Blacks Law Dict. 1st ed

ATTACHMENT OF PRIVILEGE 103

ATTENTAT

designate an attachment against a non-resi dent, or his property, as "foreign." But the term "foreign attachment" more prop erly belongs to the process otherwise famil iarly known as "garnishment." It was a peculiar and ancient remedy open to creditors within the jurisdiction of the city of Lon don, by which they were enabled to satisfy their own debts by attaching or seizing the money or goods of the debtor in the hands of a third person within the jurisdiction of the city. This power and process survive in modern law, in all common-law jurisdictions, and are variously denominated "garnish ment," "trustee process," or "factorizing." ATTACHMENT OP PRIVILEGE. In English law. A process by which a man, by virtue of his privilege, calls another to litigate in that court to which he himself be longs, and who has the privilege to answer there. A writ issued to apprehend a person in a privileged place. Termes de la Ley. ATTACHMENT OF THE FOREST. One of the three courts formerly held in forests. The highest court was called "jus tice in eyre's seat;" the middle, the "swain mote;" and the lowest, the "attachment." Manwood, 90, 99. ATTAINDER. That extinction of civil rights and capacities which takes place when ever a person who has committed treason or felony receives sentence of death for his crime. 1 Steph. Comm. 408; 1 Bish. Crim. Law, § 641. It differs from conviction, in that it is after judgment, whereas conviction is upon the verdict of guilty, but before judgment pro nounced, and may be quashed upon some point of law reserved, or judgment may be arrested. The consequences of attainder are forfeiture of property and corruption of blood. i Bl. Comm. 380. At the common law, attainder resulted in three ways, viz.: by confession, by verdict, and by process or outlawry. The first case was where the prisoner pleaded guilty at the bar, or having fled to sanctuary, confessed his guilt and abjured the realm to save his life. The second was where the prisoner pleaded not guilty at the bar, and the jury brought in a verdict against him. The third, when the person accused made his escape and was outlawed. ATTAINDER, BILL OF. See BILL or ATTAINDER.

ATTAINT. In old English practice. A writ which lay to inquire whether a jury of twelve men had given a false verdict, in or der that the judgment might be reversed. 3 Bl. Comm. 402; Bract, fol. 2886-292. This inquiry was made by a grand assise or jury of twenty-four persons, and, if they found the verdict a false one, the judgment was that the jurors should become infamous, should forfeit their goods and the profits of their lands, should themselves be imprisoned, and their wives and children thrust out of doors, should have their houses razed, their trees extirpated, and their meadows plowed up, and that the plaintiff should be restored to all that he lost by reason of the unjust ver dict. 3 Bl. Comm. 404; Co. Litt. 2946. A person was said to be attaint when he was under attainder, (q. o.) Co. Litt. 3906. ATTAINT D'UNE CAUSE. In French law. The gain of a suit. ATTEMPT. In criminal law. An effort or endeavor to accomplish a crime, amount ing to more than mere preparation or plan ning for it, and which, if not prevented, would have resulted in the full consummation of the act attempted, but which, in fact, does not biing to pass the party's ultimate design An intent to do a paiticular criminal thing combined with an act which falls short of the thing intended. 1 Bish. Crim. Law, § 728. There is a marked distinction between "attempt" and "intent." The former conveys the idea of physical effort to accomplish an act; the latter, the quality of mind with which an act was done. To charge, in an indictment, an assault with an at tempt to murder, is not equivalent to charging an assault with intent to murder. 14 Ala. 411. ATTENDANT. One who owes a duty or service to another, or in some sort depends upon him. Termes de la Ley. One who fol lows and waits upon another. ATTENDANT TERMS. In English law. Terms, (usually mortgages,) for a long period of years, which are created or kept outstanding for the purpose of attending or waiting upon and protecting the inheritance. 1 Steph. Comm. 351. A phrase used in conveyancing to denote estates which are kept alive, after the objects for which they were originally created have ceased, so that they might be deemed merged or satisfied, for the purpose of protecting or strengthening the title of the owner. Abbott. ATTENTAT. Lat. He attempts. In the civil and canon law. Anything wrong fully innovated or attempted in a suit by an inferior judge, (or judge a quo,) pending an

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