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19th of November, and the attach- the court (of K. B.) will only rement not sued out and served on lieve him upon paying the whole the sheriff until the 9th of March debt and costs, and not merely the following, the court (of C. P.) held sum sworn to and costs. Heppel v. the sheriff discharged, and set aside King. 7 Terim Rep. 370. the attachment. R. v. Perring. 321. If the sheriff discharge the defendBos. $ Pull. 131.

ant without taking a bail-bond, the 15. Where bail are put in after at- court will not permit the defendant

taching the sheriff, and a trial has to file common bail ou paying the not been lost, the court will set aside sum sworn to, if the plaintift' have the attachment; for in this case any claim on him beyond that sum. the plaintiff is not entitled to the Stevenson v. Cameron. 8 Term Rep. benefit of it as a security in case he 28. should recover. Secus if a trial 22. An attachment against the sheriff has been lost. Hill v. Bolt. 4 T. granted on the 24th of January, was Rep. 332. Gravett v. Williains. 4 set aside (in K. B.) for irregularity, Term Rep. 352, n.

Callan v. Tye.

he having been ruled to bring in the 2 H. Black. 235.

body on the 23d of November pre16. Upon an application to set aside ceding, which expired on the 28th,

an attachment against the sheriff and having put in bail above on the for not bringing in the body, bail 24th, though the time for putting it having been put in and no trial lost, in expired on the 22d ; and the dethe court require an affidavit of fendant being surrendered in dis. merits, if the application come charge of his bail on the 28th, withfrom the defendant, but not if it out the bail having justified. R. v. come bona fide from the sheriff. R. Middlesex Sheriff 7 Term Rep. v. Surry Sheriff.

Term Rep.

527. 239.

23. The rule of court of T. 33 G., 3, 17. But where such attachment has (as to rendering a defendant, seo

regularly issued, the court will on 5 Terin Rep. 368; the first rule no account relieve the sheriff, if it there) extends to the case of the appear that he let the defendant out sheriff. Term Rep. 527. of custody without taking from him 24. The court of K. B. determined, such a bail-bond as is required by that if the sheriff be once in con

the statute. 7 Term Rep. 239. tempt for not bringing in the body, 18. The sheriff is liable to an attach- that contempt is not purged by the

ment for not bringing in the body, defendant surrendering on a subseif the allowance of bail be not quent day; though before an atserved, though the bail justified. 4 tachment be moved for against the Term Rep. 493.

sheriff. R. v. Middlesec Sheriff, 19. The court will not discharge an (in Taylor v. Odlin.) 8 Terin Rep.

attachment against a sheriff' for not 29. returning a writ of execution, ex- 25. But in this the practice of K. B. cept upon payment of the whole differs (and so the court stated in debt and costs, and the costs of the the preceding case) from that of C. application, where there are cir- P., which latter determied, that. eumstances attending the transac- though the rule to bring in the botion which induce a suspicion of dy has expired, yet if the defendfraud in the party obtaining a prior- ant justify bail, before the plaintiff ity in execution, or in the sheriff's moves for an attachment against bailiff. R. v. Middlesex Sheriff 1 the sheriff, it is in time to prevent II, Black. 543.

the attachment. Thorold v. Fisher. 20. After an attachment against the 1 H. Black. 9. sheriff for not hringing in the body, 26. In the court of C. P. bail were

38.

allowed to justify after the rule on if the rule to bring in the body isthe sheriff had expired, on payment sues before the time for putting in of the costs of the opposition. Wed- bail has expired, yet if the sheriff

dall v. Beyer. 1 Bos. f' Pull. 325. negleet to apply to the court in due 27. And in the same term, that court time to set aside the attachment,

allowed the defendant to justify the irregularity is waived. Rolfe bail, after an attachment issued a- v. Steele. 2 H. Black. 276. gainst the sheriff, but gave leave to 33. Where a rule to bring in the body the plaintiff to oppose them without expires on the last day of term, prejudice. Williams v. Waterfield. plaintiff may at the rising of the i Bos. & Pull. 334.

