Act 1873, s. 25 (8).

_Attachment._--A judgment creditor may "attach" debts due by third parties to his debtor by what are known as garnishee proceedings. Stock and shares belonging to a judgment debtor may be charged by a charging order, so as, in the first instance, to prevent transfer of the stock or payment of the dividends, and ultimately to enable the judgment creditor to realise his charge. A writ of attachment of the person of a defaulting debtor or party may be obtained in a variety of cases akin to contempt (e.g. against a person failing to comply with an order to answer interrogatories, or against a solicitor not entering an appearance in an action, in breach of his written undertaking to do so), and in the cases where imprisonment for debt is still preserved by the Debtors Act 1869 (R.S.C., O. xliv.). CONTEMPT OF COURT (q.v.) in its ordinary forms is also punishable by summary committal.

_County Courts._--In the county courts the chief modes of execution are "warrant of execution in the nature of a writ of _fieri facias_"; garnishee proceedings; equitable execution; warrants of possession and delivery, corresponding to the writs of possession and delivery above mentioned; committal, where a judgment debtor has, or, since the date of the judgment has had, means to pay his debt; and attachment of the person for contempt of court. If the judgment debtor assaults the bailiff or his officer or rescues the goods, he is liable to a fine not exceeding L5.

SCOTLAND.--The principal modes of execution or "diligence" in Scots law are (i.) Arrestment and furthcoming, which corresponds to the English garnishee proceedings; (ii.) arrestment _jurisdictionis fundandae causa_, i.e. the seizure of movables within the jurisdiction to found jurisdiction against their owner, being a foreigner; this precedure, which is not, however, strictly a "diligence," as it does not bind the goods, is analogous to the French _saisie-arret_, and to the obsolete practice in the mayor's court of London known as "foreign attachment" (see Glyn and Jackson, _Mayor's Court Practice_, 2nd ed., vii. 260); (iii.) arrestment under _meditatione fugae_ warrant, corresponding to the old English writ of _ne exeat regno_, and applicable in the case of a debtor who intends to leave Scotland to evade an action; (iv.) arrestment on dependence, i.e. of funds in security; (v.) poinding, i.e. valuation and sale of the debtor's goods; (vi.) sequestration, e.g. of tenant's effects under a landlord's hypothec for rent; (vii.) action of adjudication, by which a debtor's "heritable" (i.e. real) estate is transferred to his judgment creditor in satisfaction of his debt or security therefor. In Scots law "multiplepoinding" is the equivalent of "interpleader."

IRELAND.--The law of execution in Ireland (see R.S.C., 1905, Orders xli.-xlviii.) is practically the same as in England.

BRITISH POSSESSIONS.--The Judicature Acts of most of the Colonies have also adopted English Law. Parts of the French _Code de procedure civile_ are still in force in Mauritius. But its provisions have been modified by local enactment (No. 19 of 1868) as regards realty, and the rules of the Supreme Court 1903 have introduced the English forms of writs. Quebec and St Lucia, where French law formerly prevailed, have now their own codes of Civil Procedure. The law of execution under the Quebec Code resembles the French, that under the St Lucia Code the English system. In British Guiana and Ceylon, in which Roman Dutch law in one form or another prevailed, the English law of execution has now in substance been adopted (British Guiana Rules of Court, 1900, Order xxxvi.)., Ceylon (Code of Civil Procedure, No. 2 of 1889); the modes of execution in the South African Colonies are also the subject of local enactment, largely influenced by English law (cf. the Sheriffs' Ordinance, 1902, No. 9 of 1902), (Orange River Colony) and (Proclamation 17 of 1902), Transvaal (Nathan, _Common Law of South Africa_, vol. iv. p. 2206); and generally, Van Zyl, _Judicial Practice of South Africa_, pp. 198 et seq.

UNITED STATES.--Execution in the United States is founded upon English law, which it closely resembles. Substantially the same forms of execution are in force. The provisions of the Statute of Frauds making the lien of execution attach only on delivery to the sheriff were generally adopted in America, and are still law in many of the states. The law as to the rights and duties of sheriffs is substantially the same as in England. The "homestead laws" (q.v.) which are in force in nearly all the American States exempt a certain amount or value of real estate occupied by a debtor as his homestead from a forced sale for the payment of his debts. This homestead legislation has been copied in some British colonies, e.g. Western Australia (No. 37 of 1898, Pt. viii.), Quebec (Rev. Stats., ss. 1743-1748), Manitoba (Rev. Stats., 1902, c. 58, s. 29, c. 21, s. 9), Ontario (Rev. Stats., 1897, c. 29), British Columbia (Rev. Stats., 1897, c. 93), New South Wales (Crown Lands Act 1895, Pt. iii.), New Zealand (Family Homes Protection