Page:Black's Law Dictionary (Second Edition).djvu/110

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ATTACHMENT

the satisfaction of 8. judgment. As to the judgment debtor it is an execution; but as to the garuishee it is an originai pl‘i)(.'€5S—& summons commanding him to appear and show cause. it any he has, why the judgment should not be levied on the goods and effects of the defendant in his hands. Kennedy v. Agriv.-uituriil ins. Co.. 155 Pa. 179. 30 Ali. 7 Appeal of Lane. 105 Pa 61. 51 Am. Rep ‘lG6.—Attnehnient of privilege. E s which a. man, by \ ‘ a.uoti:.ei' to iitigatc i himseif belongs, and who has the privilege to ansiier there, writ issued to apprehend a person in zi privileged piace. Termes (le la I4ey.—-Attachment of the forest. One of the Lhree couits Eoriiieiiy beid in forests. The highest court V\'5.n callwl ‘justice in eyre‘s seiii ;" the middic, the "swuinniote'" and the loucst. the "attachment." Manwood, 90. 99.

ATTAINDER. That extinction of civil rights and capacities which tiikes place whenever a person who has committed treason or felony receives sentence of (ieaih t'oi his crime. 1 steph. Comm. 408; 1 Bish. Crim. Law, § (H1: Green v. Shuniway, :) N. Y. 431; In re Garland. 32 How. Prac. (N. Y) 251; Cozens v. Long. 3 N. J. Law. 766; State v. Hastings. 37 Neh. 96, 55 N. W. 781

It difieis from conviction. in that it is after judgment, whereas conviction is upon the verdict of guiity, but before judgment pinnonnccd, and may be quashed upon some point of law leSE.'l‘\Tell, or jU(l§1]lI"IlC may he arrnstvd. l‘he consequences of attiiinder are forfeiture of property and corruption of blood. 4 Bl. Comm.

At the common isw, attainder resuited in three ways. viz.: by confession, by i:crd€r=t, and D11 process or out]-awry. The first case was where the prisoner pleaded guilty at the bar, or haiing fled to sanotiiairy, confessed his guilt and alijured 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 hiui. '1‘iie third, when the person accused made his escape and was outlawed.

—Bill of nttainder-. A. legislative act. di- rected against a designated person. pronouncing him guiity of an alleged crime, (usually treason.) without trial or conviction according to the recognized riiies of procedure, and passing sentence of death nnd nttainder upon him. "Bills of attainder." as they are tccbnically calied, are such speciai acts of the legislature as infiict capiiai punishments upon persons supposed to be guilty of high olfenses, such as ii-ensou and felony, without any conviction in the ordinary course of judicial proceedings. lt xin net indicts a milder degree of punishment than death. it is called a “hill of pains and pen- iiitics." but both are ineiiided in the prohibition in Ihe l-‘cderoi constitution. Storv. Coast. i 1344; (‘umininss v. l\lissniiri_ 4 \’Vali. lo‘ L Ed. 3.50. Ex parte Garland. 4 V\'nll. 387.

eeple v. Ilayes. 140 N. Y. . A. EL’-’-O. 37 Am. 5 Rep. 572: Green v. Shiirnway. -39 N. Y. 431: In re Yung Sing Hee (C. C.) 36 Fed. 439.

ATTAINT. In old English practice. A writ winch lay to inquire whether a jury of tnelve men had given a faise verdict, in order thiit the judgment might be reversed. 3 Bl. Comm. 4-02; Bract. foi. 28Sb-292. This inquiry was made by a grand 1135159 or jury

102

ATTERMINARE

of twenty-four persons, and, if they iound the verd.iLt a false one, the judgment win that the jurors should become infamous. should forfeit their goods and the profits of their lands, should theniseiies be imprisoned. and their wives and children thrust out of doors. should have their houses razed, their trees extirpated, and their nieadons plowed up, and that the plaintiit should be restored to all that he iost by reason of the unjust verdict. 3 BL Comm. 404; Go. Litt. 2‘.)ib.

A person was said to be attaint when he was under attaiiider, (q. 1:.) C0. Litt. 39011.

ATTAINT ID’UNE CAUSE. In French law. The gain of a suit. ATTEMPT. In crimlnai law. An eitort

or eiidt-aver to au.-ouipiish a crime, amounting to Luure than mere preparation or planning for it, and which, if not prevented. wouid have resulted in the fuli consumm- tion of the not attempted, but which, in tact, does not bring to pass the party's ultimate tlesigu. People v. Muiau. 123 N. Y. 254, 25 1\'. E. 412. 10 L. it. A 109, 20 Am. St. Rep. 732; Gandy v. State. 13 Neb. 445, 14 N. W. 14 ; bcott v. People. 1-i1 lil. 195, 30 N. L] 32.; Brown v. State, 27 Tex. App. 3.30, 11 S. W. 4.12; U. S. v. Ford (-1). C.) M Fed. 26; com. V. Eagan. 190 Pa. 10, 42 Atl. .574.

An intent to do a paiticuiiir criminal thing combined with an act which fails short or the thing intended. I Dish. Grim. Law, E 728.

There is a marked distinction between "tittempt" and “intv.-nt.' The former conveys the idea of pii_v. cal elIort 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 equiialent to charging an assault WlLl.‘. intent to murder. State v. Marshall. 14 Ala. 411.


ATTENDANT. One who owes a duty or sari ice to uoother, or in some sort depends upon him. Ternies de la Ley. One who tollows and waits upon another.

ATTENDANT TERMS. In English law. Terms, (usuaily !.i10l'tgilgES.) 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 estates which are kept alive. iifter the objects for wbidi they were originally created have ee2iSe(L so that they might be deemed merged or satisfied, for the purpose of protecthig or strengthening the ritie of the owner. Abbott.

ATTENTAT. Lat. He attempts. In the civil and canon law. Anything wrongfully innovated or attempted in a suit by an in- feriur judge. (or judge a aim.) pending an

appeal. 1 Adilnms. 22, note; Shelt. Mar. A’: Div. 562. ATTERMINAEE. In old English law.

To put of: to a succeeding term; to prolong