court on that day, move for an at28. And where bail were brought up tachinent, which may be according

on the same day on which an at- ly issued on the following day, protachment had been obtained against vided bail shall not then be perfectthe sheriff, that court permitted the ed, or the defendant surrendered. bail to justify and set aside the at- Reg. Gen. 1 Bos. 8. Pull. 312. tachment, on payment of costs: and 3t. If the affidavit upon which a moas the rule for the attachment had tion for attachment be founded, not been drawn up, the costs given merely state that the officer of the were ovly those of preparing it. sherilt was served with a copy

of Turner v. Bristow. 2 Bos. 8. Pull. the rule to bring in the body, but

do not add that the original rule 29. The court of K. B. holds, that was shewn to him, the court will

where bail are put in, in due time, an set aside the attachment. Barnard exception must be entered before v. Berger. New Rep. 121. the sheriff can be ruled to bring in 33. The rule for an attachment athe body: and that the adding bail gainst the sheriff, twenty days after afterwards, does not supersede the service of the former rule, applies necessity of such exception, before only to cases of writs, and not to an attachment can issue against the the bringing in of the body of the sheriff on account of the added bail defendant. Franklain v. Lamb. 1 not having justified in due time. R. Johns. Rep. 508.

V. Middlesex Sheriff 8 T Rep. 258. 36. A rule for an attachment against 30. Where an exception to bail was a sheriff for not returning an exe

regularly entered, and the defend- cution delivered to his deputy, was ant's attorney having verbal notice granted, though twelve years had of it, proceeded by giving notice elapsed since the execution was isof justification, and attempting to gued. Brockway v. Wilber. 5 justify, yet the court (of C.P.) held, Jons. Rep. 336. that notice in writing of such ex- 37. An attachment against a sheriff ception, must have been given to for not bringing in the body of a demake the sheriff liable to an attach- fendant cannot be issued until 20 ment for not bringing in the body. days after service of a notice of a

Cohn v. Davis. 1 H. Black. 80. rule for that purpose. Stewart v. 31. So that court lield, that notice of Williams. 2 Johns. Cas. 71.

justification of bail is not such a waiver of the default of not giving III. Against privileged Persons. notice of exception, as to support a rule on the sheriff to bring in the 1. Attachment may issue against a body; though it is a waiver as be- peer for contempt, and against the tween the plaintiff' and defendant. chancellor for not returning a fieri Pngers v. Napleback. 1 H. Black. fa. de bonis ecclesiastisis. The King 106.

v. The Bishop of Asaph. 1 Vilson, 32. The court of C. P. held. that 332,

though an atiachment as irrey ular,

2. It will not be granted in a doubt- turn, though the original process ful matter where the party may was at a day certain.

The King have his remedy by action. Hur- v. Wilkins. 1 Str. 624. rington v. Jennings. Lofft, 188. No attachment on affidavit to a

Attachment granted against an rescue without a return to a ca. sa. attorney for altering a mandamus.

Sheathen y.

Holt. 1 Str. 531. 2 Certiorari refused on indictment for Salk. 586. forgery. King v. Elford. 2 Str. 8. The King's Bench will grant an 877.

attachment against the judge of an 4. The court will not grant an at

inferior court for misconduct. tachment against a peer for not It is misconduct to sit as a judge in a paying money awarded, though the cause in which he is a party. defendant consent that it shall is. Wright v. Crump. 2 L. Raymond, sue, on condition that it shall lie 166. 1 Salk. 201. Queen v. Hill. in the office for a certaiu time. Same point. 1 Salk. 396. Walker v. The Earl of Grosvenor. 9. Attachment granted for arresting Term Rep. 171.

a plaintiff while attending arbitra5. Nor against a member of parlia- tors under a rule of court, on pur.

ment. Catmur v. Sir E. Knatch- pose to prejudice his cause. But bull. 7 Term Rep. 448.

two days notice of bail on such at

tachment is not requisite, nor need IV. Against others for contempt. the bail justify. king v. Hall.

