ATT 



truftcd to their diftribiition ; or by difoheyi'ng the king's 

 writs iffuing out of the fuperior co\irts, by proceeding in 

 a caufc after it is put a flop to or removed by writ of pro- 

 hibition, certiorari, error, fuperfedeas, or the hice. 2. Thofc 

 committed by (heriffs, bailiffs, gaolers, and other officers 

 of the court, by abufing the procefs of the law, or deceiving 

 the parties, bv any acts of oppreffion, extortion, collufive 

 behaviour, or culpable negleft of duty. 3. Thofe com- 

 mitted by attorneys and folicitors, who are alfo officers of 

 the refpettive courts, by grofs inflances of fraud and cor- 

 ruption, injulHce to their clients, or other difhoneft prac- 

 tice. 4. Thofe committed by jurymen in collateral mat- 

 ters relating to the dilcharge of their office ; fuch as mak- 

 ing default when fummoned, refiifing to be fworn, or to 

 give any verdidt, eating or drinking without the leave of 

 the court, and efpecially at the coil of either party ; and 

 other iiTegularities of a fimilar kind ; but not in the mere 

 exercife of their judicial capacities, as bv giving a falfe or 

 erroneous verditt. 5. Thofe committed by witnelTes ; by 

 making default when fummoned, refufing to be fworn or 

 examined, or prevaricating in their evidence when fworn. 



6. Thofe committed by parties to any fuit or proceeding 

 before the court ; as by difobedience to any rule or order 

 Tiiade in the progrefs of a caufe ; by non-payment of cods 

 awarded by the court upon a motion ; or bv non-obfervance 

 of awards duly made by arbitrators and umpires, after hav- 

 ing entered into a rule tor fubmitting to fuch detennination. 



7. Thofe committed by any other perfon under the degree 

 of a peer ; and even by peers themfelves, when enormous 

 tmd accompanied wtth violence, fuch as forcible rcfcous,and 

 the like ; or when they import a difobedience to the king's 

 -great prerogative writs of prohibition, habeas corpus, and 

 the reft. 



Some of thefe conteinpts may arife in the face of the 

 TConrt; as by rude and contumelious "behaviour ; by obfti- 

 ■nacy, perverfenefs, and prevarication ; bv breaking the 

 ■peace, or any wilful difturbance whatever : others, in the 

 abfence of the party.; as by difobeying, or treating with 

 difrepcft, the king's writ, or. the rules or procefs of the 

 court ; by perverting fuch writ to the purpofes of private 

 malice, extortion, or injuftice; by fpeaking or writing con- 

 lemptuonfly of the court, or judges acting in their judicial 

 capacity ; by printing falfe accounts (or even true ones, 

 without proper permiffion) of caules then depending in 

 judgment ; and by any thing, in (hort, that demonftrates a 

 grofs want of that regard and refpeft, which, when once 

 courts are deprived of, degrade and deftroy their authority 

 among the people. The procefs of attachment for thefe 

 and limilar contempts mu!l neceflarily be as ancient as the 

 laws themfelves ; for laws, without a competent authority 

 to fecure their adminiftration from difobedience and con- 

 tempt, would be vain and nugatory. This has accordingly 

 been exercifed as early as the annals of our law extend. 



If the contempt be committed in the face of the court, 

 the offender may be inftantly apprehended and imprifoned, 

 at the difcretion of the judges, without any further proof 

 or examination. But in matters at a diftance, and of which 

 the court cannot have fo perfeft a knowledge, unlefs by the 

 confeffion of the party, or the tellimony of others, if the 

 judges upon affidavit fee fufficient ground to fufpeft that a 

 contempt has been committed, they either make a rule on 

 the fufpefted party to (liew caufe why an attachment 

 (hould not iffue againft him ; or in very flagrant inftances of 

 contempt, the attachment iffues in the firll inftance ; as it 

 alfo does, if no fufficient caufe be (liewn to difcharge, and 

 therefore the court confirms and makes abfolute the original 

 rule. This procefs of attachment is merely intended to 



ATT 



bring the party into court ; and, when there, he muft either 

 fland committed, or put in bail, in order to anfvver upon 

 oath to fuch interrogatories as fliall be adniiniftcred to him, 

 for the better information of the court with refpeft to the 

 circumftances of the contempt. Thefe interrogatories are 

 in the nature of a charge or accufation, and mull by the 

 courfe of the court be exhibited within the firft four days ; 

