ATT 



returned nihil, ai^d thereupon the plaintifF fugfefts that 

 another perfon within London is indtbted to j1, the debtor 

 fliall be warned (whence he is called the ganii/Jjee), and if 

 he does not deny himfelf to be indebted to y/, the debt 

 fliall be attached in his hand?. Tlie cuilom of foreign 

 attachment is faid to prevail in Exeter and other places. 

 But a foreign attachment cannot be had when a liiit is 

 depending in any of the cents at Weilm.infter. Cro. Eliz. 

 691. And nothing is attachable, but for a certain and due 

 debt ; though by the cuftom of London, monev may be 

 attached before due, as a debt, but not levied before due. 

 Sid. 327. 1. Nelf. Abr. 282, aiS^. 



Foreign attac'iments in London, upon plaint of debt, 

 are made after this manner: ^ oweth JB icol. and C is in- 

 debted to ji icol. ; B enters an adiion againft y^ of 

 tool, and by virtue of that aftion a ferjeant attachcth icol, 

 in the hands of C, as the money of ^-1, to the ufe of B, 

 which is returned upon that action. Upon this the plain- 

 tiff is immediately to fee an attorney before the next court, 

 or the defendant may then put in ball to the attachment, 

 and nonfuit the plaintiff. Four court days muft pafs before 

 the pljintifT can caufe C, the garnifhee, in whofe hands the 

 money was attached, to (hew caufe why B fliould not con- 

 demn the lool. attached in the hands of C as the money 

 of y? the defendant in the ac"tion (though not in the attach- 

 ment) to the ufe of B the plaintiff; and the garnifhee C 

 may appear in court by his attorney, wage his law, and 

 plead that he hath no money in his hands of the defendant's, 

 or other fpecial matter ; but the plaintiff may hinder his 

 waging of law, by producing two fufhcient citizens to 

 r.vear that the garnifhee had either money or goods, in his 

 hands, of y^ at the time of the attachment, of wliich affidavit 

 is to be made before the lord mayor, and being filed, may 

 be pleaded by way of elloppel : then the plaintiff mull put 

 in bail, that if the defendant come within a year and a day 

 into court, and he can difeharge hmifclf of the money con- 

 demned in court, and that he owed nothing to the plaintiff 

 at the time in the plaint mentioned, the faid Tnoney fliall 

 be forthcoming, &c. If the garnifue-e fail to appear by 

 his attorney, being warned by the officer to come into 

 court to fliew caufe as aforefaid, he is taken by default for 

 want of appearing, and judgment given agair.fl him for 

 the o-Qod:-, and money attached in his hands, and he is with- 

 out remedy either at comm.on law or in equity ; for if taken 

 in execution, he mutl pay the money condemned, though 

 lie hath not one penny, or go into prifon ; but the garnifliee 

 appearing to {hew caufe why the money or goods attached 

 in his hands ought not to be condemned to the ufe of the 

 plaintiff, having feed an attorney, may plead as aforefaid, 

 that he hath no money nor goods in his hands, of the party's 

 againll whom the attachment is made; and it will then be 

 tried by a jury, and judgment atvarded, &c. but after tria), 

 bail maybe put in, whereby the attachment fhall be difTolved, 

 but the rarnifiiee, &c. and' his fccurity will then be liable to 

 what debt the plaintiff ihall make out to be due, upon the 

 aftiou : and an attachment is never thoroughly perfcaed, 

 till there is a bail, and latisfaftion upon record, rrivilcge 

 London. , , u 



But the original defendant muft be fummoned, and have 

 notice : otherwife judgment againft the garnifhee will be 

 erroneous ; and the money paid or le\-ied in execution; or 

 it will not difeharge the debt from the garnifhee to the 

 defendant (though it was allowed that the ciiflom of the 

 city court is to give no notice). <? "Wilf. 297. 2 Black. Rep. 

