KFLCC Kingdom Law 2nd Ed.

AUCTIONEER

ATTORNEY AT LAW

104

ATTORNMENT. In feudal and old Eng lish 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. Lindley v. Dakin, 13 Ind. 388; Willis v. Moore, 59 Tex. 636, 46 Am. Rep. 284; Foster v. Morris, 3 A. K. Marsh. (Ky.) 610, 13 Am. Dec. 205. 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. AUCTION. A public sale of land or goods, at public outcry, to the highest bid der. Russell v. Miner, 61 Barb. (N. Y.) 539; Hibler v. Hoag, 1 Watts & S. (Pa.) 553; Crandall v. State, 28 Ohio St 481. A sale by auction is a sale by public out cry to the highest bidder on the spot. Civ. Code Cal. § 1792; Civ. 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. Civ. Code La. art. 2601. Auction is very generally defined as a sale to the highest bidder, and this is the usual meaning. There may, however, be a sale to the lowest bidder, 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. —Dutch auction. A method of sale by auc tion which consists in the public offer of the property at a price beyond its value, and then gradually lowering the price until some one becomes the purchaser. Crandall v. State, 28 Ohio St. 482.—Public auction. A sale of property at auction, where any and all per sons who choose are permitted to attend and offer bids. Though this phrase is frequently used, it is doubtful whether the word "public" adds anything to the force of the expression, since "auction" itself imports publicity. If there can be such a thing as a private auction, it must be one where the property is sold to the highest bidder, but only certain persons, or a certain class of persons, are permitted to be preseat or to offer bids. AUBAINE. See DBOIT D'AUBAINE.

stead, some lawful act. People v. Smith, 112 Mich. 192, 70 N. W. 4G6, 67 Am. St Rep. 392; Civ. Code La. 1900. art. 2985. 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 oth ers, called his clients, by whom he was re tamed; 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 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 ju risdictions one must have been an attorney for a given time before he can be admitted to practise as a counsellor. Rap. & L. 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. State v. Cunningham, 83 Wis. 90, 53 N. W. 35, 17 L. R. A. 145, 35 Am. St. Rep. 27. In American law. The attorney general of the United States is the head of the de partment of justice, appointed by the presi dent, 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 in terested, 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. State v. District Court, 22 Mont. 25, 55 Pac. 916; People v. Kramer, 33 Misc. Rep. 209, 68 N. Y. Supp. 383. ATTORNEY AT LAW. ATTORNEY GENERAL.

AUCTIONARLX.

Catalogues of goods

for public sale or auction.

AUCTIONARIUS. One wtho bought and sold again at an increased price; an auctioneer. Spelman. A person authorized or licensed by law to sell lands or goods of other persons at public auction; one who AUCTIONEER.

ATTORNEYSHIP.

The office of an

agent or attorney.