Blacks Law Dict. 1st ed

283

COTUOA

COUNSELLOR

dency of Stratford, the court showed great rigor, bordering, it is alleged, on harshness. It was abolished by 16 Car. I., the same act which 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 cli ent with advice, and pleads for him in open court. See COUNSELLOR. Counsellors who are associated with those regularly retained in a cause, either for the purpose of advising as to the points of law involved, or preparing the case on its legal side, or arguing questions of law to the court, or preparing or conducting the case on its appearance before an appellate tribunal, are said to be "of counsel." 2. Knowledge. A grand jury is sworn to keep secret "the commonwealth's counsel, their fellows', and their own." 3. Advice given by one person to another in regard to a proposed line of conduct, claim, or contention. COUNSEL'S SIGNATURE. This is required, in some jurisdictions, to be affixed to pleadings, as affording the court a means of judging whether they are interposed in good faith and upon legal grounds. COUNSELLOR. An advocate or barris ter. A member of the legal profession whose special function is to give counsel or advice as to the legal aspects of judicial controversies, or their preparation and management, 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 "coun sellor" and "attorney" are UBed interchange ably to designate all lawyers. In others, the latter term alone is used, "counsellor" not being recognized as a technical name. In still others, the two are associated together as the full legal title of any person who 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 ex amination. In the practice of the United States su preme court, the term denotes an officer who is employed by a 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

year; the tenancy to be for not more than a month at a time; the landlord to keep the house in good repair. Landlord and Tenant Act, Ireland, (23 & 24 Viet, c 154, § 81.) COTUCA. Coat armor. COTUCHANS. A term used in Domes day for peasants, boors, husbandmen. COUCHANT. Lying down; squatting. Couchant and levant (lying down and rising up) is a term applied to animals trespassing on the land of one other than their owner, for one night or longer. 3 Bl. Comm. 9. COUCHER, or COURCHER. A factor who continues abroad for traffic, (37 Edw. III. c. 16;) also the general book wherein any corporation, etc., register their acts, (3 & 4 Edw. VI. c. 10.) COUNCIL. An assembly of persons for the purpose of concerting measures of state or municipal policy; hence called "coun cillors." In American law. The legislative body in the government of cities or boroughs. An advisory body selected to aid the executive. COUNCIL OF CONCILIATION. By the Act 30 & 31 Viet. c. 105, power is given for the crown to grant licenses for the for mation of councils of conciliation and arbi tration, consisting of a certain number of masters and workmen in any trade or em ployment, having power to hear and deter mine 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 performance of their award. The mem bers are elected by persons engaged in the trade. Davis, Bldg. Soc. 232; Sweet. COUNCIL OP 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., in troduced by the act, and of reporting to a sec retary of state as to any alterations which they consider should be made in the law for the administration of justice. An extraor dinary council may also be convened at any time by the lord chancellor. Sweet. COUNCIL OF THE NORTH. A court instituted by Henry VHI., in 1537, to ad minister justice in Yorkshire and the four other northern counties. Under the presi

Archive CD Books USA