(a privative, and ῥοῦσθαι, a nourishment), in Medicine, a disease in which the body does not receive the necessary nutriment from the blood, but wastes and decays incessantly.
**ATROPUS,** in Heathen Mythology, the name of the third of the Parcae or Fates, whose business it was to cut the thread of life.
**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.
The county courts in this respect are regulated by the 9th and 10th Vict. cap. 95, § 113; and the 12th and 13th Vict. cap. 101, § 2.
The following are the ordinary instances of contempts:
1. Contempt of the Queen's writs, e.g., by witnesses not attending in pursuance of their subpoena on the trial to give evidence, and being unable to show any lawful ground of excuse (such as that of dangerous illness), or by parties proceeding in an inferior court after a prohibition or a certiorari.
2. Contempt in the face of the court.
3. Contemptuous words or writings concerning the court.
4. Contempt of the rules or awards of the court, by disobedience thereto. Under this head may be introduced the mode of punishing a party for the non-performance of an award by attachment. The first instance, it appears, of granting an attachment in such a case was in the reign of Charles II., when Kelynge was chief-justice, in Sir John Humble's case. The submission must be made a rule of court and be served on the party with an oral demand of performance of the award. An affidavit of the due execution of the award by the arbitrator is necessary, and it must be shewn that the award was made within the time limited for that purpose. There is, however, another mode of proceeding where the payment of money or of costs is awarded, by rule under the 1st and 2d Vict. cap. 110, § 18, and under which execution will issue. But an attachment cannot be obtained after proceedings under this statute.
5. Abuse of the process of the court, as suing out execution where there is no judgment, or using it in a vexatious, oppressive, or unjust manner, without colour of serving any other end thereby.
6. Forgeries of writs and other deceits tending to impose on the court, by altering the teste or filling them up after being sealed.
Attachments also lie against officers of the court for abuses committed by them; against sheriffs or other officers guilty of corrupt practice in not serving a writ, receiving a bribe in order to prevent the service, making false returns, or for exceeding their power; against attorneys for injustice or for delaying suits.
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 (See order 168 of Hilary Term, 1853). 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 judgment according to their discretion, in the same manner as upon a conviction for a misdemeanour at common law.
Attachment out of Chancery, is used to enforce answers and obedience to decrees and orders of that court, and is made out without order upon an affidavit of the due service of the process, &c., with whose requirements compliance is sought. A corporation, however, is proceeded against by distringers and not by attachment.
Attachment of the Forest, is the proceeding in the courts of attachments, woodmote, or forty days' courts. These courts have now fallen into absolute desuetude. They were held before the verderors of the royal forests in different parts of the kingdom once in every 40 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 verderors 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, a local custom in some parts of England resembling the practice of arrestment in Scotland, is the attachment of money or goods found within a liberty or city, to satisfy some creditor within such liberty or city. But it cannot be obtained where a suit is pending in any of the courts at Westminster, nor can money due to an executor or administrator as such be attached, nor trust money, nor money awarded under a rule of court. By the custom of London, and several other places, a man can attach money or goods in the hands of a stranger, to satisfy himself. (It M—M.)