In
Scots law
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...
, poinding () is that
diligence
Diligence—carefulness and persistent effort or work—is listed as one of the seven Seven virtues#Seven capital virtues, capital virtues. It can be indicative of a work ethic, the belief that work is good in itself.
: "There is a perennial ...
whereby a debtor's property is carried directly to a creditor. This type of diligence has now been abolished after the enactment of the
Abolition of Poindings and Warrant Sales Act 2001
The Abolition of Poindings and Warrant Sales Act 2001 was an Act of the Scottish Parliament to abolish the previous practice in which a debtor's goods are priced (poinding) in preparation for the enforced sale of the debtor's possessions ( warran ...
.
There were two types of poinding:
*''Personal'' - The taking of
movable property
Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be m ...
(e.g., wagons, livestock; but not property such as a house because it is not movable) belonging to the debtor. Plough cattle and tillage instruments cannot be included in times of labour or tilling, unless the debtor has no other movable property to satisfy the debt. ''Personal poinding'' is founded merely on an obligation to pay, all else aside. A relatively low level of
diligence
Diligence—carefulness and persistent effort or work—is listed as one of the seven Seven virtues#Seven capital virtues, capital virtues. It can be indicative of a work ethic, the belief that work is good in itself.
: "There is a perennial ...
is sufficient to accomplish this (such as
letters of horning
Letters of horning ''(Scots law)'': a document (i.e., letters) issued by civil authorities that publicly denounce a person as an outlaw. The document was issued against persons who had not paid their debts.
Historically, the documents would be an ...
, or a warrant granted by a sheriff or commissary).
*''Real'' - The confiscation of non-movable property (such as land) and the movable property found on it. Every ''debitum fundi'' (a debt using land as
collateral) is a foundation for ''real poinding''. It cannot be used against movable property brought onto the land by a stranger, nor against the movable property of a
tenant for more than the value of the tenant's term rent. A relatively high level of
diligence
Diligence—carefulness and persistent effort or work—is listed as one of the seven Seven virtues#Seven capital virtues, capital virtues. It can be indicative of a work ethic, the belief that work is good in itself.
: "There is a perennial ...
is necessary to accomplish this.
See also
*
Multiplepoinding
In Scots law, multiplepoinding, (pronounced as if spelled multiple·pinnding) was a form of action by which conflicting claims to the same fund or property are determined.
The action is brought either by the holder or by a claimant in his name. ...
References
Scots law legal terminology
United Kingdom contract law
Scots civil law
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