A T T A C 
party deny fitch charge by as plain and pofitive affidavits, 
he fhall be difcharged ; but, if he take a falfe oath, he may 
be indidled of perjury. Mod. Caf in L. &E. 81. Again ft 
fheriffs making falfe returns of writs, and againft bailiffs 
for frauds in arrefts, and exceeding their power, &c. at¬ 
tachment may be had. For contempts againft the king’s 
writs; uling them in a vexatious manner; altering the 
tefte, or filling them up after fealed, &c. attachment lies. 
And for contempts of an enormous kind, in not obeying 
writs, &c. attachment may i ft he againft peers. 2 Hawk, 
c. 22. For perfuading jurors not to appear on a trial, at¬ 
tachment lies againft the party, for obftrutting the pro¬ 
ceeding of the court. 1 Lill. 121. The court of B. R. may 
award attachment againft any inferior courts ufurping a ju- 
rifdi&ion, or ailing contrary tojuftice. Salk. 207. Though 
it is ufual firft to lend out a prohibition. Attachment lies 
for proceeding in an inferior court, after a habeas corpus 
illued, and a fuperfcdeas to ftay proceedings. 21 Car. B. R. 
An attachment may be granted againft juftices of peace, 
for proceeding on an indictment after a certiorari delivered 
to them to remove the indictment. 1 Lill. 121. But it does 
not lie againft a corporation, the mode of compulfion being 
by fequeltration. Cowp. 377. Attachment lies againft a lord 
that refufes to hold his court, after a writ iffued to him 
for that purpofe, fo that his tenant cannot have right done 
him. New Nat. Br. 6, 27. 
An attachment is the proper remedy for difobedience of 
the rules of court; as of thofe made in ejeCtment, arbitra¬ 
ment, See. So where a defendant in account, being ad¬ 
judged to account before the auditors, refufes to do it, 
unlefs they will allow matter difallowed by the court be¬ 
fore ; or where one refufes to pay colts taxed by the maf- 
ter, whofe taxation the law looks upon as a taxation by the 
court. 1 Mod. 21. iSatk.71. But an attachment is not 
granted for difobedience of a rule of nifi prius, unlefs it be 
firft made a rule of court; nor for difobedience of a rule 
made by a judge at his chamber, unlefs it be entered; 
nor for difobedience of any rule without perfonal fervice. 
1 Salk. 84. Alfo an attachment is proper for abufes of the 
procefs of the court; as for filing out execution where 
there is no judgment; bringing an appeal for the death of 
one known to be alive ; making ufe of the procefs of a 
fuperior court, to bring the defendant within the jurif- 
diition of an inferior court, and then dropping it; uling 
fuch procefs in a vexatious, oppreffive, or unjuft, manner, 
without colour of ferving any other end by it. 2 Hawk. 
P. C. c. 22. It feems alfo that counfellors are punifhable by 
attachment for foul practices, lb. Gaolers are thus pu- 
nilhable for milbehaviour in their offices ; and witneffes for 
non-attendance on a trial. Peers are liable to attachment 
for certain outrageous contempts, as a difobedience to a 
writ of habeas corpus, and generally of other writs. 
Attachments are ufually granted on a rule to Ihew caufe; 
unlefs the offence complained of be of a flagrant nature, 
and pofitively fworn to; in which laft cafe the party is or¬ 
dered to attend, which he inuft do in perfon, as mull every 
one againft whom an attachment is granted ; and, if he fliall 
appear to be apparently guilty, the court in diferetion, on 
confideration of the nature of the crime, and other circum- 
ftances, will either commit him immediately, in order to 
anfwer interrogatories to be exhibited againft him concern¬ 
ing the contempt complained of, or will fuffer him to en¬ 
ter into recognizance to anfwer fuch interrogatories; which 
if they be not exhibited within four days, the party may 
move to have the recognizance difcharged ; otherwife he 
muft anfwer them, though exhibited after the four days ; 
but in all cafes, if he fully anfwer them, he fhall be dif¬ 
charged as to the attachment, and the profecutor fhall be 
left to proceed againft him for the perjury, if he thinks fit; 
but if he deny part of the contempts only, and confefs 
other parr, he fhall not be difcharged as to thofe denied, 
but the truth of them (hall be examined, and fuch punifh- 
ment inflicted as from the whole fliall appear reafonable ; 
and, if his anfwer be evafive as to any material part, lie 
fhall be puniflted in the fame manner as if he had confeffed 
Von. II. No. 84. 
