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clelivery of them; for ~s th~y ~re pay~ble to the bearcr,
their property mun par, with lheir polfe/lion. 3. Adju .
dication, which is a judiCIal conveyance, and mmiage,
which is a legal one, carry the full right of the fubjelh
Iher~by conveyed. withoUI intimation: ne.erthelcrs, as
Ihere il nothing in Ihefe conveyancn which can of them·
{elvel put Ihe dehtor in malaId., he is thererorc in lul.
topay to the wire, or 10 the original credilor in the debt
adjudged. lill lhe marriage or adjudiw ion be nOlified tO
him. Alr.gnments of moveable fubjells, Ihough Ihey be
intimated, iflhey are made relMla PnffiJliM', (lhecedenl
relaioing lhe polfe/lion), cannol hurt lhe cedcm's cre·
dilors; for fuch rights are prefumed, io all queUions Wilh
credilors, 10 be collufive, aod granled in lrUn for lhe ce·
dent himfelf.
5. An a/ligrtation cmies to the af1i¡;ney the whole righl
of Ihe fubjell con.eyed, as it w;u in the ceJent; and con·
fequ l.Dtly, he may ufe diligence, either in his cedenl',
Dame while he is alive, or in his OWO.
6. After ao a/lignalion is iotimaled, the debtor caonot
prove payment, or compenfaríon, by the Odth of the ce·
dent, who has 00 longer any interefl in the debl ; unlefs
thematter has been made litigious by an allion commenced
prior to the intimation: \lul the debtor may re~er to the
oath of the affigney, who il in the right of the debt, that
the affignroent was gratuitOus, or in trun for Ihe cedent;
tither 01' which being proved, the oath of the cedenl will
affell the affigney. If th~ affignation be in part onerous,
aod in pUl gralujtous, the cedent's oath is good againll
the affigney. only in fofar as his righl is graluilo~S. AII
defences compeleot againn the original creditor in amo·
veable debt, which can be otherwife than by his
nath, contioue relevant againn an ooereus affigney i
whofe righl can be no better than tbat of his amhor, and
mufl therefore remaioaffelled with alllhe burdeos which
attended it in the aUlhor's perfoo.
Tit. Z5. 01 Amj/ment¡ and PoilldilZg¡.
T HE diligences, whereby a credilor may arrell his
de~lor's moveable fubj ells, are meUmenl and poinding.
By arrdlment is fometimes meant the fecuring of a cri·
minal's perfon till trial; bot as it is underflood in the ru·
bric of this title, it is the order of a judge, by which he
who is dehlor in a moveable obligation to the arrefler's
deblor. is prohibited to make paymenl or delivery till
lhe debt due tO the arrener be paid or fecured. The aro
refl,,'s deblOr is ufually called Ihe COOl010n debtor; be–
caufe, wh. re the,e are two or more compeling credilors,
he is deblor to all of lhem. The perfon in whofe hands
Ihe diligence is ufed, is Oyled the m eflee.
2. ArreOment may be laid on by the aUlhority eilher
of the fupreme court, or of an inferiorjudge. In Ihe fi rn
cafe, it proceeds eilher upon fpecial lcuers of arrellmeol,
or on a warranl containtd in Imm of horning; and it
",ufl be eKeculed by a meffenger The warrants grant·
ed by inferior jun¡;es are calltd PI ecepts of arreflmenl,
2nd they are executed by Ihe oflicer proper ro the COUII.
Wh«e theo.blllr 10 the common debtoris apilpil, arreO·
1I1fnl is prnperly ufed in Ihe hands of lhe tUlOr, as Ihe
l'upil'.s admlOinrator : This dollrioc may perhafl eXlcod
lO 'olher general adminillralors, as commillioner, 6~;
But arreOment, ured in th~ hands of afallor or neward,
cannot found a..3ion of fonhcomlng without calhng the
conlbluent. Where the debtor 10 the common debtor i.
a corpuralioD, ",dlment nluO be ufed in lhe hands of
the d"eaors Clr Ifeafurer, who reprefent the whole body.
Arrdbneot, when il is ufed in the hands of the deblor
himfelf, is inept ; for thu diligeoce ji iotended only aa ¡
rdlrainl upon third pani.s.
3 AII debls, in which one i, perfonally bound, though
Ihey !hould be heritably fecured. are grounds upon whic"
the credilor may arren lhe mo.eable eflale belonging tO
his debtor. Arref!ment may proceed OD a debl. the ttrm
of paymenl whereof i, nOl yet come, in cafe the debtor
be wrgm ad inopiam. If a debl be not yet conUituted
by decree or regillration, Ihe creditor may raife and exe·
cute a fummons againn his deblor for parmenl, on which
pendjng all,oo amnment ma, be ufed, io t)le f.roe man–
ner as iDhibition, which is called arreflment upon a de–
pendence. If one's ground of credil be for Ihe .perform–
ance of a , or if his depending procefs be merely de~
claralory, WilhoUl a conduGoo of paymenl or delivery,
fuch c1aims are not admiúed 10 be fuflicienl groun(\¡ for
arrenment.
4. Moveable debll are the proper fubjell of arren·
menl; under which are comprehended condilional debls,
and eveo depending c1aims. For leffening the expeoce of
diligence to creditors, all bonds which have not beeo made
properly heritable by feifi n are declared arrenable. But
this does not eXlend to adjudications, wadfets, or other
perfonal righll of lands, which are not properly debll.
Cenain moveable debu are nol arrenable. t. Debrs
due by bill, which paf, from hand tO hand as bags ¿f
mooey. 2. Future debls; for ¡hough inhibilion extends
to adquirmda as well as adquijila, yel amnmeot is Ií·
mited, by jts Wlrrant, to the debl due at Ihe time of
ferving it againn the arrenee. Hence, an arreflment of
rents or interen carries only thofe tbathave already either
fallen due. or al leafl become currenl. Claims, dependo
ing on lhe ilfoe of a fuil. are nOI confidmd as fOlure
dcblS; for the fenrence, when pronounced, has a relro–
fpell to the period at which Ihe c1aim was 6rfl founded.
He like dollrine bolds in conditional debts. 3. Ali·
menlary debls are not arrenal.e; ·for thefe are granted
on perfonal conGderations, and fo are oot commuoicable
10 cr~ilors ; but Ihe paO inleren 'due upon fuch debt ruay
be amUed by the perfon who has lurnilhed thealimony.
One'cannot fecure his own efl',lls to himfelf for his maín–
tenance, fo as they 0,,11 not be a&'dlable by his creditors.
Salaries annexed to oflices gramed by the kin2, aod par·
licularly thofe granted to Ihe judges of the Sdlion, and
the fees of le<vants, are conGdered as alimenlary funds;
but Ihe furplus fee, over and above what is neceffary for
lhe fervant's perfonal ufes, maybearrelled.
5. If, in conlempl of Ihe amflmenl, Ihe arrenee !hall
m~ke paymenl of lhe fum. o, deliver the goods arrefled,
10the commondebtor, ht is not only liable criminally for
breach of arre/lmenl, but he mun pay lhe debt again to
Ihe mefler. ArrcOmenl is not merely prohibitoty, as
inhibilions are; but is a nep of diligence which fOUDd~
the ufcr in a fubfequenl allion, whercby the propcrty of
lbe