Poinding

In Scotch law

That diligence (g. V.) affecting movable subjects by which their property is carried directly to the creditor. Poinding is real or personal.

Ersk. Inst. 3. 6. 11. Personal.

Poinding of the goods belonging to the debtor, and of those goods only. It may have for its warrant either letters of horning, containing a clause for poinding, and then it is executed by messengers; or precepts of poinding, granted by sheriffs, commissaries, etc., which are executed by their proper officers. No cattle pertaining to the plough, nor instrument of tillage, can be poinded in the time of laboring or tilling the ground, unless where the debtor has no other goods they may be poinded.

Ersk. Inst. 3. 6. 11.

This process is somewhat similar to distress. Real. Poinding of the ground. Though it be properly a diligence, this is generally considered by lawyers as a species of real action, and is so called to distinguish it from personal poinding, which is founded merely on an obligation to pay. Every debitum fundi, whether legal or conventional, is a foundation for this action. It is therefore competent to all creditors in debts which make a real burden on lands. As it proceeds on a real right, it may be directed against all goods that can be found on the lands burdened; but goods brought upon the ground by strangers are not subject to this diligence. Even the goods of a tenant cannot be poinded for more than his term's rent.

Ersk. Inst. 4. 1. 3.