KFLCC Kingdom Law 2nd Ed.

103

ATTORNEY

ATTERMINING

ATTORNARE. In feudal law. To at torn; to transfer or turn over; to appoint an attorney or substitute. —Attornare rem. To turn over money or goods, u e., to assign or appropriate them to some particular use or service. ATTORNATO FACIENDO 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 Fifczh. Nat. Brev. 156. 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. In re Bicker, 66 N. H. 207, 29 Atl. 559, 24 L. R. A. 740; Eichelberger v. Sitford, 27 Md. 320. 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 51&, 128a; Britt 2S5&. 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. W T hen used with reference to the proceed ings ot courts, or the transaction of business in the courts, the term always means "at torney at law," q. v. And see People v. May, 3 Mich. 603; Kelly v. Herb, 147 Pa. 563, 23 Atl. 8S9; Clark v. Morse, 16 La. 576. —Attorney ad hoc. See AD Hoc—Attor ney at large. In old practice. An attorney who practised in all the courts. Cowell.—At torney in fact. A private attorney authoriz ed 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 busi ness 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." Treat v. Tolman, 113 Fed. 893, 51 O. C. A. 522; Hall v. Sawyer, 47 Barb. (N. Y.) 119; White v. Furgeson, 29 Ind. App 144, 64 N. E. 49—At torney of record. The one whose name la entered on the record of an action or suit as the attorney of a designated party thereto. De laney v. Husband, 64 N. J. Law, 275, 45 Atl. 265.—Attorney of the wards and liveries. In English law. This was the third officer of the duchy court. Bac Abr. "Attorney."— Public attorney. This name is sometimes given to an attorney at law, as distinguished from a private attorney, or attorney in fact Attorney's certificate. In English law. A certificate that the attorney named has paid the annual tax or duty. This is required to be taken out every year by all practising attorneys under a penalty of fifty pounds.—Attorney's lien. See LIEN.—Letter of attorney. A power of attorney; a written instrument by which one person constitutes another his true and lawful attorney, in order that the latter may dc for the former, and in his place and ATTORNE. L. Fr. In old English law. An attorney. Britt c. 126.

the time of payment of a debt St Westm. 2, c. 4; Cowell; Blount

ATTERMINING. In old English law. A putting off; the granting of a time or term, as tor the payment of a debt Cowell. In canon law. A making terms; a composition, as with cred itors. 7 Low. Can. 272, 306. To witness the execution of a written instrument, at the request of him who makes it, and subscribe the same as a witness. White v. Magarahan, 87 Ga. 217, 13 S. E. 509; Logwood v. Hussey, 60 Ala. 424; Arrington v. Arnngton, 122 Ala. 510, 26 South. 152. This is also the technical word by which, in the practice in many of the states, a certifying omcer gives assurance of the genuineness and correctness ot 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 Goss, etc., Co. v. People, 4 111. App. 515; Donaldson v. Wood, 22 W T end. (N. Y.) 400; Gerner v. Mosher, 58 Neb. 135, 78 N. W. 3S4, 46 L. R. A. 244. The act of witnessing an instrument in writing, at the request of the party making the same, and subscribing it as a witness. See ATTEST. Execution and attestation are clearly dis tinct formalities; the tormer 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 wit ness. One who signs his name to an instru ment, at the request of the party or parties, for the purpose of proving and identifying it. Skin ner v. Bible Soc, 92 Wis. 209, 65 N. W. 1037. In Scotch practice. A person who attests the sufficiency of a cautioner, and agrees to be come subsidiarie liable for the debt. BelL ATTERMOIEMENT. ATTEST. ATTESTATION. ATTESTOR OF A CAUTIONER. ATTORN. In feudal law. To transfer or turn over to another. Where a lord alien ed his seigniory, he might with the consent of the tenant, and in some cases without attorn or transfer the homage and service of the latter to the alienee or new lord. Bract fols. 816, 82. 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. ATTILE. In old English law. Rigging; tackle. Cowell.