Page:Black's Law Dictionary (Second Edition).djvu/288

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COUNCIL

corporation, etc. register their acts, (3 B: 4 Eilw. VI. C. 10.)

COUNCIL. An assembly of persons for the purpose of L-onccrtlng I.llL'!i'lSl1l'i-.‘S of state or municipal policy; hence called “counnllnrs."

In American law. The legislative body in the go\'eriiInent of cities or boroughs. An advisory body aeiected to aid the executive; particularly in the colonial period (and at present in some of the l_.-nited States) ax body appointed to advise and assist the governor in his executive or judicial capacities or both —Common council. In American law. The lower or more numerous l)l'all(l’i of the legislative assembly of a city. In English law. The councillors of the city of London. ' mi-nt, also, was anciently called the ‘ council of the realm." lfleia, 2, 13.—Privy nouncil. See that title.%e1ect council. The name given, in some states, to the upper house or branch of the council of a city.

COUNCIL OF CONCILIATION. By the Act 30 & 31 Vict. c. 105, power is given for the crown to grant licenses for the formation of councils of conciliation and arbitration. consisting of a certain number of masters and workmen in any trade or employ- ment_ having power to hear and determine all questions between masters and workmen which may be submitted to them by both parties, arising out of or with respect to the particular trade or manufacture, and incapable of being otherwise settled. They have power to apply to a justice to enforce the [Jelf0l'nlilll(.‘e of their award. The members are elected by persons engaged in the trade. Davis, Bldg. Soc. 232; Sweet.

COUNCIL OF JUDGES. Under the English judicature act, 1873, § 75, an annual council of the judges of the supreme court is to be held, for the purpose of considering the operation of the new practice, offices, etc., introduced by the act, and of reporting to a sec- ietury of state as to any alterations which they consider should be made in the law for the administration of justice. An extraordinary council may also be convened at any time by the lord chancellor. Sweet.

COUNCIL OF THE NORTH. A court instituted by Henry VIII. in 15.37, to ad- uiinister justice in Yorkshire and the four other northr-in counties. Under the presi- aiency of Srratford, the court showed great rigor, horderlng, it is alleged, on harshness. It “as abohslied by 16 Car. 1., the same act a hicn abolished the Star Chamber. Brown.

COUNSEL 1. In practice. An advocate, counsellor, or pleader. 3 BL Comm. 26; 1 Kent, Comm. 307. One who assists his client “lili adxice, and pleads for him in open colirt See ConNsaLLon.

Counsellors vlho are associated with those regularly retained in a cause, either for the

280

COUNSELLOR

purpose of advising as to the points of la‘: involved, or preparing the case on its ital side, or arguing questions of law in in court, or preparing or conduciing the (an on its appearance before an appellate tribunal, are said to be "of c0unseL"

2. Knowledge. A grand jury is sworn to keep secret "the commonwe.-ilth's mound. their fellows’, and their own."

3. Advice given by one person to another

in regard to a proposed line of conduct, claim, or contention. State v. Russell, Ki \’ViS. 330, 53 N. W. 441; Ann Codes & St. Or. 1901, § 1049. The words "counsel" and ‘ad- vis ' may be, and fraqiiciitly are, us:-xi in criminal law to describe the oirei-so of A person who. not actually doing the felonious act, by his will contributed to it or pmcurcrl it to be done. True v. Com.. 90 Ky. 651. 14 S. W. 684; Omer v. C0m., 95 [(3. 353. 25 S W. 594. —Junior counsel. The younger of the counsel employed on (he same side of a case or tile one lower in stunding or rank, or who is iniiti=ted with the less important parts of the preparation or trial of the cause.

COUNSEL'S SIGNATURE. This is re quircd, in some jurisdictions, to be aihxgd to pleadings, as affordhig the court a means of judging whether they are interposed in good faith and upon legal grounds.

COUNSELLOR. An advocate or harrlstcr. A member of the legal profession whose special function is to give counsel or advice as to the legal aspects of judicial contro- versies, or their preparation and manage ment, and to appear in court for the conduct of trials, or the argument of causes, or presentation of motions, or any other legal business that takes him into the presence of the court.

In some of the states, the two words "counsellor" and “attorney" are used inter- changeably to designate all lawyers. in others, the latter term alone is used. “counseiior" not being recognized as a technical name. In still others, the two are |1ssnFi.'l[- ed together as the full legal title of any person nho has been admitted to practice in the courts; while in a few they denote different grades. it being prescribed that no one can become a counsellor until he has been an attorney for a specified time and has passed a second examiiiation.

In the practice of the United Suites sn- preme court, the term denotes an officer who is employed by I1 party in a cause to conduct the same on its trial on his ‘behalf. He differs from an attorney at law.

In the supreme court of the United States. the two degrees of attorney and counsel were at first kept separate, and no person was permitted to practice in both capacities, but the present practice is othcruiua. Weeks, Attys, at Law. 54. It is the duty

of the counsel to draft or review and cor-