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Encyclopedia Britannica



ATTAINT, WRIT OF

This article appears in Volume V02, Page 879 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: ARN-AUD
ATTAINT, WRIT OF , an obsolete method of
procedure
  in
English
  law, for inquiring by a jury of twenty-four whether a false
verdict
  had been given in a trial before an
ordinary
  jury of twelve. If it were found that an erroneous judgment had been given, the wrong was redressed and the
original
  jury incurred infamy, with imprisonment and
forfeiture
  of their goods, which punishments were, however, commuted later for a pecuniary
penalty
 . In criminal cases a writ of attaint was issued at suit of the king, and in civil cases at the suit of either party. In criminal cases it appears to have become obsolete by the end of the 15th
century
 .
Procedure
  by attaint in civil cases had also been gradually giving place to the practice of granting new trials, and after the decision in Bushell's
case
  in 167o (see JURY) it became obsolete, and was finally abolished by the Juries Act 1825, except as regards jurors guilty of
embracery
  (q.v.).


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