Page:Black's Law Dictionary (Second Edition).djvu/112

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ATTORNEY AT LAW

stead, some lawful act. People v. Smith, 112 Mich. 192 70 N. W’. 406. 67 Ai_u. ht. K/en. 392; Cir. Code 13. 1900. art. 3.950.

ATTORNEY AT LAW. An advocate, counsel, olhl.-ial agent employed- in preparing, miinu,,i.ug, and tryuig cases in the courts. .-in olhter in a Luurt of justlte, who is employed by :1 party in a cause to manage the same for him

In English law. An attorney at law “as a public officer belonging to the superior courts of Loinmon law at Westinlnstei‘, who conduct--(1 icgul pi-nu-Ldlu-gs on behalf of otheis. ulml 1 .— clleuis, by \\l|U!.ll he was returned; he ..u'-'\\ei'-=d to the solicitor in the courts »t‘ chancery and Lbe proctor of the adinli-..lt_r, .- \,it‘S|BStl(.'ill, probate, and divorce couits. .-in ..ttorney was almost invariably also a soliutur it is now provided by the judlcature =.ll.ll, 1-$7.3. § 87, that Sl)liLlt0lS, uttu:ue_. », ‘E x tuis of, or by law empowered to prrtctre i.., any court the jurisdiction of which is i ;. mat not transferred to the high court of justue or the court of appeal. slull be called "sob itois of the supreme court." Wharton.

The term is in use in America, and in most of the a . » a IIJIJL; 'baru« .ei‘," "counsellor." and ' '« u \)i',' in sea -» in which thus»: tei-in-= are used in lumland In some s«..tuv. as well s- "n tbv Uuiiul Mates supreme couit, “o.ttorna,. ‘ i, I ‘ counsellor" are distinguishable.

the l . .. ‘ , rm being B.[1D]_led to the younger I.ll(!l1]l)Hl« i up bar, and to those who cairy on lb: p, a w .— and foruiul parts of the snii. WlJlle ‘couur-.l0r' is the adviser, or spatial (OI . +1 1 ,. med to tiy the cause. In some ju-

risdi Lions one inusi have been an attorney for a eiun time before he can be admitted to prauise as in counsellor. Ray. & L.

ATTORNEY GENERAL. In English law. The chief law ulhter of the realm. being created by letteis patent, whose office is to exhibit informutions and pivsecute for the crown in iuatters crlniiiiul, and to file bills in the cxcheqiier in any matter concerning the l.lug's ieteuue. State v. Cunningham, 83 Wis. 90. 53 N. W. 35, 17 L. R. A. 145, 35 Am. St Rep. 27.

In American law. The attorney general of the United States is the_he:id of the department of justice, appointed by the presi- dent, and a member of the cabinet. He ap- D(.AlS in behalf of the government in 1111 cu —m in the supreme court in “hid! it is in- 1,u~.m ‘l v gives his legal advice to the

pic .1 L .. 1 heads of dep-art.u1enLs upon umu wl- on ‘.l.lled to hun.

ill 1x :l u- fl|SO there is an attorney general, is l.lll .1 o_‘iter, who appeals for the pow a on-gluud the uttuimuy general

1 ».n:« for the crown. State v. District

Cum ’ ll,-r . ‘. . '.'.T Puc 916; I'e-oile v.

I_~'.r mini. 33 .\l.sc. imp. 209, 68 N. Y. Supp. 383. .

ATTORE ZL'YSP.l'P. went of attorney.

The 0fl5CB Of ill]

104

AUCTIONEEE

ATTORNMENT. Iii feudal and old English law. A turning over or transfer by :4 lord of the services or his tenant to the gruntee of his seigalory.

Atturnuieut is the act of a person who holds at leasehold interest in lllllll, or estate for life 01' years, by which he agrees to become the tenant of a strunger who has no qulred the fee in the land, or the reimiiuilrs or iereisiuu, or the right to the rent or sci» ices by \\ hlch the tenant holds. Llndli-2-y I. Dahln, 13 lud .-lbw; Willis v. llooie. 59 Tei. 650. 46 Am. Rep. 284; Foster v. Morris, 3 A. K. Mursh, lhy.) (110, 13 Ain. Dec. 205.

AU BESOIN. In case of need. A I‘i-eirh phrase sometimes incorporated ni a hill (4, exchange, pointing out some person from whom payment may be sought in uise this (lru\\ee rails or refuses to pay the bill Story, Bills, 5 65.

AUBAINE. See DROIT D'AUBAJl‘TE.

AUCTION. A public sale of land or goods, at public outcry, to the highest bid der. Russell v. Miner, 61 Barb. (N. Y.) ” 9. ]ELlbler v. Uozig, 1 Watts & S. (Pa) 555: Ui'an(‘l:1l1 v. Suite. 28 Ohio St. -181.

A sale by auctloii is a sale by public out- cry to the highest bidder on the spa Civ. Code Cal. S 1T92: Civ. Code Dali. S 1 .

The sale by auction is that which take: place when the thing is offered publicly to be sold to whoever will give the highest price C-iv. Code La. art. 2001.

Auction is very generally defined us a sale tn the highest bidder, and this is the usual meiiniug. Tlmre may, however, be a sale to the lowest biilder, as where land is sold for non-payment ot Ltxes to whomsuever will take it for “Jl shoitest term; or where a contract is cfferml to the one who will perform it at the lowest price. And these appear fairly included in the term "auction." Abbott.

—Dntcli suction. A method of sale by auction which consists in the ublic offer of the property at at piice beyond its value, and then gradually lowering the price until some one becomes the purchaser. Crand-all v. State, 28 Ohio St. 4S2.—Pnhlic auction. A sale of properly nt auction. Where any and all persons who choose are permitted to attend and offer bids. Though this phrase is frequently used. it is doubtful whether the word "public" adds anything to the force of the expression, since "aucLlou" itself imports publicity. there can be such a thing as 3. private su_ction, it must be one where the ropt-rty is sold to the hi;,-hast bidder, but 0 y certain persons, or a ceitain class of persons, are permitted to be present or to offer bids.


AUCTIONARIE. Catalogues of goods for public sale or auction.

AUCTIONARIUS. One who bought and sold again at an Increased price; up auctioneer. Speluian.

AUCTIONEER. A person l'I.lthOl‘1ZC'\l

or licensed by law to sell lands or goods of

other persons at public auction; one who