THE ENCYCLOPÆDIA BRITANNICA

A DICTIONARY OF ARTS, SCIENCES, LITERATURE AND GENERAL INFORMATION

ELEVENTH EDITION 1911

History of the Universe eBook. 398 pages, 300 illustrations only $2.99




ARRESTMENT, in Scots law, the process by which a creditor 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: (1) Arrestment in security, used when proceedings 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 arrestment the property covered is merely retained in place; to realize it for the 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 Wages Arrestment Limitation (Scotland) Act 1870, the wages of all labourers, farm-servants, manufacturers, artificers and work-people are not arrestable except (1) in so far as they exceed 20s. per 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.
Transcriber's note: A few typographical errors have been corrected. They appear in the text like this, and the explanation will appear when the mouse pointer is moved over the marked passage. Sections in Greek will yield a transliteration when the pointer is moved over them, and words using diacritic characters in the Latin Extended Additional block, which may not display in some fonts or browsers, will display an unaccented version.

Links to other EB articles: Links to articles residing in other EB volumes will be made available when the respective volumes are introduced online.
   "A well-rounded treatment of a vast body of facts" only $2.99
History of the Universe eBook

GoDaddy - World's #1 Domain Registrar