Definition
FORTHCOMING carries two distinct legal meanings, one procedural (Scots law) and one doctrinal (Anglo-American property and execution practice):
1. Action of Forthcoming (Scots law). A judicial proceeding by which an arrestment — the Scots law equivalent of garnishment or attachment — is made effectual. Once a creditor has arrested funds or property in the hands of a third party (the arrestee), the arrestment alone does not transfer those assets. The action of forthcoming is the follow-on decree that compels the arrestee and the common debtor to appear before the court and directs that the arrested sum be paid over, or the arrested goods delivered, to the arresting creditor. Without it, an arrestment is incomplete; it preserves but does not realize.
2. Forthcoming Bond (Anglo-American execution practice). A bond given to a sheriff or other levying officer who has seized property under a writ of fieri facias or distress warrant. The debtor (or a surety) gives bond conditioned on producing — making forthcoming — the levied property at the time and place required for sale or other disposition. The practical effect is that the goods remain in the debtor's possession rather than being physically removed by the officer, with the bond standing as security for their availability when demanded. If the debtor fails to produce the property as promised, the bond is forfeit.
Common Language
Modern common usage (Wiktionary): Present participle and gerund of "forthcome"; in general use, "forthcoming" means about to appear, available, or cooperative.
Historical common usage (Webster's 1913): "Ready or about to appear; making appearance."
The common adjective captures only half the legal idea. In bond practice, "forthcoming" describes not something about to appear spontaneously, but something contractually guaranteed to appear on demand. The legal term imposes an obligation; the common term merely describes a state. Researchers who read "forthcoming bond" through a lay lens may underestimate its compulsory character and the consequences of non-production.
Common Confusion
The action of forthcoming (Scots) is sometimes loosely equated with the arrestment itself. They are distinct steps: arrestment freezes; forthcoming realizes. Conflating them produces error in historical Scots law research, particularly when sources describe a creditor's position as secured without specifying whether the action of forthcoming has yet been raised. A creditor with only an arrestment has a hold, not a recovery.
Why It Matters in Research
Researchers face two separate navigational challenges with this term, one jurisdictional and one doctrinal.
For Scots law sources: The action of forthcoming is a term of art that appears throughout historical Scottish and mixed-jurisdiction treatises. It is structurally analogous to but not identical with English garnishment proceedings or American post-judgment collection. When reading 18th- and 19th-century Scots materials, Bell's Dictionary and Kames's Equity are the standard secondary anchors. Sources written for English or American audiences frequently omit or compress the forthcoming step, creating gaps in their accounts of Scots debt recovery.
For Anglo-American bond practice: The forthcoming bond appears extensively in 19th-century American case law arising from sheriffs' levies, particularly in Virginia and Georgia reporters (the source materials cited in the historical dictionaries). It is a creature of execution procedure and is closely tied to the law of sheriffs' duties, surety liability, and fieri facias. Researchers working in this area should expect the term to appear in state-specific procedural codes and older equity practice materials rather than in modern sources, where the device has largely been absorbed into or replaced by modern judgment enforcement statutes. The term may not appear in contemporary legal indexes under this heading; search instead under execution bonds, replevin bonds, or delivery bonds depending on jurisdiction and era.
In both contexts, the word "forthcoming" in a legal instrument or pleading is a signal word indicating a conditional obligation of production — not merely a prediction that something will appear.
Historical Dictionary Support
The historical dictionaries are in close agreement on both meanings. Black's (1st and 2nd editions) and Bouvier's cover the Scots law action in nearly identical terms, all tracing to Bell's Dictionary and Kames's Equity as primary authorities. Bouvier adds useful procedural texture — specifying that both the arrestee and the common debtor are called before the judge — which Black's omits. Anderson's covers both the bond usage and bail usage in a single compact entry, noting that the term also applies to a person released on bail who is required to be forthcoming when required. This bail usage is the most abbreviated in all sources and deserves attention: it suggests a historical third application of the term (personal forthcoming, not just property forthcoming) that is underrepresented in modern treatments. No source adequately addresses how forthcoming bond practice varied across American states or how it evolved as execution statutes were codified in the late 19th century.
Jurisdictional Note
The action of forthcoming is specific to Scots law and does not translate directly to English, Welsh, or Commonwealth jurisdictions that lack the arrestment mechanism. The forthcoming bond as an execution device was widely used in 19th-century American practice but has been substantially displaced by modern judgment enforcement codes; its continued relevance varies considerably by state.