i When arrestment is to be used in the hands of a corpora tion, it must be done either at a regular meeting, or in the hands of the treasurer, or other officer, in whose mime the corporation is appointed to sue and be sued. If the debtor be abroad, the arrestment must be exe cuted edictally at the market cross of Edinburgh, and pier and shore of Leith ; and it must be intimated to his agent in this country. 33 Geo. III. c. 74. § 4.
If the arrestee shall pay the sum, or deliver the goods arrested to the common debtor, he is not only liable to a criminal prosecution, for breach of arrestment ; but he must likewise pay the debt again to the arrester. And in the case of arrestment executed at the market cross of Edinburgh, and pier and shore of Leith, against a per son abroad upon the public service, payment made by the arrestee, alter the date of the arrestment, makes him liable in second payment to the arrester.
Arrestment on a depending action may be loosed by the common debtor's giving security to the arrester for his debt, in the event that it shall be found due. Ar restment on decrees, or on registred obligations, can only be loosed on payment or consignment ; excepting, 1. Where the term of payment is not yet come, or the con dition has not yet existed. 2. Where the arrestment has
proceeded on a registred contract, in which the mutual obligations are not liquid. 3. Where the decree is sus pended, or turned into a libel.
The competition between arrestments is governed by their respective dates, according to the priority, even of hours, when it can be ascertained with any degree of certainty. All arrestments, however, used within 60 days preceding the period of bankruptcy, or within four ca lendar months thereafter, arc preferred pari fiassu, as if they had been used of the same date. The competition of arrestments with assignations is also regulated by their priority. If the assignation be intimated before arrest ment, the assignation is preferred ; but if not intima ted till after, though granted before the arrestment, the arrestment is preferable. If the intimation and arrestment are of equal date, they are preferred nari futssu.
Arrestment is considered merely as a begun diligence, and it must be perfected by an action of furthcoming. (See Foam comixG.) And arrestments are lost by the lapse of five years, if no step be taken to make the ar rested effects furthcoming. See Ersk. Inst. B. III. T.
VI. Bell's Diet. of the Law of Scotland, ARREST MENT. (r)