Page:Encyclopædia Britannica, Ninth Edition, v. 3.djvu/63

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ATR—ATT
51

name of acute yellow atrophy of the liver, that organ under goes such rapidly destructive change as results in its shrinking to half, or one-third, of its normal size in the course of a few days. The term progressive muscular atrophy (synonyms, wasting or creeping palsy) is applied to an affection of the muscular system, which is characterised by the atrophy and subsequent paralysis of certain muscles, or groups of muscles, and is associated with morbid changes in the anterior roots of the nerves of the spinal cord. This disease begins insidiously, and is often first observed to affect the muscles of one hand, generally the right. The attention of the sufferer is first attracted by the power of the hand becoming weakened, and then there is found to be a wasting of certain of its muscles, particularly those of the ball of the thumb. Gradually other muscles in the arms and legs become affected in a similar manner, their atrophy being attended with a corresponding diminution in power. Although sometimes arrested, this disease tends to progress, involving additional muscles, until in course of time the greater part of the muscular system is impli cated, and a fatal result ensues. (j. o. A.)


ATROPOS (a priv., and [Greek], to turn), the eldest of the three Moirai, Parcas, or Fates. Her name, The Unalter able, indicates the part generally played by her, viz., that of rendering the decisions of her sisters irreversible or immut able. This is the function ascribed to her by Plato (JKep., x. 620), who also assigns to her supremacy over future events (617). Ancient authorities, however, are not unanimous in their distribution of the parts of the three sisters. Atropos is most frequently represented with scales, a sun-dial, or a cutting instrument, the " abhorred shears," with which she slits the thin-spun thread of life that has been placed on the spindle by Clotho and drawn off by Lachesis. See PARCÆ.


ATTACHMENT, in English Law, is a process from a court of record, awarded by the justices at their discretion, on a bare suggestion, or on their own knowledge, and is properly grantable in cases of contempt. It differs from arrest, in that he who arrests a man carries him to a person of higher power to be forthwith disposed of ; but he that attaches keeps the party attached, and presents him in court at the day assigned, as appears by the words of the writ. Another difference is, that arrest is only upon the body of a man, whereas an attachment is often upon his goods. It is distinguished from distress in not extending to lands, as the latter does ; nor does a distress touch the body, as an attachment does. Every court of record has power to fine and imprison for contempt of its authority. Attachment being merely a process to bring the defendant before the court, is not necessary in cases of contempt in the presence of the court itself. Attachment will be granted against peers and members of Parliament, only for such gross contempts as rescues, disobedience to the Queen s writs, and the like. Attachment will not lie against a corporation. The County Courts in this respect are regu lated by the 9 and 10 Viet. c. 95, 113, and the 12 and 13 Viet. c. 101, 2. They can only punish for contempts committed in presence of the court. (See CONTEMPT OF COURT.) Attachments are granted on a rule in the first instance to show cause, which must be personally served before it can be made absolute, except for non-payment of costs on a master s allocatur, and against a sheriff for not obeying a rule to return a writ or to bring in the body. The offender is then arrested, and when committed will be compelled to answer interrogatories, exhibited against him by the party at whose instance the proceedings have been had ; and the examination when taken is referred to the master, who reports thereon, and on the contempt being reported, the court gives iudgment according to its dis cretion, in the same manner as upon a conviction for a misdemeanour at common law. Sir W. Blackstone observes that " this method of making the defendant answer upon oath to a criminal charge is not agreeable to the genius of the common law in any other instance," and it may be added that the elasticity of the legal definitions of contempt of court, especially with respect to com ments on judicial proceedings, is the subject of much com plaint.

Attachment out of Chancery enforced answeis and obedience to decrees and orders of that court, now merged in the High Court of Justice under the Judicature Act, 1873, and was made out without order upon an affi davit of the due service of the process, &c., with whose requirements compliance was sought. A corporation, how ever, is proceeded against by distringas and not by attach ment. It was formerly competent to the plaintiff to compel the appearance of a defendant in Chancery by attachment, but the usual course was to enter appearance for him in case of default. By the proposed rules under the Judicature Act, 1873, a writ of attachment is to have the same force and effect as the old attachment out of Chancery. It is one of the modes of execution allowed for the recovery of property other than land or money.

Attachment of the Forest is the proceeding in the Courts of Attachments, Woodinote, or Forty Days Courts. These courts have now fallen into absolute desuetude. They were held before the verderers of the royal forests in dif ferent parts of the kingdom once in every forty days, for the purpose of inquiring into all offences against " vert and venison." The attachment is by the bodies of the offenders, if taken in the very act of killing venison, or stealing wood, or preparing so to do, or by fresh and immediate pursuit after the act is done ; else they must be attached by their goods. These attachments were received by the verderers and enrolled, and certified under their seals to the Court of Justice seat, or Sweinmote, which formed the two superior of the forest courts.

Attachment, Foreign, is an important custom prevailing in the city of London, whereby a creditor may attach money owing to his debtor, or property belonging to him in the possession of third parties. The person holding the pro perty or owing the money must be within the city at the time of being served with the process, but all persons are entitled to the benefit of the custom. The plaintiff having commenced his action, and made a satisfactory affidavit of his debt, is entitled to issue attachment, which thereupon affects all the money or property of the defendant in the hands of the third party, who in these proceedings is called the garnishee. The garnishee, of course, has as against the attachment all the defences which would be available to him against the defendant, his alleged creditor. The garnishee may plead payment under the attachment, if there has been no fraud or collusion, in bar to an action by the defendant for his debt or property. The court to which this process belongs is the Mayor s Court of London, the procedure in which is regulated by 20 and 21 Viet. c. 157. This custom, and all proceedings relating thereto, are expressly exempted from the operation of the Debtor s Act, 1869. Similar customs exist in Bristol and a few other towns in England, and also in Scotland. See ARREST and ARRESTMENT.

Attachment of Debts.—It was suggested by the common law commissioners in 1853 that a remedy analogous to that of Foreign Attachment might be made available to creditors, after judgment, against debts due to their debtors. Accordingly, the Common Law Procedure Act, 1854, enacted that any creditor, having obtained

judgment in the superior courts, should have an order that