 and if any of the interrogatories is improper, the defendant 

 may refufe to anfwer it, and move the court to have it 

 ftruck out. If the party ^an clear himfclf upon oath, he is 

 difcharged ; but, if perjured, may be profecuted for the 

 perjury. If he confefTos the contempt, the court vrill pro- 

 ceed to correal him by fine or iniprironment, or both, and 

 fometimes by a corporal or infamous punifliment. If the 

 contempt be of fuch a nature, that, when the faifl is once 

 acknowledged, the court can receive no farther information 

 by interrogatories than it is already poffcffed of (as in the 

 cafe of a refcons), the defendant may be admitted to make 

 fuch fimple acknowledgement, and receive his judgment, 

 without anfvvcring to any inten-ogatories ; but if he wilfully 

 and. obllinately refules to anfwer, or anfwers in an evafive 

 manner, he is then clearly guilt)- of a high and repeated con- 

 tempt, to be punifticd at the difcretion of the court. Black- 

 ilone's Com. vol. iv. 



The terrors of attachment in cafe of difobedience on the 

 part of unwilling witneffcs, as well as the compulfory procefs 

 for obtaining their attendance, are of excellent ufe in the 

 thorough inveftigation of truth : and upon the fame prin- 

 ciple, in the Athenian courts, the witnefies who were fum- 

 moned to attend the trial, had their choice of three thing'), 

 either to fwear to the truth of the fad in queftion, to deny 

 or abjure it, or elfe to pay a fine of a thoufand drachmas. 



Attachment, Writ of, called alfo /'one, isawrit ifl'iiing 

 out of the court of Common Pleas, and grounded on the 

 non-appearance of the defendant at the return of the original 

 writ ; which commands the fherifF to attach him, by taking 

 gage, that is, certain of his goods, vfhich he (hall forfeit, 

 if he doth not appear ; or by making him find fafe pledges or 

 furcties who fliall be amerced in cafe of his non-appearance. 

 This is the firll and immediate procefs, without any previous .j 

 fummons, upon attions of trefpafs vi et nrmi.r, or for otVier 

 injuries, which though not forcible, are yet trefpafles againll 

 the peace, as deceit and confpiracy : where the evidence 

 of the wrong requires a more fpeedy remedy, and therefore 

 the original writ commands the defendant to be at once 

 attached, without any precedent warning. See Process. 



Attachment out of Chaiircry, is a writ in the nature of 

 a capias, direfted to the .Oieriil, and commanding him to 

 attach, or take up the defendant, and bring him into court. 

 It is had of courfe, upon an affidavit made that the defendant 

 was ferved with a falpmia, and appears not ; or it iffueth 

 upon not performing fome order or decree. 



After the return of this attachment by the fheriff, quod 

 not! ejl inventus in balli'V.'i fiia ; another attachment, with 

 proclamations, iffues : which, bcfides the ordinary form of 

 attachment, direfts the fheriff that he caufe proclamations 

 to be made, throughout the county, to fummon the defend- 

 ant, upon his allegiance perfonally to appear and anfwer : 

 and if this be alfo returned with non efl inventus, and he flill 

 ftands out in contempt, a commiffion of rebellion is awarded 

 againll him. See Commission of Rebellion. 



Attachment, Foreign, is an attachment of goods or 

 money found within a liberty or city, to fatisfy fome credi- 

 tor within fuch city or liberty. 



Under the cuflom of London, if a plaint be exhibited in 

 the mayor's or the flierifPs court (the proceeding in the former 

 being the moH advantageous) againll ^, and the procefs be 



returned 