 834. See I Ld. Ravm. 727. Where a foreign attachment 

 is pleaded to an action, the cuBom is to fct forth that he 

 who levied the plaint fliaU have execution of the debt 



A T T 



owing by himfelf, and by which he was attached, if the 

 plaintiff in the original ac'ion (hall not difprove it within a 

 year and a day ; now if the plaintiff in the aclioii below 

 doth not fet forth fuch conditional judgment given by the 

 court, it is wrong, bccauf" he doth not bring his cafe within 

 the cuflom. Vide 2 Lutw. 985. 



A fum of money was to be paid at Michaelmas, and it 

 was attached before that day : adjudged, that a foreign at- 

 tachment cannot reach a debt before it is due ; therefore, 

 though the judgment on the attachment was after Michael- 

 mas, yet the money being atiaelied before it was due, it ii 

 for that reafon void. Cro. Lliz. 184. Fur further matter, 

 fee Com. Dig. tit. Attachment. 



Money di;e to an executor or admiiiiflrator, as fuch, can- 

 not be attached. It would give a fimple contract creditor 

 priority over judgments. Fifher v. Lane and others, 

 3 Wilf. 297. Nor truft money in the hands of the garnifhee. 



Debtor and creditor being both citizens of London, thf 

 debtor delivered feveral goods to the Exeter carrier then ia 

 London, to carry and deliver them at Exeter, and the cre- 

 ditor attached them in the hands of the carrier for the debt 

 due to him from his debtor : adjudged, that the aflion (hould 

 be difcharged, becaufe the carrier is privileged in his periun 

 and goods, and not only in the goods which are his own, 

 but in thofe of other men, of wliich he is in pollcflion, for 

 he is anfwerable for them. I Leon. 1 89. See Jacob's Law 

 Diet, by Tomlins, art. /Iltachment. 



Attachment of the Forefl, or Woodmotc, is one of the 

 four courts held in the foreft. (See Courts of Foreft, &c.) 

 The court of attachments feems fo called, becaufe the ver- 

 derors of the forefl have therein no other authority, but to 

 receive the attachments of offendei-s againil vert and venifon 

 taken by the foreflers, to enrol them, and to certify ihem 

 under their feals, to the court of juflice-feat, orfweinmote; 

 for this court can only inquire of, but not convidl of- 

 fenders. 



This attachment is by three means ; by goods and chat- 

 tels; bv body, pledges, and mainprize ; or by body only. 

 Offenders may be attached by tlieir bodies, if taken with 

 the mainour (or ma'inoeuvre, a manu), that is, in the verr 

 ?.A of killing venifon, or Healing wood, or preparing fo to 

 do, or by frelh and im.inediate riurfuit after the ad is done ; 

 othirwil'e, they m.uft be attached by their good?. This 

 court is held once in ever)- forty days throughout the year ; 

 whence it is alfo denominated forly Jays court. 



Att.\chmext of Privilfge is, by virtue of a man's pri- 

 vilege, to call another to that court whereto he himfelf 

 belongs, and in refpe£l whereof he is privileged 10 anfwer 

 fome action : or, it is a power to apprehend a man in a place 

 privileged. Corporation courts have forcetimes power by 

 charter to iifue attachments, and lonie courts-baron grar.t 

 attachments of' debt. Kitch. 79. 



ATTACK, an attempt upon any perfon or thing; or 

 the aft of beginning a combat or dilputc. 



Attack, in the Miiilary j-frt, fignifies an engagement 

 baring for its objeA the forcing of an entrenched poft, or 

 diflodging an adverfe army from its liucs, v^h^n in a fitua- 

 tion calculated to impede the progrcfs of an invading 

 army. 



War is naturally an ofTenfive operation. In the earlier 

 ages we find it carried on by a feries of engage mcnis uni- 

 formly on the principle of attack, and uneonucAed with any 

 of thofe fkilful manduvres which the ready genius of triankind 

 has fince carried into execution for their mutual dcilruclion. 

 'I'he ultimate object of a battle conlilled in plundering, in 

 cafe of fucccfs, a fmall trait of the CHcmr's country, and 

 N n 2 i« 



