FOREIGN ATTACHMENT may have reference either to person or property. A defendant Who has been arrested or attached in a foreign country, may be again arrested in England on the same ground of action. Thus, where a defendant had been arrested abroad on an English judgment, and escaped and came to England, the court of queen's bench decided that he may he holden to bail in an action on the judgment. But after an arrest in Ireland or Scotland, the defendant, cannot, in general, be again arrested is England for the same debt, neither of these countries being deemed to that effect (Wharton's Die.). Under the same name, a proceeding for securing the debts due • to the defendant has been immemorially used in the cities of London and Bristo! (Stephen's Com. iii. p. 663, note); and by the C. L. P. act of 1854, a similar proceeding has been adopted, but with this difference, that whereas by a F. A. in the lord mayor's
courts, debts are attached for the purpose of compelling the defendant to appear and in bail to the action, no such proceeding can take place in the common-law courts after judgment. See GARNISHMENT. In Scotland, where a creditor may both incan cerate a debtor and attach his effects, an English creditor may attach the property of his debtor, though lie has imprisoned him in England. See ATTACHMENT, APPREHEND, ARREST, FOREIGN COURTS. The corresponding phrase in Scotland is arrestment, which has reference both to person and goods, and is a proceeding at common law applicAle to the whole country. As to the validity of a Scotch arrestment ad fundandain juris dictionem, to enable the Scotch courts to proceed against a foreigner though absent, see the recent appeal case of the London and North Western Railway co. v. Lindsay, Mac qtteen, iii. p. 99.