(155) (hasta missilis ;) a Saxon weapon. Florent. Wigorn, sub an. 1040. Spelman. (156) he clears himself of the contempt, he is punished by fine or imprisonment, or both, at the discretion of the court. 4 Bl. Com. 287. See U. S. Digest, Attachment, V. An attachment against property is of several kinds, as 1. The old process of attachment in English practice, by which a defendant's goods were seized as a distress or means of compelling his appearance in an action. 3 Bl. Com. 280. Roscoe's Real Act. 151. 2. An ancient mode of procedure under the custom of London, by which a debt due a debtor by a third person, (termed a garnishee,) might be seized and appropriated to the payment of a creditor's demand. See Drake on Attachment, chap. 1, § 1, et seq. 3. A species of mesne process peculiar to the practice of some of the Eastern States, by which the goods and chattels, or lands of a defendant are seized at the commencement of a suit, and held as security to satisfy such judgment as the plaintiff may recover. Rev. Stat. Mass. 1836, part iii. tit. 2, c. 90, §§ 23, 24. Story on Bailm. § 124. Story, J. 2 Story's R. 131, 141. This was originally the same with the English process, (supra.) Parsons, C. J. 7 Mass. R. 123, 128. See U. S. Digest, Attachment, I. Minot's Digest, Attachment. 4. A process against the property of absent, absconding, concealed and non-resident debtors, otherwise called foreign attachment, and in some cases, domestic attachment. A species of this process is termed garnishment, and in some states, trustee process and factorizing process. See Foreign attachment, Domestic attachment, Garnishment, Trustee process, Factorizing. This is a proceeding unknown to the common law, and the provisions authorizing it are strictly construed by the courts, and required to be closely pursued by those who resort to it. See 14 Georgia R. 232. Drake on Attachments, § 4. ( 157 ) pated, and their meadows ploughed up, and that the plaintiff should be restored to all that he lost by reason of the unjust verdict. 3 Bl. Com. 404. Co. Litt. 294 b. Bract. fol. 292 b. See Keilw. 83. This punishment was afterwards modified by statute, but the writ of attaint remained in force, (though quite fallen out of use,) till abolished by the statute 6 Geo. IV. c. 50, 8. 60. 3 Steph. Com. 627, note (z). vaincu en the inheritance.* 1 Steph. Com. 351.— Thus, where land held in fee is mortgaged for a long term of years, (as a thousand years,) and upon the estate being sold, the mortgage is paid off out of the purchase money, it is usual for the purchaser, (instead of taking a surrender of the term to himself, and so merging it in the inheritance,) to keep it on foot, and have it assigned to a trustee of his own nomination, ATTAINT, Atteint, Attaynt, Taynt. in trust for himself, (the purchaser,) "and L. Fr. [L. Lat. attinctus, attaintus.] In to attend and protect the inheritance." old English law. Attainted; convicted or The reason of this practice is, that the found guilty of some offence. Attaint de beneficial or equitable interest in a term disseisin; convicted of disseisin. Stat. assigned upon such a trust, follows (though Westm. 1, c. 24. Spelman, voc. Attaintus. a mere chattel,) all the limitations of the Defeated in an action. Estre attaint et inheritance,-belongs to the heir or devisee aucun cas; to be attaint and of the new owner, and not to his executor overcome, or cast in any case. Cowell. or administrator, and is subject to the other Blount. Spelman, ub sup. Attaintes pur incidents of a fee simple; so that, for all serfs; found by verdict to be villeins. purposes of convenience, the case is the Kelham. A distinction, however, was genesame as if it had merged into the inheritrally made by the old writers between atance; while, on the other hand, it affords tainder and conviction. See Cowell. Blount. him a security which he could not have 4 Bl. Com. 380. had if a merger had actually taken place. For if it should afterwards turn out that prior to the purchase, but posterior to the creation of the term, there had been an intermediate alienation or incumbrance of the fee in favor of another person, to which the then trustee of the outstanding term had been no party, and of which the subsequent purchaser had had no notice when he took his conveyance, and paid his purchase money, he will be protected against it through the medium of the term, which being the elder title, will also take the priority in point of legal effect. 1 Steph. Com. 351, 352. Terms may also become attendant by the mere construction of a court of equity. Id. 352. See 2 Crabb's Real Prop. 529, § 1738, et seq. Burton's Real Prop. 276, pl. 860. Id. 439, pl. 1428. 4 Kent's Com. 86-93. ATTEIGNALMENT, Ateisament, Atteynement, Atteynaument. L. Fr. Effectually; strenuously; remain for ever. Kelham. (158) præsumatis; we prohibit you that you do not presume to attempt any thing in the premises. Reg. Orig. 36 b. Nec quicquam in hac parte attentetis, seu attentari faciatis. Id. 37. Attemptarent; should attempt. Mem. in Scacc. M. 22 Edw. I. (159) to substitute; to appoint an attorney. See to touch or reach, or from tingere, to stain.] In old English law. An attaint. Reg. Attornare. Orig. 121 b, 122, 203 b, 204. Spelman. ( 160 ) ney. Spelman. Attornatus vel procura-tor of the ecclesiastical and admiralty courts, tor; an attorney or procurator, (proctor.) the solicitor of courts of equity, and, in Reg. Orig. 25 b, 281. These were nearly many respects, to the procurator ad litem or quite synonymous terms. Provisum est of the civil law), whose office is to appear quod quilibet liber homo-libere possit fafor the parties to actions and other judicial cere attornatum suum, &c.; it is provided proceedings, and to prosecute and defend that every freeman-may freely make his them in their behalf, and whose authority attorney, &c. Stat. Merton, (20 Hen. III.) is derived either from a formal warrant of c. 10. Fleta, lib. 2, c. 66, § 12. Reg. attorney, or, which is the usual practice, a Orig. 26 b. Attornati et apprenticii; atmere oral retainer. Attorneys are regardtorneys and apprentices. Fleta, lib. 2, ed as officers of the respective courts in c. 37. Called, in old Scotch law, actornawhich they are admitted to practice, and tus, (q. v.) See Attorney, Attorney at their business, as distinguished from that law, Atturnatus. of counsellors, is to carry on the practical and more mechanical parts of suits, or such proceedings as do not require to be conducted in open court. See Counsellor. This distinction has been adopted from the English practice, and where it is observed, attorney is regarded as a name or title of degree as well as of office, to which persons are usually admitted before taking that of counsellor. In many of the United States, however, no such distinction is observed, although both titles are retained in common use. 1 Tidd's Pr. 60-90. U. S. Digest, Attorney and counsel. ( 161 ) c. 46. Fr. seigniour.) Perkins, ch. 3, s. 188, 189. Attornatus fere in omnibus personam domini representat; an attorney represents the person of his master in almost all respects. Bract. fol. 342. General attorne puit tant que son seigniour puit; a general attorney may do as much as his lord may. Britt. Un attorney dit que son master avoit recover; an attorney said that his master had recovered. Yearb. T. 1 Edw.