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.

poynding. tion, or by way of

sc. Distress; a diligence, process of attachment.

The process of the law of Scotland which answers to the distress of the English law. Poinding is of three kinds: Real poinding, or poinding of the ground. This is the action by which a creditor, having a security on the land of his debtor, is enabled to appropriate the rents of the land, and the goods of the debtor or his tenants found thereon, to the satisfaction of the debt. Personal poinding. This consists in the seizure of the goods of the debtor, which are sold under the direction of a court of his debt; or, if no purchaser appears, the goods themselves are delivered. Poinding of stray cattle, committing depredations on com, grass, or plantations, until. satisfaction is made for the damage. Bell. This corresponds to the English process of distraining cattle damage feasant. Mozley Sr W.

in the Scotch law, is that diligence, affecting movable subjects, by which their property is carried directly to the creditor. Poinding is real or personal. Ersk. Pr. L. Scot. 3, 6, 11.