Blacks Law Dict. 1st ed

ATTORNEY AT LAW

104

ATTERMINARIG

In modern law. To consent to the trans fer of a rent or reversion. A tenant is said to attorn when he agrees to become the ten ant of the person to whom the reversion has been granted. See ATTOBNMENT. ATTORNARR In feudal law. Toat torn; to transfer or turn over; to appoint an attorney or substitute. ATTOHNARE REM. To turn over money or goods, i.e., to assign or appropriate them to some particular use or service. ATTORNATO PACIENDO VEL RE CIPIENDO. In old English law. An ob solete writ, which commanded a sheriff or steward of a county court or hundred court to receive and admit an attorney to appear for the person who owed suit-of court. Fitzh. Nat. Brev. 156. ATTORNE. L.Fr. In old English law. An attorney. Britt. c 126. ATTORNEY. In the most general sense this term denotes an agent or substitute, or one who is appointed and authorized to act in the place or stead of another. It is "an ancient English Word, and signi fieth one that is set in the turne, stead, or place of another; and of these some be pri vate * * * and some be publike, as at torneys at law." Co. Litt. 516,128a; Britt. 2856. One who is appointed by another to do something in his. absence, and who has au thority to act in the place and turn of him by whom he is delegated. Attorneys, in the modern use, are of two sorts, attorneys at law and attorneys in fact, as to which see those titles. ATTORNEY AT LARGE'. In old prac tice. An attorney who practised in all the courts. Cowell. ATTORNEY AT LAW. An advocate, counsel, official agent employed in preparing, managing, and trying cases in the courts. An officer in a court of justice, who is em ployed by a party in a cause to manage the same for him. In English, law. An attorney at law was a public officer belonging to the superior courts of common law at Westminster, who conducted legal proceedings on behalf of others* called his- clients, by whom he was retained; he answered to the solicitor in the courts of chancery, and the proctor of the admiralty, ecclesiastical, probate, and divorce courts. An attorney was almost invariably

appeal. 1 Addams, 22, note; Shelf. Mar. & Div. 562. ATTERMINABE. In old English law. To put off to a succeeding term; to prolong the time of payment of a debt. St. Westm. 2, c.4; Gowell; Blount. ATTERMINING. In old English law. A putting off; the granting of a time or term, as for the payment of a debt. Cowell. ATTERMOIEMENT. In canon law. A making terms; a composition, as with cved itors. 7 Low. Can. 272, 306. ATTEST. To witness the execution of a written instrument, at the request of him who makes it, and subscribe the same as a witness. This is also the .technical word by which, in the practice in many of the states, a certifying officer gives assurance of the gen uineness and correctness of a copy. An "attested" copy of a document is one which has been examined and compared with the original, with a certificate or memoran dum of its correctness, signed by the persons who have examined it. ATTESTATION. The act of witnessing an instrument in writing, at the request of the party making the same, and subscribing it as a witness. 3 P. Wms. 254; 2 Ves. Sr. 454; 17 Pick. 373. Execution and attestation are clearly dis tinct formalities; the former being the act of the party, the latter of the witnesses only. ATTESTATION CLAUSE. That clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same. ATTESTING WITNESS. One who signs his name to an instrument, at the re quest of the party or parties, for the purpose of proving and identifying it. ATTESTOR OF A CAUTIONER. In Scotch practice. A person who attests the sufficiency of a cautioner, and agrees to be come subsidiarie liable for the debt. Bell. ATTILE. In old English law. Rigging; tackle. Cowell. ATTORN. In feudal law. To transfer or turn over to another. Where a lord aliened his seigniory, he might, with the consent of the tenant? and' in some cases without, at torn or transfer the homage and service of the latter to the alienee or new lord. Bract, fnls. 816, 82.

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