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Attachment

defendant, process, court, property, london and customs

ATTACHMENT. Taking into the custody of the law the person or property of one already before the court, or of one whom it is sought to bring before it. , A writ for the accomplishment of this pur pose. This is the more common sense of the word.

It is in its nature, but not strictly, a pro ceeding in rem; since that only is a proceed ing in rem in which the process is to be serv ed on the thing itself, and the mere posses sion of the thing, by the service of process and making proclamation, authorizes the court to decide upon it without notice to any individual whatever ; Drake, Att. § 4 a; Me gee v. Beirne, 39 Pa. 50 ; Bray v. McClury, 55 Mo. 128.

Of Persons. A writ issued by a court of record, commanding the sheriff to bring be fore it a person who has been guilty of con tempt of court, either in neglect or abuse of its process or of subordinate powers; 3 Bla. Corn. 280 ; 4 id. 283; or disregard of its au thority in refusing to do what is enjoined; 1 Term 266 ; or by openly insulting the court; 4 Bla. Corn. 283 ; 3 id. 17. It is to some ex tent in the nature of a criminal process; Stra. 441. See State v. McDermott, 10 N. J. L. 63 ; Bacon v. Wilber, 1. Cow. (N. Y.) n.; 1 Term 266.

See ARREST.

Of Property. A writ issued at the tion or during the progress of an action, com manding the sheriff or other proper officer to attach the Property, rights, credits, or ef fects of the defendant to satisfy the demands of the plaintiff.

It is a process which secures jurisdiction of the defendant, not by personal service, but by the seizure of his property. It may be either a foreign attachment, which is found ed upon the absence or nonresidence of the defendant, or a domestic attachment, which, under various state statutes, is provided for, either as the beginning, or in the course of a suit. The proceedings in both classes of cases are usually, in substance, the same. The origin of the law of attachment, as administered in the United States, is found in one of the customs of London, "which is agreed by all authorities to have a very an cient existence." Drake, Att. § 1. With oth

er customs of London, it has, from time to time, been confirmed by Royal Charter and Acts of Parliament, and is declared "never to become obsolete by non-user or abuser" ; id. The authority cited notes the curious fact respecting the customs of London that they were certified and recorded by word of mouth, and that the mayor and aldermen should declare whether the things under dis pute were a custom or not, and that having been once recorded, they were afterwards to be judicially noticed. Locke, in his treatise on Attachment, according to the custom of London, attributes its origin to the Roman Law, quoting from Wilson's Adams, Rom. Antiq. 194, in support of his theory and pas sage, which is reproduced in a note to the section of Drake cited. In that and the sub sequent sections will be found what is known of the remedy thus derived, which, as is there suggested, was found peculiarly adapt ed to our circumstances in the United States growing out of the division of the country into states, each sovereign, the unrestrained opportunity of transit from one to another and the expansion of credit and abolition of imprisonment for debt. All of these causes contributed to the adoption of a system of remedies for acting directly upon the prop erty of debtors. The proceeding appears to be devoid of almost every feature of a com mon law proceeding, there being no service of process on the defendant, the seizure of his property in limine, and not under execu tion, and the appropriation of debts due to the defendant for the payment of his own debt, as well as the provision for the protec tion of the defendant by pledges to refund the amount so collected, if, within a speci fied time, there be an appearance and the debt be disproved ; id. § 4. See CUSTOMS or