KFLCC Kingdom Law 2nd Ed.

280

COUNSELLOR

COUNCIL

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; particularly in the colonial period (and at present in some of the United States) a body appointed to advise and assist the governor in his executive or judicial capacities or both. -Common council. In American law. The lower or more numerous branch of the legisla tive assembly of a city. In English law. The councillors of the city of London. The parlia ment, also, was anciently called the "common council of the - realm." Fleta, 2, 13.—Privy council. See that title.—Select council. The name given, in some states, to the upper house or branch of the council of a city. COUNCIL OF CONCILIATION. By the Act 30 & 31 Vict. c. 105, power is given for the crown to grant licenses for the forma tion of councils of conciliation and arbitra tion, consisting of a certain number of mas ters and workmen in any trade or employ ment, having power to hear and determine all questions between masters and workmen which may be submitted to them by both par ties, arising out of or with respect to the particular trade or manufacture, and incapa ble of being otherwise settled. They have power to apply to a justice to enforce the performance of their award. The members are elected by persons engaged in the trade. Davis, Bldg. Soc. 232; Sweet. COUNCIL OF JUDGES. Under the Eng lish 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. A court instituted by Henry VIII. in 1537, to ad minister justice in Yorkshire and the four other northern counties. Under the presi 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 advo cate, counsellor, or pleader. 3 Bl. Oomm. 26; 1 Kent, Comm. 307. One who assists his client with advice, and pleads for him in open court. See COUNSEIXOE. Counsellors who are associated with those regularly retained in a cause, either for the COUNCIL OF THE NORTH.

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 tribu nal, 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. State v. Russell, 83 Wis. 330, 53 N. W. 441; Ann. Codes & St. Or. 1901, § 1049. The words "counsel" and "ad vise" may be, and frequently are, used in criminal law to describe the offense of a person who, not actually doing the felonious act, by his will contributed to it or procured it to be done. True v. Com., 90 Ky. 651, 14 S. W. 684; Omer v. Com., 95 Ky. 353, 25 S. W. 594. —Junior counsel. The younger of the coun sel employed on the same side of a case, or th« one lower in standing or rank, or who is intrust ed with the less important parts of the prepara tion or trial of the cause. COUNSEL'S SIGNATURE. This is re quired, 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 contro versies, or their preparation and manage ment, and to appear in court for the con duct 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 "counsellor" and "attorney" are used inter changeably to designate all lawyers. In others, the latter term alone is used, "coun sellor" not being recognized as a technical name. In still others, the two are associat ed together as the full legal title of any per son who has been admitted to practice in the courts; while in a few they denote dif ferent grades, it being prescribed that na one can become a counsellor until he has been an attorney for a specified time and has passed a second examination. 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 dif fers from an attorney at law. In the supreme court of the United States, the two degrees of attorney and counsel were at first kept separate, and no person was permitted to practice in both capaci ties, but the present practice is otherwise. Weeks, Attys. at Law, 54. It is the duty of the counsel to draft or review and cor—