2 Blackstone, 1119. 1. Attachment granted against a wit- 10. Upon articles of the peace in K.

ness for not attending on a subpe- . B. bailable before justices of the na, but he ought to have a reasona- county. K. & Bomaster, g'c. ble time allowed. Hammond v. Black stone, 233. Stewart. 1 Strange, 510. The 11. An attachment granted against same point, Wyatt v. Winkworth. the prochein amy ofan infant (plain2 Strange, 810. 2 L. Raymond, tiff) for non-payment of costs after 1528.

judgment for the defendant. Slaughe2. But no attachment against a wit- ter v. Talbot. Willes, 190.

unless reasonable expencés 12. An attachment is grantable awere tendered him. Chapman v. gainst a man who escapes out of Pointon. 2 Strange, 1150.

confinement upon an attachment. 3. There must be personal service Anonymous. i L. Raym. 396.

on a witness to warrant an attach. 13. If B. R. confirms an order of sesment. Smalt v. Whitmill. 2 Str.

sions, it will compel obedience to it 1054.

by attachment. 4. Attachment against one for threat. But after it has been obeyed for some

ening a prosecution with danger of time, it will not grant an attachbeing hanged, but refused against meut against a man who disobeys the defendant, who indicted the it. Rex v. Inhabitantes of Mileprosecutor for perjury in his affida- end. 1 L. Raym. 676. vit on which the information was 14. Attachment absolute on ârst mo. granted. The King v. Carrol. 1 tion, and sheriff ordered to take Wils. 73.

posse. The King v. Jones. 1 Str. 5. Challenging the arrray of a spe- 18.3.

cial jury for defect of hundredors, 15. Attachment, alsolute in the first is a contempt of B. R. but challenge instance, for non-delivery of posses. ing the rolls is not.

The King v.

sion, pursuant to a rule of a court Burridge. 1 Strang, 593.

Davies on demise of Porey 8. Dopo 6. Attachment for a rescue must be 2 Black. 892.

made returnable at a general rc. 16. Attachment, absolute in the first

ness

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instance, granted against the coro- refuse to pay his moiety. Hicks v. ners, for not attaching the sheriff Richardson. 1 Bos. f: Pull. 93. pursuant to rule of court, and di- 25. An attachment may be granted rected to Elisors, to be named by for making an insufficient return to plaintiff, and approved by the Pro- the first writ of habeas corpus, withthonotary Andrews v. Sharp. 2 out issuing an alias and a pluries Black, 911. King v. Peckham. 2 writ. R. v. Winton. 5 Terin Rep. Black. 1218.

89. 17. The court will not grant an at- 26. The ten days after a demand of

tachment against an administrator costs under a recognizance taken for not performing a rule of court by virtue of stat. 5 W. and M. c. entered into by the intestate. New- 11, s. 2, 3, must elapse before an

ton v. Walker. Willes, 315. attachment can be granted against 18. Attachment against a bailiff for the party refusing to pay them. R.

refusing to make an affidavit of the v. Ireland. 3 Term Rep. 512. service of process, when required. 27. Though the plaintiff discontinue The King v. Rudge. 1 Blackstone, on the common rule on payment of 432.

costs, he is not liable to an attach19. For contemptuous words spoken iment for non-payment.

Stokes v. of the court, attachment

goes

with- Woodeson. Term Rep. 6. out a rule to shew cause. Anon. 1 28. Where plaintiff sued as a pauper, Salk. 84.

and defendant put off the trial on 20. On breach of a rule of reference undertaking to pay the costs of the

made at Nisi Prius to issue subpe- day, an attachment was granted by na in Chancery. Davila v. Alman- the court of C. P. for non-payment. 1 Salk. 73.

Rice v. Broun. 1 Bos. $. Pull. 21. Where a writ is directed to two,

there must be an attachment against 29. An affidavit to support a rule for both, though one is ready to obey. an attachment for a contempt must Case of the Bailiffs of Bridgenorth. state that the defendant was served 2 Str. 808.

personally with a copy of the rule, 22. No rule for an attachment (ei- and that the original was shewn to

ther in K. B, or C. P.) shall be ab- him at the same time. R. v. Smith.
solute in the first instance, except ies. 3 Term Rep. 351. (See ante
for non-payment of costs on an allo- 1.)
catur. Chaunt v. Smart. 1 Bos. 30. But where a mandamus has been
& Pull. 477.

