Attachment of Vessel in United Kingdom

Meaning of Attachment of Vessel

The following is an old definition of Attachment of Vessel [1]: Allowed after libel filed for work done, materials or supplies furnished, wharfage due, etc., and is upon the interest of the owner or part-owner. Domestic attachment. Issues against a resident of the State who is charged with fraud in contracting a debt or with remaining absent or absconding to defraud his creditors. Foreign attachment. Issues against a non-resident who evades service of process – in the view that a levy and sale of his property will serve the purpose of an appearance by him and meet the ends of justice. A “foreign attachment” is a suit against a personal defendant by name; and, because of inability to serve process on him on account of non-residence, or for other reason mentioned in a statute, the suit is commenced by a writ directing the proper officer to attach suflcient property of the defendant to answer any judgment that may be rendered against him. It is like an admiralty proceeding in rem. The foundation of the proceeding is that the defendant is beyond, while his property is within, the reach of process. Attachment of property was introduced at an early date in London, chiefly to operate upon debtors who could not be arrested because not subject to jurisdiction. As these persons were ” foreigners ” the process was called forcing attachment or attachment of foreigners’ goods. Execution-attachment. An attachment in execution of a judgment. A proceeding in satisfaction of a judgment – by seizing property, rights, or credits in the hands of a debtor or bailee of the defendant. The proceeding of attachment of property was derived from the customary law of foreign attachment in London, legislatures having modifled the use of it, from time to time, as seemed proper. At first it was merely ancillary to other proceedings – in the nature of a proceeding in equity intended to enjoin a person from parting with the property of an absent debtor in order to compel the debtor’s appearance, and being, in default of an appearance, an adjudication of the property toward the liquidation of the demand. Proceedings by attachment are not purely in rem; they are rather proceedings against the interest of the defendant and those claiming under him. In New England attachment of a defendant’s property, rights, and credits is an incident to a summons in all actions based upon contract. Elsewhere, the writ seeoiB to issue only upon cause shown by affidavit, accompanied by a bond designed to secure the defendant in such damage as he may sustain on account of the proceeding. The ground upon which the writ may be obtained and the details of practice vary in the different States. Speaking generally, the remedy is allowed for an ascertainable amount due; the plaintiff acquires such rights as the defendant had at the time of the levy; the levy itself constitutes a lien; and attachments levied simultaneously share pro rata. In many States the defendant may substitute a bond with sureties, and thereupon resume possession of the property. An attachment is ” dissolved ” by final judgment entered for the defendant, or, on motion, for a substantial defect apparent upon the face of the proceedings. See Garnish; Orbe, 2, Charging; Receiptor; Res; Seizure.

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Notes and References

1. Concept of Attachment of Vessel provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)