490 ATT 
filed, may be pleaded by way of eftoppel: then the plain¬ 
tiff nniff put in bail, that if the defendant come within a 
year and a day into court, and he can difcharge himfelf 
of the money condemned in court, and that he owed no¬ 
thing to the plaintiff'at the time in the plaint mentioned, 
the laid money fhall be forth-coming, &c. If the gar- 
nifftee fail to appear by his attorney, being warnpd by the 
officer to come into court to fliew caufe as aforefaid, he is 
taken by default for want of appearing, and judgment gi¬ 
ven againll him for the goods and money attached in his 
hands, and lie is without remedy either at common law or 
in equity ; for, if taken in execution, he muff pay the mo¬ 
ney condemned, though he hath not one penny, or go to 
prifon; but the garniffiee 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 at¬ 
torney, may plead as aforefaid, that he hath no money or 
goods in his hands, of the party’s againft whom the attach¬ 
ment is made; and it will then be tried by a jury, and 
judgment awarded ; but, after trial, bail may be put in, 
whereby the attachment fhall be dilfolved, but the gar- 
nifhee and his fecurity will then be liable to what debt the 
plaintiff fhall make out to be due, upon the action: and 
an attachment is never thoroughly perfected, till there is 
a bail, and fatisfaition upon record. Privileg. Lond. But 
the original defendant muff be fummoned and have notice, 
otherwife judgment againft the garnifhee will be errone¬ 
ous ; and the money paid or levied in execution, or it will 
not difcharge the debt from the garniffiee to the defend¬ 
ant : (though it was alleged that the cuftom of the city 
court is to give no notice.) 3 WilJ. 297. 2 Black. Rep. 834. 
See 1 Ld. Raym. 727. Where a foreign attachment is 
pleaded to an aCtion, the cuftom is to fet forth, that he 
who levied the plaint fhall have execution of the debt ow¬ 
ing by himfelf, and by which he was attached, if the plain¬ 
tiff in the original aCtion (hall not difprove of it within a 
year and a day ; now, if the plaintiff in the aCtion below 
doth not fet forth fuch conditional judgment given by the 
court, it is wrong, becaufe lie doth not bring his cafe with¬ 
in the cuftom. Vide 2 Lutzo. 985. 
In affunipfit, there was evidence given, that the debt 
was attached by the cuftom of London before the aCtion 
brought, and that it was condemned there before the plea 
pleaded; and this evidence ivas given upon the general 
ilfue non aj/'unpfit ; and it being infilled for the defendant, 
that this Ihould relate fo as to defeat the plaintiff’s aCtion, 
it was adjudged, that, w here there is an attachment and 
condemnation before the aCtion brought, it may be given 
in evidence upon the general ilfue, becaufe there is an al¬ 
teration of the property; but if the attachment be only be¬ 
fore the aCtion brought, and the condemnation afterwards, 
the attachment maybe pleaded in abatement, and the con¬ 
demnation may be pleaded in bar, but fhall not be given 
in evidence on the general ilfue, becaufe by the condemna¬ 
tion the property is altered, but not before. 1 Salk. 280, 291. 
ACtion of debt, &c. the defendant pleaded in bar, that 
there was a cuftom in London to attach the debt before 
the day of payment came; et per curiam, fuch a cuftom 
may be good, but to have judgment to recover the debt 
before the da^ of payment is come cannot be a good cuf¬ 
tom, becaufe the debtee himfelf could not recover in fuch 
cafe,-and therefore he who made the attachment (hall not. 
This cuftom was pleaded, that the debtee in perfon, or by 
his attorney, may fwear that the debt is due; but this can¬ 
not be good as to the attorney : it was agreed, that goods 
might be attached by a foreign attachment, and that the 
value thereof ought to be found before judgment; but 
that this plea was ill, becaufe the defendant did not aver 
it, viz., et hoc paratus ejl verijicare. W. Jones, 406. 
A fum of money was to be paid at Michaelmas, and it 
was attached before that day ; adjudged, that a foreign 
attachment cannot reach a debt before it is due ; there¬ 
fore, though the judgment on the attachment was after 
Michaelmas, yet, the money being attached before it was 
due, it is for that reafon void. Cro. Eliz. 184. 
