Attachment is used in Chancery, if the defendant, on service of the subpoena, fails to appear within the time limited by the rules of the court. It is a writ of the nature of a capias, directed to the sheriff, and commanding him to attach the defendant, and bring him into court. If the sheriff returns non est in ventus, then there issues an attachment with procla mations; which directs the sheriff to make public proclamations to summon the defendant, upon his al legiance, personally to appear and answer. If the defendant still persists in contempt, a commission of rebellion is awarded against him, and four commis sioners are named, any one of whom is to attach him wheresoever he may be found in Great Britain, as a rebel and contemner of the king's laws and govern ment. If a non est inrenlus is 'returned upon this commission of rebellion, the court then sends a ser jeant at arms in quest of him; and if he still eludes the search, a sequestration issues to seize all his per sonal estate, and the profits of his real, to be detained, subject to the order of the court. After the issuing of an order for sequestration, the plaintiff's bill is to he taken pro eonfesso, and a decree made accordingly; the sequestration being only intended to enforce per formance of the decree.
If the defendant is taken up upon any of this pro cess, he is to be committed to the Fleet, or other prison, until he appears, or answers, or performs. whatever else this process is issued to enforce, and also clears his contempts, by paying the costs incur red by the plaintiff.
A writ of attachment, or pone (so called from the words of the writ, pone per vadium et salvos &c.) is a writ, not issuing out of Chancery, but out of the court of Common Pleas, founded on the non appearance of the defendant at the return of the ori ginal writ ; whereby the sheriff is commanded to at tach him by taking gage, that is certain of his goods, which shall be forfeited if he does not appear; or by making him find safe pledges, or sureties, for his ap pearance. This process is also used, without any previous summons, upon actions of trespass vi et ar mis, or other injuries importing a breach of the peace, as deceit and conspiracy.
In case the defendant neglects to arTear, the at tachment is followed up by a writ of distringas, or distress infinite; and, in certain cases, a capias issues against the defendant's person. See Din itEss and CAMAS.
Foreign attachment, is an attachment of the goods of foreigners, found within some liberty, for the sa tisfaction of their creditors residing within such li berty.
By the custom of some places, as London, &c. a man may attach money or goods in the hands of a stranger. But no foreign attachment can be had, while a snit is depending in any of the courts at West minster. And no attachment can be had, but for a
certain and due debt ; although, by the custom of London, money may be attached before the term of payment, but not levied until due.
Foreign attachments in London, upon plaints of debt, are made in the following manner : A. owes B. 4'100; and C. is debtor to A. in the like sum. B. enters an action against A. for .4100; and by virtue of that action, a serjeant attaches .R100 in the hands of C..as the money of A. to the use of B. which is returned upon that action.
After the attachment has been made and returned by the serjeant, the plaintiff must fee an attorney, before the next court holden for the Compter; or the defendant may then put in bail to the attachment, and non-suit the plaintiff. Four court-days must elapse, before the plaintiff can call upon C. the gar nishee, to shew cause why B. should not condemn the R100 attached in the hands of G. as the money of A. the defendant. And the garnishee may appear by his attorney, and plead that lie hath no money of the defendant's in his hands, or other special matter. But the plaintiff may hinder his waging of law, by producing two sufficient citizens to swear that the garnishee had either money or goods belonging to A. in his hands, at the time of the attachment ; of which affidavit must be made before the Lord Mayor, and when filed, may be pleaded by way of estoppel.
If the . garnishee neglects to appear by his at torney, after being warned by the officer, he is taken by default, for want of appearing, and judgment given against him; for which he has no remedy either at common law or in equity. But if the garnishee does appear and plead, the matter will then be tried by a jury, and judgment awarded, &c.
After trial, bail may still be put in, whereby the attachment shall be dissolved ; but the garnishee and his securityZshall then be liable for whatever sum the plaintiff shall make out to be due upon the action. An attachment is never thoroughly perfected, until there is a bail and satisfaction upon record.
Attachment of privilege, is where a person, by vir tue of his privilege, calls another into that court to which he himself belongs, there to answer some ac tion. Or, it signifies the power of attaching a man in'a place privileged.
Corporation-courts have sometimes the privilege, by charter, of issuing attachments ; and some baron. courts issue attachments of debt.
Attachments, court nf, IVood-mote, or forty-day's court, is one of the forest-courts, instituted for the ,purpose of enquiring into all offenders against vert and venison. Sec Coun'rs qf Forest. Blackst. Com ment. Jacob's Law Diet. (z)