Page:Black's Law Dictionary (Second Edition).djvu/111

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


the time of payment of a debt. 51‘. Westni. 2, c. 4; Cowell; Blount.

ATTERMINING. In Old English law. A putttug on‘; the granting of a time or term, as for the payment of a debt. Cowell.

ATTERMOIEMENT. In canon ll1W. A making terms; a conipositiun, as with cred- itors. 7 Low. Can. 272, 306.

ATTEST. To witness the execution of a written il.iSl.l‘lll.|l(-!l.ll;, at the request of him \\ ho iiiakes it, and subscribe the same as a “(bite v. Magai-ahan, 87 Ga. 217, 509; Logwuool v. liussey, (30 Ala. - Arrington v. Arrington, 122 Ala. 510. 26 South. .152. This is also the technical word by which, in the practice to many of the Suites, a certifying officer gives assurance of the gennineness and correctness of a copy.

An "attested" copy of a document la one which has been examined and compared with the uriginai, \\ith a certificate or memoran- rlnni of its correctness, signed by the poisons who have examined it. (loss, etc., Co. v. I"c-opic, 4 Iii. App. 515: Donaldson v. Wood, -.2 Went]. 1N. Y.) -100: Gerner v. Mosher, 58 .\:|J. 1.25, 78 N. W. 354, -16 L. R. A. '.’.-J.-L

ATTESTATION. The act of witnessing an instrument in Writing, at the request of the party making the same, and subscribing it as a witness. See A'IrEs'r.

Erccutiait and attestation are clearly dis- Llncl, formalities; the former being the act of the pm in, the iatter of the witnesses only. —Af.testa.tion clause. That clause wherein the ii-itiitssts ccrlity that the instrument has bu-an executed before them, and the manner of live eymlioii of the sume.—Attesting wit- nen. Une who signs his nauie to an instru- llodlil at the reqntst of the pai'ty or parties for ma pan.-rso ct‘ proiing and ilICI.l|.|[_\iElg it. . \in' net‘ I. bible Soc. 92 \\is. 203, 1:5 N. \-V. iU'ai.

ATTESTOR OF A CAUTIONER. In Scot-.| pl'.1('ti(.e. A person who attests the nixiil.-ucy of a cautioncr, and agrees to he- waie subsidioi-ie liable for the debt. BelL

ATTILE. In old English law. tackle. Coweh.

Rigging ;

ATTORN. In feudal law. To transfer or win o\ er to another. Where a lord aiien- od his seigalory, he might, with the consent of the tenant, and in some cases without, auorn or transfer the homage and service of the latter to the aiienee or new lord. Bract. (nls Hit}, 82.

In modern law. To consent to the transl'-‘: uf a tent or reversion. A tenant is said [u ulmrn when he agrees to become the tennut of the person to whom the reversion has been granted. See ATTOBNMENT.



ATTORNARE. In feudal law. To attorn; to transfer or turn over; to appoint an attorney or substitute.

—-Attornax-e rem. To turn over money or

goods, i. e., to assign or appropriate then: to some particular use or service.

ATTORNATO FACIENDO V]-IL RE- CIPIENDO. In old English law. All oh- suiete \\l‘ll;, which commanded a sheriff or steward of a county court or hundred court to receive iind admit an attorney to appear for the person who owed suit or court. Fitzh. i\'at. Brev. 156.

ATTORNE. L. Fr. In old Eugiish law. An attorney. Britt. c. 126. ATTORNEY. In the most generai sense

this term denotes an agent or substitute. or one who is iippiiinted and authorized to act in the place or stead of another. In re Richer, 66 N. H. 207, 29 Atl. 55!], 24 L. IL A. 740: Eichelberger v. Sifford. 117 Md. .320.

It is "an ancient English word, and signi- fieth one that is set in the turue stead, or piace of another: and of these some he pri- vate * ‘ ' and some be puhlike, as at- lorneys at law." Co. Litt. 51b, 12Su; Biitr. 2350.

One who is appointed by another to do something in his absence, and who has authority to act in the place and turn of him by whom he is delegated.

When used with reference to the proceedings of courts, or the transaction of business in the courts, the term always means "attorney at law," q. 1;. And see Peoiiie v. May, 3 I\Ii(;h. (505: Kelly v. Herb, 147 Pu 563, Zi Ati. 8.51); Cla '1; v. Morse, 16 La. U

—Attax-ney ad him. See An Hoc.—Attox-- ney at large. In aid practice. An attorney who practised in all the courts. Cowell.—Attnrney in feet. A private attorney authoriz- ed by another to act in his piace and stead, either for some particular purpose, as to do a particuiar act, or for the transaction of busi- ucss in general, not of a legtii character. This authority is conferred by an instrument in Vl.’l'ItIl.lg. called a "ietter of attorney,” or more commonly 1!. "power of attniney." t v. Toiman, 113 Fed. 893, 51 C. C. A. 5 v. Sawyer, 47 Barb. (N Y.) 11 : Wl.iite V. Furgzcsoizi. 39 Ind. App. 14-1, 0-1 1\'. E. 49.—Attot-ney of record. The one whose name is enteroil on the record of an action or suit as the attorney of u desiguatell patty thereto. De- ianey v. ilusband, 64 N. J. Law. 2'75. 45 At]. %5 -—Attorney of the wards and liveries. In Ilntviish law. This was the third officer oi the duchy coun. Bac. Abr. "Attorney."- Pitlilio attorney. This name is sometimes given to an attorney at law, its distinguished froui a private attorney, or attomcv in fact.- Attoz-ney’o certificate. In Ihigiish law, A certificate that the attorney named has paid the annual tax or duty. This is required to be taken out every year by all practising attorneys under a penalty of fifty pounds.—Attorney’s lien. See LiJ:N.—Letter of attorney. A power of attorney; a written instrument by which one person constitutes another his true and lawful attorney, in order that the ixitter may do [or the former, and in his pliice and



..-. to