granted for the election of a mayor 23. If a defendant in a penal action under stat. 11 G. 1, c. 4, s. 2; and

obtain a rule to stay proceedings on a rule made that public notice paying a sum agreed upon between should be affixed in the market him and the plaintiff, it is an under- place, which has been done accordtaking by him to pay that sum, and ingly, the court will grant an atfor the pon-payment of it the court tachment for disobeying the mandawill grant an attachment.

mus, against a member of the cort. v. Clifton. 5 Terun Rep. 257. poration who was served with a 24. If an arbitrator award, among copy of the rule, notwithstanding

other things, that each party shall neither the original mandamus or
pay a moiety of the costs of the ar- rule was shewn to him at the time;
bitration, and of making the sub- for the public notice directed by the
mission a rule of court ; and one act is prima facie sufficient. R. v.
party, in order to get the award out J. Edyvean. 3 Term Rep. 352.
of the hands of the arbitrator, pay 31. Though the application for the
the whole, he may have an attach- attachment would be well answered,
ment against the other party if he if the party could shew that he had

39.

King a.

no notice of the mandamus. 3 Term 4. When a defendant is brought up Rep. 352.

on an attachment for a rescue, it is 32. Where a rule had been granted the practice of the court to put in

for a quo warranto information a- terrogatories to him, though he do gainst A. as mayor of B, on the re- not deny the charge in the affidavits, lation of some of the corporators,

unless the prosecutor waive putting and another role in that cause for them. R. v. J. Horsley. 5 Term inspecting all the corporation books, Rep. 362. papers, &c. directed to the town 5. When an attachment issues in orclerk, an inspection of such only as re- der to compel a person to answer lated to the election and office of may- upon interrogatories, the name of or was held a sufficient compliance the cause must be inserted in the with the latter rule, so as to protect list of peremptory motions for the the town clerk from an attachment next term. Reg. Gen. 5 Term Rep. as for a contempt of the court, it 547, appearing that he had acted bona 6. Interrogatories to be exhibited to fide. R. v. G. Babb. 3 Terın Rep. a person, against whom an attach079.

ment has been ordered, must be 33. The court of C. P. refused to signed by counsel. Reg. Gen. ' 5 grant an attachment against a wit- Term Rep. 474. ness, for not obeying a subpæna to 7. Where a sheriff is brought up on attend at a trial; on the ground an attachment, the plaintiff must that the whole expences of the

file his interrogatories in four days; journey, and of the necessary stay at

and the sherift must enter into a rethe place of trial were not tendered cognizance to appear from day to at the time of serving the subpæna. day. Herring v. Tylee. 1 Johns Fuller v. Prentice. 1 H. Black. Cas. 31. 49. 34. A subpoena may be issued from VI. When refused, fc. ihe crown-office requiring a witness to attend at the assizes in the 1. For altering a sheriff's warrant, country to give evidence in support if no ill use be made of it, refused. of an intended prosecution for a Hale and Castleman. 1 Black. 2. felony: and the court of K. B. will 2. The master's report upon attachgrant an attachment agaiost him ment cannot be moved for on the for not attending in obedience to last day of the term, except upon the subpoena. R. y. G. Ring. 8 extraordinary cases, and personal Term Rep. 583.

service of notice. K. and Wheeler

i Black. 311. V. Interrogatories on.

3. An attachment goes of course for

non-performance of an award, and 1. On an attachment party not bound is now considered only as a civil to answer what may convict him of proceeding. Skipp v. Hastwood. another offence. The King v. Bar- Willes, 292. In notis. Lofft, 451. ber. 1 Strange, 444.

4. Attachment is never absolute in On attachment for a rescue, the the first instance where cause may defendant

may

be fined without an- be shewn. Anon. Lofft, 159. And swering interrogatories. K. &* El- Anon. Loft, 304. kins, i Blackstone, 640.

It is not in the nature of an original. B. On attachment, the defendant can- Anon. Lofft, 273.

not confess the contempt, and re- 5. But attachment of privilege in the ceive judgment, till after the inter- common pleas in the nature of an rogatories are filed. K. & Ed

original writ, and when it is replicurds & Symonds.

1 Blackstone, ed to save the statute of limitations,

637.

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