H M E N T. 439 
it. 2 Hawk. P. C. c. 22. iSalk.Sy. 6Mod.*<\. 2 Jones, 178. 
Upon all thefe examinations the mafter is to make his 
report, and the party is then and not before acquitted, or 
adjudged in contempt. Hardw. 23. And in the latter cafe 
is either immediately fentenced or committed to the mar- 
flial; unlefs the court wave giving judgment (as they 
fometimesdo from motives of lenity), and order the recog¬ 
nizances to be difcharged. 3 Burr. 1256 ; or the attorney- 
general content that the party may continue on the recog¬ 
nizance to appear under a rule of court at fome future 
time. 2 Burr. 797. Attachments for non-payment ofcofts, 
and for non-performance of an award, are in the nature of 
civil executions. 1 Term Rep. 266. 
Attachment out of Chancery may be had of 
courfe, upon affidavit made that the defendant was lerved 
with a fubpeena, and appeared not; or upon non-perform¬ 
ance of any order or decree ; alfo after the return of this 
attachment, that the defendant non ejl inventus, &c. then, 
attachment with proclamation iffues againft him. WrJL 
Symb. And for contempts, when a party appears, he muft 
upon his oath anfwer interrogatories exhibited againft him ; 
and, if he be found guilty, he (hall be fined. On attach¬ 
ment the party is not obliged.to anfwer any interrogatories 
tending to convift him of any other offence. Stra. 444; or 
which may fubjeft him to a penalty. Hardw. 239. 
Attachment of Privilege, is where a man by 
virtue of his privilege calls another to that court w hereto 
he himfelf belongs, and in refpedl thereof is privileged, 
there to anfwer fome adtion (as an attorney, Sec.) or it is 
a power to apprehend a man in a place privileged. Book 
Entr. 431. Corporation courts have fometimes power by 
charter to iffue attachments, and fome courts-baron grant 
attachments of debt. Kitch. 79. 
Attachment foreign, is an attachment of the goods 
of foreigners, found in fome liberty, to fatisfy their credi¬ 
tors within fuch liberty. Carth. Rep. 66. Foreign attach¬ 
ment under the cuftom of London is thus •- if a plaint be 
entered in the court of the mayor or the (heriff againft A. 
and the procefs be returned nichil, and thereupon plaintiff 
fuggefts that another perfon within London is indebted to 
A. the debtor (hall be warned (whence he is called the 
garni/hee,) and if he does not deny himfelf to be indebted 
to A. the debt (hall be attached in his hands. Com. Dig. 
tit. Attachment foreign, cites 22 E. 4. 30. This plaint may¬ 
be exhibited in the mayor’s or the fheriffs’ court ; but the 
proceeding in the former is moll advantageous. Id. ib. 
This cuftom of foreign attachment is (aid to prevail in 
Exeter, and other places. But a foreign attachment can¬ 
not be had w hen a fuit is depending in any of the courts 
at Weftminfter. Cro.E/iz.6 91. And nothing is attacha¬ 
ble but for a certain and due debt: though by the cuftona 
of London money may be attached before due, as a debtj 
but not levied before due. Sid. 327. 1 Nelf. Abr. 282, 283. 
Foreign attachments in London, upon plaint of debt, 
are made after this manner : A. oweth B. iool. and C. is 
indebted to A. iool. B. enters an adlion againft A. of 
200I. and by virtue of that atlion a ferjeant attacheth iool. 
in the hands of C. as the money of A. to the ufe of B. 
which is returned upon that adlion. The attachment 
being made, and returned by the ferjeant, the plaintiff is 
immediately to fee an attorney before the next court, or 
the defendant may then put in bail .to the attachment, and 
nonfuit the plaintiff: four court days muft pafs before the 
plaintiff can caufe C. the garnifhee, in whole hands the 
money was attached, to fliew caufe why B. fliould not con¬ 
demn the iool. attached in the hands of C. as the money 
of A. the defendant in the action (though not in the at¬ 
tachment) to the ufe of B. the plaintiff: and the garnifhee 
C. may appear in court hy his attorney, wage his law, and 
plead that he hath no money in his hands of the defend¬ 
ant’s, or other fpecial matter; but the plaintiff may hin¬ 
der his waging of law, by producing two fufficient citi¬ 
zens to (wear that the garnifhee had either money or goods 
in his hands of A. at the time of the attachment, of which 
affidavit is to be made before the lord-mayor, and. being 
6 1 * filed. 
