Blacks Law Dict. 1st ed

ATTORNEY AT LAW

AUCTOR

105

also a solicitor. It is now provided by the judicature act, 1873, § 87, that solicitors, at torneys, or proctors of, or by law empowered to practise in, any court the jurisdiction of which is by that act transferred to the high court of justice or the court of appeal, shall be called "solicitors of the supreme court." Wharton. The term is in use in America, and in most of the states includes "barrister," "counsellor," and "solicitor," in the sense in which those terms are used in England. In some states, as well as in the United States supreme court, "attorney" and "counsellor" are distinguishable, the former term being applied to the younger members of the bar, and to those who carry on the practice and formal parts of the suit, while "counsellor"is the adviser, or special counsel retained to try the cause. In some jurisdictions one must have been an attor ney for a given time before he can be admitted to practise as a counsellor. Bap. & L. ATTORNEY GENERAL. In English law. The chief law officer of the realm, be ing created by letters patent, whose office is to exhibit informations and prosecute for the crown in matters criminal, and to file bills in the exchequer in any matter concerning the king's revenue. In American law. The attorney gen eral of the United States is the head of the department of justice, appointed by the pres ident, and a member of the cabinet. He ap pears in behalf of the government in all cases in the supreme court in which it is interest ed, and gives his legal advice to the president and heads of departments upon questions submitted to him. In each state also there is an attorney gen eral, or similar officer, who appears for the people, as in England the attorney general appears for the crown. ATTORNEY IN FACT. A private at torney authorized by another to act in his place and stead, either for some particular purpose, as to do a particular act, or for the transaction of business in general, not of a legal character. This authority is conferred by an instrument in writing, called a "letter of attorney," or more commonly a "power of attorney." Bac. Abr. "Attorney;" Story, Ag. § 25. ATTORNEY OF THE WARDS AND LIVERIES. In English law. This was the third officer of the Duchy court. Bac. Abr. "Attorney." ATTORNEY'S CERTIFICATE. In English law. A certificate that the attorney named has paid the annual tax or duty. This ]s required to be taken out every year by all

practising attorneys under a penalty of fifty pounds. ATTORNEYSHIP. The office of an agent or attorney. ATTORNlVtENT. In feudal and old English law. A turning over or transfer by a lord of the services of his tenant to the grantee of his seigniory. Attornment is the act of a person who holds a leasehold interest in land, or estate for life or years, by which he agrees to be come the tenant of a stranger who has ac quired the fee in the land, or the remainder or reversion,.or the right to the rent or serv ices by which the tenant holds. AU BESOIN. In case of need. A French phrase sometimes incorporated in a bill of exchange, pointing out some person from whom payment may be sought in case the drawee fails or refuses to pay the bill. Story, Bills, § 65. AUBAINE. See DBOIT D'ATTBAINB. AUCTION. A public sale of land or goods, at public outcry, to the highest bidder A sale by auction is a sale by public out cry to the highest bidder on the spot. Civil Code Cal. § 1792; Civil Code Dak. § 1022. The sale by auction is that which takes place when the thing is offered publicly to be sold to whoever will give the highest price. Civil Code La. art. 2601. Auction is very generally denned as a sale to the highest bidder, and this is the usual meaning There may, however, be a sale to the lowest bid der, as where land is sold for non-payment of taxes to whomsoever will take it for the shortest term, or where a contract is offered to the one who will perform it at the lowest price. And these appear fairly included in the term "auction." Abbott. AUCTIONARLZE. Catalogues of goods for public sale or auction. AUCTIONARIUS. One who bought and sold again at an increased price; an auc tioneer. Spelman. AUCTIONEER. A person authorized or licensed by law to sell lands or goods of other persons at public auction; one who sells at auction. Auctioneers differ from brokers, in^that the lat ter may both buy and sell, whereas auctioneers can only sell; also brokers may sell by private contract only, and auctioneers by public auction only. Auc tioneers can only sey goods for ready money, but factors may sell upon credit. AUCTOR. In the Roman law. An auctioneer.

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