money, or for their sale for behoof of the creditor if it be laid on other moveable goods. The arrestee may plead against the arrestor whatever defence he might have had against the common debtor. The authority of the local courts was enlarged in regard to arrestment5 and the process was generally regulated, by the 1 & 2 Vict. c. 114, The practice on this subject will be found in Darling's ' Powers and Duties of Messengers-at Arms.'