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Attaint

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

[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).