ARRESTMENT, in Scottish Law, denotes that 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,—I si, Arrestment in security, used when proceedings are commencing, or in other circumstances where a claim may become, but is not yet, enforceable; and 2J, 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 by it is merely retained in its place; to realise it for the satisfaction of the creditor’s claim a farther proceeding called “Forthcoming” is necessary. By old practice, alimentary funds, or those necessary for subsistence, were not liable to arrestment. By 33 and 34 Vict. c. 63, the wages of all labourers, farmservants, manufacturers, artificers, and work-people, are not arrestable except (1) in so far as thφ 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.
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