ATTAINDER isLhe legal consequence of judgment of death or outlawry, in respect of treason or felony. It is said to boon rinriond from thn Latin crrn,i rrtiin,h)o attaint, stained, and it is followed by forfeiture of estate, real and personal, and by ror s uption. of blood; and generally it imported extinction of civil rights and capacities. Thus, an anointed person 'cannot sue in a court of justice; he loses all power over his property; and he is by his A. rendered incapable of performing any of the duties or enjoy ing any of the privileges of a free citizen. But absolute and severe as the consequences of A. seem to be, they had their limits. In regard to the attainted person, neither the government nor the crown could exercise absolute or capricious authority; everything must be done according to legal and constitutional principle and rule, and for the ends of public justice alone. Formerly, an attainted person could not give evidence in a court of justice; but that disability in England has been removed by the 6 and 7 Viet. c. 85, and in Scotland by the 15 and 16 Viet. c. 27.
We have stated that the immediate consequences of A. were ,forfeiture of estate and corruption, of blood. The forfeiture was of estate real and personal. But in-1870 the law on this subject was revised and made more consistent with reason by the act 33 and 34 Viet. cap. 23. No conviction for treason or felony now causes any A. or corruption of blood, or forfeiture or escheat. When a convicted person is sentenced to any punish ment more severe than 12 months' hard labor, he is deprived of any public office or employment, and of any public pension, or of the right of voting at elections. He may be condemned to pay the costs or expenses incurred in procuring his conviction, and in cases of felony to make payment of a sum not exceeding £1CO, as compensation for any loss of property caused by such felony. He cannot sue for any property, debt, or damage. While he is a convict undergoing any imprisonment, her majesty may appoint paid administrators to take charge of his property at the convict's expense, to deal with the property, and pay debts, and do what is needful. They may also pay out of his prop erty satisfaction for any loss cr injury suffered by third parties in consequence of his criminal or fraudulent acts, though no proof of such criminal or fraudulent acts may have been made in any court of law. They may also make allowances to support the
convict's family. If the crown does not appoint an administrator, justices of the peace may appoint interim curators, if satisfied that it will benefit the convict or his family, or the due administration of his property and affairs. Should any person intermeddle with the convict's property, the attorney-general or next of kin might call them to to account. When the convict ceases to be such, by the expiration of his sentence, then the administrators or curators are to account to him for all his property, or rather the surplus, like any other guardians appointed by law. If during the sentence any prop erty be acquired by the convict, it is not to vest in the administrators, but is to be his own, as in other ordinary cases.
The old consequence of A.— viz., corruption of blood, is anxiously and learnedly treated of in old lawbOoks, and in Blackstone's Commentaries; but the ancient law on the subject had been so much narrowed in its application by modern legislation as to have lost much of its importance; and, indeed, this doctrine of corruption of blood was in modern times always' looked upon as a peculiar hardship, at least as regards the familj of the offender; and now, by the statutes 54 Geo. III. c. 195, already referred to, 3 and 4 Will. IV. c. 106, and 13 and 14 Viet. c. 60, whatever savored of inhumanity or harshness under the ancient system has been effectually removed; in fact, it is now enacted that, even with the cases of treason and murder, the law of corruption of blood, so far as the family of the offender are concerned. has ceased to form part of the law, Besides A. by the operation of law as above staled, there have been frequent instances of attainders by express legislative enactment, as to which see BIM. OF ATTAINDER.
The Scotch law of A., consequent on a conviction for treason, corresponds to the English doctrine; and although the word A. is not a Scotch technical term in regard to crimes other than treason, the forfeitures consequent on conviction and judgment are very much the same as the English.