ARRESTMENT, in the law of Scotland, is applied either to persons, or to things.
In the former case, it may denote the securing of a criminal, until he undergo trial, or give bail. In cer tain special cases, a judge may arrest or secure the per sons of such as have neither domicile nor estate within his territotv, even for civil debts. Thus, on the border between Scotland and England, warrants are granted of course by the judge ordinary of either side, against debtors IvIniphave their residence on the opposite side, for arresting, not only their effects, but their persons also, until they give security judicio sisti. Even the per sons of citizens or natives may be so secured, where there is good reason for suspecting that they are in me ditatione fugx, i, e. that they mean to withdraw them selves from the kingdom, and so disappoint their credi tors. This suspicion the creditor applying for the warrant must declare upon oath ; but he will be liable in damages, should the circumstances, which he offers to prove in support of his suspicion, appear insufficient to justify the imprisonment.
An inhabitant of a borough-royal, who has furnished one who lives without the borough with meat, clothes, or other merchandise, having no security for the debt tut his own compt-book, may arrest his debtor, until he give security judicio sioti, in consequence of a special privilege conferred upon boroughs-royal, by the act 1672, c. 8. But this arrestment shall not be allowed to an assignee, nor in cases where security has been taken for payment of the debts.
Arrestment, when applied to things, is a mode of dili gence by which a creditor may attach the moveable estate of his debtor ; or, it is the order of a judge, by which he who is debtor in a moveable obligation to the arrester's debtor is prohibited to make payment or de livery, until the debt due to the arrester be paid or se cured. The arrester's debtor is usually called the com mon debtor ; because, where there are two or more competing creditors, he is debtor to all of them. The person in whose hands the diligence is used, is styled the arrestee.
Arrestment may be laid on by authority, either of the supreme court, or of an inferior judge. In the former
case, it proceeds, either upon special letters of arrest ment, in the king's name, passing the signet, and pre pared by a writer to the signet, or upon a warrant con tained in letters of horning : and it must be executed by a messenger at arms. NVarrants granted by inferior judges are called precepts of arrestment, and are execu ted by the officer of the court.
All debts containing a personal obligation, even al though heritably secured, are grounds for arresting the moveable estate of the debtor ; and arrestment may even proceed upon a debt, of which the term of payment is not yet come, in cases where the debtor is vergens ad Arrestment may likewise proceed upon a de pending action, when the creditor executes a summons against his debtor, for payment of a debt not yet constitu ted by decree or registration.
Moveable debts constitute the proper subject of arrest ment ; and all bonds, which have not been made properly heritable by seisin, are declared arrestable by 1644, c. 41. revived by 1661, c. 51. But there are certain movea ble debts which are not subject to arrestmcnt. 1. Debts due by bill. 2. Future debts. Hence an arrestment of rents or interests carries only those that have already fallen due, or at least become current, at the time of arrestment. 3. Alimentary debts ; among which arc included the salaries granted by the crown, and the fees of servants, in so far as they amount to a reasonable allowance for the maintenance of the person who fills the office. But this rule is subject to some modifica tions ; for ministers' stipends and other salaries have been found to be arrestable.
When the arrestee is a pupil, the arrestment must be used in the hands of his tutor ; if past pupillarity, it may be used either in his own wands, or in tne hands of his curators. If the debtor have executed a trust, the arrestment may be used in the hands of his trustees. If the debtor be a company, the an-estmqnt must be used in the hands of the parniers at their counting-house or mare-room, or at their respective dwelling houses.