ATT 
Money due to an executor or adminiftrator, as fuch, 
cannot be attached. It would give a fimple contraft cre¬ 
ditor priority over judgments, &c. Fiftier v. Lane and 
others, 3 WilJ. 297. Nor truft-money in the hands of the 
garnifhee. See Doug. 380. 
In an adlion on the cafe the plaintiff had judgment 
againft the defendant, and he owing 60I. to one G.!). he 
entered a plaint againft him in London, and attached the 
60I. in the hands of the laid defendant, againft whom the 
plaintiff' had recovered as aforefaid, and had execution ac¬ 
cording to the cuftom ; afterwards the plaintiff'brought a 
fci.fa. againft the defendant, to (hew caufe why he ihould 
not have execution upon the judgment which he had re¬ 
covered, to which the defendant pleaded the execution 
upon the attachment; and upon demurrer to that plea it 
was adjudged againft the defendant, becaufe a duty which 
accrueth by matter of record cannot be attached by the 
cuftom of London ; for judgments obtained in the king’s 
courts (hall not be defeated or avoided by fuch particular 
cuftoms, they being of fo high a nature, that they cannot 
be reached by attachment. 1 Leon. 29. 
Debtor and creditor being both citizens of London, the 
debtor delivered feveral goads to the Exeter carrier then in 
London, to carry and deliver them at Exeter, and the credi¬ 
tor attached them in the hands of the carrier for the debt 
due to him from his debtor; adjudged, that the action 
ftiould be difcharged, becaufe the carrier is privileged in 
his perfon and goods, and not only in the goods which are 
his own, but in thofe of other men, of which he is in pof- 
feftion, for he is anfwerable for them. 1 Leon. 189. 
An executor fubmitted to an award, and the arbitrators 
awarded, that the defendant Ihould pay the executor 350I. 
This money is not attachable in bis hands by any creditor 
of his teftator, though it is alfets in his hands when reco¬ 
vered; becaule it was not due to the teftator tempore mortis, 
and the cuftom of foreign attachments extends only to 
fuch debts. 1 Vent. 111. 
Attachment of the Forest, is one of the three 
courts held there. Manwood, 90, 99. The lower court is 
called the attachment', the middle one, the fuiainmote■, the 
higlieft, th ejujlice in Eyre's feat. The court of attachment 
feemeth to be fo called, becaufe the verderors of the foreft: 
have therein no other authority but to receive the attach¬ 
ments of offenders againft vert and venifon, taken by the 
reft of tlie officers, and to enroll them, that they may be 
prefented and punilhed at the next juftice feat. Manwood, 
93. And this attaching is by three means: 1. By goods 
and chattels. 2. By the body, pledges, and niainprife. 
3. By the body only. This court is kept every forty 
days. 
To ATTA’CK, v. a. \_attaquer, Fr.J To alfault an ene¬ 
my: oppofed to defence. —Thole that attack generally get 
the vidfory, though with difadvantage of ground. Cant’s 
Campaigns. —To impugn in any manner, as with fatire^ 
confutation, calumny ; as,, The declaimer attacked the re¬ 
putation of his adverfaries. 
Attack, f. An alfault upon an enemy r 
I own ’tw’as wrong, when thoufands call’d me back, 
To make that hopelefs ill-advis’d attack. Young. 
ATTAC'KER, f. The perfon that attacks. 
ATTACOT'TI, an ancient people of Britain, mention¬ 
ed by Ammianus Marcellinus and St. Jerome, as well 
as in the Notitia Imperii. They are reprefented as allies 
and confederates of the Scots and Pifls, and therefore pro¬ 
bably their neighbours: though their precile fituation has 
not been determined by antiquarians. 
To ATTAIN', v. a. [ alteindre , Fr. attineo, Lat.] To 
gain; to procure; to obtain.—Is he wife who hopes to 
attain the end without the means, nay by means that are 
quite contrary to it ? Tillotfon.— To overtake; to come up 
with : a fenft now little in ufe. —The earl hoping to have 
overtaken the Scottilh king, and to have given him battle, 
but not attaining him in time, fet down before the caftle 
of Atom Bacon. —To come to ; to enter upon; 
a 
Canaan 
