KFLCC Kingdom Law 2nd Ed.

102

ATTERMINARB

ATTACHMENT

of twenty-four persons, and, if they found the verdict a false one, the judgment wai. 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 verdict 3 Bl. Comm. 404; Co. Litt 2946. A person was said to be attaint when he was under attainder, (g. v.) 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 consumma tion of the act attempted, but which, in fact does not bring to pass the party's ultimate design. People v. Moran, 123 N. Y. 254, 25 N. E. 412, 10 L. R. A. 109, 20 Am. St. Rep. 732; Gandy v. State, 13 Neb. 445, 14 N. W. 143; Scott v. People, 141 111. 195, 30 N. E. 329; Brown v. State, 27 Tex. App. 330, 11 S. W. 412; U. S. v. Ford (D. C.) 34 Fed. 26; Com. v. Eagan, 190 Pa. 10, 42 Atl. 374. An intent to do a particular criminal thing combined with an act which falls short of the thing intended. 1 Bish. Crim. Law, § 728. There is a marked distinction between "at tempt" 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 attempt to murder, is not equivalent to charging an assault with intent to murder. State v. Marshall, 14 Ala. 411. 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 out standing for the purpose of attending or waiting upon and protecting the inheritance. 1 Steph. Comm. 351. A phrase used in conveyancing to denote es tates which are kept alive, after the objects for which they were originally created have ceased, so that they might be deemed merged or satis fied, for the purpose of protecting or strengthen ing the title of the owner. Abbott Lat He attempts. In the civil and canon law. Anything wrongfully innovated or attempted in a suit by an in ferior judge, (or judge a quo,) pending an appeal. 1 Addams, 22, note; Shelf. Mar. & Div. 562. ATTERMINARE. In old English law. To put off to a succeeding term; to prolong ATTENDANT. ATTENTAT.

the satisfaction of a judgment As to the judg ment debtor it is an execution; but as to the garnishee it is an original process—a summons commanding him to appear and show cause, if any he has, why the judgment should not be levied on the goods and effects of the defendant in his hands. Kennedy v. Agricultural Ins. Co., 165 Pa. 179, 30 Atl. 724; Appeal of Lane, 105 Pa. 61, 51 Am. Rep. 166.— Attachment of 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 belongs, 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 justice in eyre's seat;" the middle, the "swainmote;" and the lowest, the "attachment" Manwood, 90, 99. 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. Oomm. 408; 1 Bish. Crim. Law, § 641; Green v. Shumway, 39 N. Y. 431; In re Garland, 32 How. Prac. (N. Y.) 251; Cozens v. Long, 3 N. J. Law, 766; State v. Hastings, 37 Neb. 96, 55 N. W. 781. It differs from conviction, in that it is after judgment, whereas conviction is upon the ver dict of guilty, but before judgment pronounced, 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. 4 Bl. Comm. 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. — Bill of attainder. A legislative act, di rected against a designated person, pronounc ing him guilty of an alleged crime, (usually trea son,) without trial or conviction according to the recognized rules of procedure, and passing sentence of death and attainder upon him. "Bills of attainder," as they are technically called, are such special acts of the legislature as inflict capital punishments upon persons supposed to be guilty of high offenses, such as treason and felony, without any conviction in the ordinary course of judicial proceedings If an act inflicts a milder degree of punishment than death, it is called a "bijl of pains and pen alties," but both are included in the prohibition in the Federal constitution. Story, Const. § 1344; Cummings v. Missouri, 4 Wall. 323, 18 L. Ed. 356; Ex parte Garland, 4 Wall. 387. 18 L. Ed. 366; People v. Hayes, 140 N. Y. 484, 35 N. R 951, 23 L. R. A. 830, 37 Am. St Rep, 572; Green v. Shumway, 39 N. Y. 431; In re Yung Sing Hee (C. C.) 36 Fed. 439. 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 ATTAINDER.