Page:Encyclopædia Britannica, Ninth Edition, v. 3.djvu/64

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ATT—ATT

the judgment debtor might be examined as to any debts due and owing to him before a master of the court. On affidavit that the judgment was still unsatisfied, and that any other person within the jurisdiction was indebted to the judgment debtor, the judge was empowered to attach all debts due from such third person (called the garnishee} to the judgment debtor, to answer the judgment debt. This order binds the debts in the hands of the garnishee, and if he does not dispute his liability execution issues against him at once. If he disputes his liability the question must be tried. Payment by the garnishee or execution against him is a complete discharge as against the judgment debtor. These provisions were, by an order in Council of 18th Nov. 1867, extended to the County Courts. (By 33 and 34 Vict. c. 30, it is enacted that no order for the attachment of the wages of any servant, labourer, or workman shall be made by the judge of any court of record or inferior court.) The proposed rules and regulations under the Judicature Act, 1873, retain the process for attachment of debts as established by the Pro cedure Act of 1854.


ATTAINDER, in the Law of England, was the imme diate and inseparable consequence from the common law upon the sentence of death. When it was clear beyond all dispute that the criminal was no longer fit to live, he was called attaint, attinctus, stained or blackened, and could not, before the 6 and 7 Vict. c. 85, 1, be a witness in any court. This attainder took place after judgment of death, or upon such circumstances as were equivalent to judgment of death, such as judgment of outlawry on a capital crime, pronounced for absconding from justice. Conviction without judgment was not followed by attainder. The consequences of attainder were 1st, Forfeiture ; 2d, Corruption of blood. On attainder for treason, the criminal forfeited to the Crown his lands, rights of entry on lands, and any interest he might have in lands for his own life or a term of years. For murder, the offender forfeited to the Crown the profit of his freeholds during life, and in the case of lands held in fee -simple, the lands themselves for a year and a day ; subject to this, the lands escheated to the lord of the fee. These forfeitures related back to the time of the offence committed. Forfeitures of goods and chattels ensued not only on attainder, but on conviction for a felony of any kind, or on flight from justice, and had no relation backwards to the time of the offence committed. By corruption of blood, " both upwards and downwards," the attainted person could neither inherit nor transmit lands. The lands escheated to the lord of the fee, subject to the Crown s right of forfeiture. The doctrine of attainder has, however, ceased to be of much importance. By the 33 and 34 Viet. c. 23, it is enacted that henceforth no confession, verdict, inquest, conviction, or judgment of or for any treason or felony, or felo de se, shall cause any attainder or corruption of blood, or any forfeiture or escheat. Sentence of death, penal servitude, or imprisonment with hard labour for more than twelve months, after conviction for treason or felony, disqualifies from holding or retaining a seat in Parliament, public offices under the Crown or other wise, right to vote at elections, &c., and such disability is to remain until the punishment has been suffered or a pardon obtained. Provision is made for the due administration of convicts estates, in the interests of themselves and their families. Forfeiture consequent on outlawry is exempted from the provisions of the Act. Bills of Attainder in Parliament ordinarily commence in the House of Lords ; the proceedings are the same as on other bills, but the parties affected by them may appear by counsel and witnesses in both Houses. In the case of an impeachment, the House of Commons is prosecutor and the House of Lords judge; but proceedings by Bill of Attainder are legislative in form, and the consent of Crown, Lords, and Commons is therefore necessary.


ATTALIA, an ancient city of Pamphylia, which derived its name from Attalus II., king of Pergamus. It seems to have been a place of considerable importance, and is most probably to be identified with the modern Adalia, Antalia, or Sataliah, as it is variously called. See Sataliah.


ATTAR, or Otto, of Roses, a well-known perfume of great strength, is an essential oil of roses, prepared chiefly in Hindustan and Persia. See Oils and Perfumery.


ATTENTION, in Psychology, may be defined as the concentration of consciousness, or the direction of mental energy upon a definite object or objects. By means of it we either bring within the circle of our conscious life per ceptions and ideas which would not otherwise have risen from their obscurity, or render clearer and more distinct some of those already under notice. Its mode of operation and the effects produced by it may be compared with the concentration of visual activity on some definite part of the field of vision, and the clearer perception of the limited portion which is thereby attained. In both cases the result is brought about, not by effecting any change in the perceptions themselves, but simply by isolat ing them, and considering them to the exclusion of all other objects. Since all consciousness involves discrimina tion, i.e., isolation of one object from others, it involves attention, which might therefore be defined as the neces sary condition of consciousness. Such a definition is, however, too general, and throws no light upon the nature of the process whereby our mental energy is strengthened in particular cases. This increase of force, when conscious ness is directed to any one object to the exclusion of others, is partly to be explained by reference to the general law that, as the amount of intellectual energy at our disposal is limited, the greater the number of objects over which it is spread, the less will each receive, pluribus intentus, minor est ad singida sensus; and conversely, the greater the con centration, the fewer must be the objects attended to. In addition to this general law of limitation, there are special circumstances which determine the amount of consciousness we shall bestow on any object. In the first place, there are certain mechanical influences only partly subject to the will, such are the force or vividness of the impression, the interest attaching to an object, the trains of associated ideas excited, or the emotions roused by its contemplation. There is, secondly, an exercise of voli tion employed in fixing the mind upon some definite object ; this is a purely voluntary act, which can be strengthened by habit, is variable in different individuals, and to which, as being its highest stage, the name Atten tion is sometimes restricted. The general law of the limitation of conscious activity, pointed out above, throws considerable light on the nature of abstraction and its relation to Attention. It is clear that concentration of consciousness upon any one attribute or attrioutes of an object involves withdrawal of consciousness from all other attributes. This withdrawal is, logically and etymologically, Abstraction, which is thus the negative side of Attention, or, as Hamilton expresses it, the two processes form the negative and positive poles of the same mental act.


ATTERBOM, PER DANIEL AMADEUS, a Swedish poet, was born in Ostergothland in 1790, studied in the University of Upsala from 1805 to 1815, became Professor of Philosophy there in 1828, and died in 1 855. He was the leader in the great romantic movement which revolutionised Swedish literature. In 1807, when in his 17th year, he founded at Upsala an artistic society, called the Aurora League, the members of which included Palmblad, Elgstrom,

Hedborn, and other youths, whose names were destined to