Attaint

Attainted, stained, or blackened. A writ which lies to inquire whether a jury of twelve men gave a false verdict. Bracton, lib. 4, tr. 1, c. 134; Fleta, lib. 5, c. 22, § 8. This latter was a trial by jury of twentyfour men impanelled to try the goodness of a former verdict. 3 Bl. Comm. 351; 3 Gilb. Ev. (Lofft Ed.) 1146. See "Assize."

Attainted, stained, or blackened. A writ which lies to inquire whether a jury of twelve men gave a false verdict. Bracton, 1. 4, tr. 1, c. 134; Fleta, 1. 5, c. 22, § 8. Formerly the jury were rather witnesses thai judges; a false verdict would be perjury. The aggrieved party procured a writ of attaint. The case was tried before 21 jurors, usually knights. The penalty on conviction was one year's imprisonment, forfeiture of goods, etc. Its origin is uncertain; it appears on the record of the King's Court in 1202. It was limited to the possessory assizes (see Assize of Novel Disseisin), but by 1360 it had been extended to all classes of cases. It came to be the rule that the attaint jury must have before it the evidence on which the first jury founded its verdict, but the first jury could produce new evidence. Before 1565 it was seldom in use; it was abolished in 18^5. 1 Holdsw. Hist. E. L. 161.

In old English law. A writ which lay to inquire whether a jury had given a false verdict, in order that the judgment might be reversed. The inquiry was made by a grand assise or jury of twentyfour, and if they found the verdict false, the judgment was that the jurors should become infamous, forfeit their goods and the profits of their lands, and be imprisoned, that their wives and children should be thrust out of doors, that their houses should be razed, their trees extirpated, and their meadows ploughed up, and that the plaintiff should be restored to all that he lost by the verdict

In old English practice, A writ which lay to inquire whether a jury of twelve men had given a false verdict, in order that the judgment might be reversed. 3 Bl, Comm. 402; Iraet. fol. 2886-292. This inquiry was made by a grand assise or jury of tryenty-four persons, and, if they found the verdict a false one, the judgment was that the jurors should become infamous, should forfeit their goods and the profits of their lands, should themselves be imprisoned, C and their wives and children thrust ont of doors, should have their houses razed, their trees extirpated, and their meadows plowed up, and that the plaintiff should be restored D to all that he Jost by reason of the unjust verdict. 3 Bl, Comm. 404; Co. Litt. 2946. A person was said to be attaint when he was under attainder, (g. v.) Co. Litt. 3906.

An old writ brought for the reversal of an improper verdict. The action was tried by a jury of twenty-four men; and if the first verdict found

[L. Fr. atteynte; L. Lat. attincta.] In old English practice. A writ which lay to inquire whether a jury of twelve men had given a false verdict, in order that the judgment might be reversed. 3 Bl. Com. 402. Bract. fol. 288 b—292. Britt. c. 98. Reg. Orig. 203 b—205, et passim. F. N. B. 105 G. This inquiry was made by a grand assise or jury of twenty-four persons, and if they found the verdict a false one, the judgment was that the jurors should become infamous, should forfeit their goods and the profits of their lands, should themselves be imprisoned, and their wives and children thrust out of doors, should have their houses razed, their trees extirpated, and their meadows ploughed up, and that the plaintiff should be restored to all that he lost by reason of the unjust verdict. 3 Bl. Com. 404. Co. Litt. 294 b. Bract. fol. 292 b. This punishment was afterwards modified by statute, but the writ of attaint remained in force, (though quite fallen out of use,) till abolished by the statute 6 Geo. IV. c. 50, s. 60. 3 Steph. Com. 627, note (z).

English law, 1. Attinctus, attainted, stained or blackened. 2. A writ which lies to inquire whether a jury of twelve men gave a false verdict. A verdict cannot be attainted by less than twelve men. Bract. lib. 4, tr. 1, c. 134; Fleta, lib. 5, c. 22, § 2.