ATT 



(31 



ATT 



Attach, 

 nient. 



In case the defendant neglects to appear, the at- 

 tachment is followed up by a writ of distringas, or 

 distress infinite; and, in certain cases, a capias issues 

 against the defendant's person. See Distress and 

 Capias. 



/ ign attachment, is an attachment of the goods 

 of foreigners, found within some liberty, for the sa- 

 tisfaction of their creditors residing within such li- 

 berty. 



By the custom of some places, as London, &c. a 

 man may attach money or goods in the hands of a 

 stranger. But no foreign attachment can be had, 

 while a suit is depending in any of the courts at West- 

 minster. And no attachment can be had, but for a 

 certain and due debt ; although, by the custom of 

 London, money may be attached before the term of 

 payment, but not levied until due. 



Foreign attachments in London, upon plaints of 

 debt, are made in the following manner : A. owes 

 B. 100; and C. is debtor to A. in the like sum. 

 B. enters an action against A. for 100; and by 

 virtue of that action, a Serjeant attaches 100 in the 

 hands of C. .as the money of A. to the use of B. 

 which is returned upon that action. 



After the attachment has been made and returned 

 by the Serjeant, the plaintiff must fee an attorney, 

 before the next court holden for the Compter; or 

 the defendant may then put in bail to the attachment, 

 and non-suit the plaintiff. Four court-days must 

 elapse, before the plaintiff can call upon C. the gar~ 

 >iishee, to shew cause why B. should not condemn 

 the 100 attached in the hands of Q. as the money 

 of A. the defendant. And the garnishee may appear 

 by his attorney, and plead that he hath no money of 

 the defendant's in his hands, or other special matter. 

 But the plaintiff may hinder his waging of law, by 

 producing two sufficient citizens to 6wear that the 

 garnishee had either money or goods belonging to A. 

 in his hands, at the time of the attachment ; of which 

 affidavit must be made before the Lord Mayor, and 

 when filed, may be pleaded by way of estoppel. 



If the garnishee neglects to appear by his at- 

 torney, after being warned by the officer, he is taken 

 by default, for want of appearing, and judgment 

 given against him ; for which he hire no remedy either 

 at common law or in equity. But if the garnishee 

 does appear and plead, the matter will then be tried 

 by a jury, and judgment awarded, &c. 



After trial, bail may still be put in, whereby the 

 attachment shall be dissolved ; but the garnishee and 

 his security.shall then be liable for whatever sum the 

 plaintiff shall make out to be due upon the action. 

 An attachment is never thoroughly perfected, until 

 there is a bail and satisfaction upon record. 



Attachment of privilege, is where a person, by vir- 

 tue of his privilege, calls another into that court to 

 which he himself belongs, there to answer some ac- 

 tion. Or, it signifies the power of attaching a man 

 in'a place privileged. 



Corporation-courts have sometimes the privilege, 

 by charter, of issuing attachments; and some baron- 

 courts issue attachments of debt. 



Attachments, court of, Wood-mote, or forty-day's 

 court, is one of the Jbrest-courts, instituted for the 

 purpose of enquiring into all offenders against vert 



ami venison. See COURTS of Forest. Blackst. Com- 

 ment. Jacob's Law Diet. (z) 



ATTACK. See Military Tactics. 



ATTAINDER, in law, is the immediate and in- 

 separable consequence of a sentence of death. When 

 this highest judgment known in the laws of England 

 is pronounced, a mark of infamy is thereby set upon 

 the criminal ; he is t he nceforth put out of the pro- 

 tection of the law, which now takes no farther no- 

 tice of him, than merely to see him executed. He is 

 lid to be attaint, (altinclus, stained or black- 

 ened). 



There is a wide difference between conviction and 

 attainder! A man is convicted, when he is found 

 guilty by verdict, or confession, before judgment had : 

 but there is still, in the contemplation of the law, a 

 possibility of his innocence. Something may be of- 

 fered in arrest of judgment ; the indictment may be 

 erroneous ; he may obtain a pardon, or be allowed 

 the benefit of clergy ; both of which plead in exte- 

 nuation of his offence. But upon judgment given, 

 both law and fact conspire to prove him completely 

 guilty ; and there is no longer a possibility of any 

 thing being said in his favour. 



A person may be attainted on appearance, or by 

 process. Attainder on appearance is by confession, 

 or verdict, &c. Attainder by process is when a 

 criminal flics, and cannot be found; when after be- 

 ing five times proclaimed in the county, he is at 

 length outlawed upon this default. 



A person may likewise be attainted by act of par- 

 liament. Acts of attainder have been passed in seve- 

 ral reigns, since the attainder- of persons guilty of 

 the murder of Charles I. in the reign of Charles II., 

 down to the present times. In passing bills of at- 

 tainder no evidence is required. 



Attainders may be reversed or falsified by writ of 

 error, or by plea. In the former case, it must be by 

 the king's leave : in the latter, by denying the trea- 

 son, pleading a pardon by act of parliament, &c. 



The consequences of attainder are Forfeiture, 

 and Corruption of Blood. See Blackst. Comment. 

 b. iv. ch. 29. Jacob's Law Diet, (z) 



ATTAINT, Writ of, is a writ which lies to en- 

 quire, whether a jury of twelve men have given a false 

 verdict, in any court of record; in order that the 

 judgment following upon that verdict may be rever- 

 sed. It is so called, because the party who obtains 

 it, thereby endeavours to stain or taint the credit of 

 the jury, in consequence of whose verdict he feels 

 himself aggrieved. This writ must be sued out in 

 the lifetime of him in whose favour the verdict was 

 given, and of, at least, two of the jurors who gave it. 



At common law, this writ originally lay only upon 

 verdicts in actions for such 2>ersonal injuries as did 

 not amount to trespass ; because, in real wrongs, the 

 party aggrieved had redress by writ of right. And 

 it did not lie in the action of trespass, for this sin- 



fular reason : that if the verdict were set aside, the 

 ing would lose his fine. But by stat. Westm. 1. 

 IS Edw. I. c. 38, it was given in all pleas of land, 

 franchise, or freehold ; and by several subsequent 

 Statutes, in the reign of Edward III. and his grand- 

 son, it was allowed in almost every action, except in 

 a writ of right. 



Attack 



Attaint. 



