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I am taking a little different approach here insofar as I am using three different sets of definitions for a series of job descriptions. Rather than merely depending on Black's Law Fourth Edition as I normally do, this article will include standard accepted definitions of key job titles and their root words, the same from the Oxford Law Library and the same again reverting back to Black's Law.

In this way, perhaps the reader will have a better opportunity to understand the nuances of the “legal” and “judicial” systems that are … by and large, organizations of finance and control with any and all judicious pursuits being a distant requisite for any work they do.

 

BLIND JUSTICE Word for the Day AttorneyLike so much of what is written on this blog, these facts and details will have to be put together with a lot of other information found here in order to make any sense, but over the course of time, there should be plenty of material here to allow for people to begin maneuvering within the legal minefield that has been laid before the flesh and blood men and women of the world.

It is important also to remember the issues of concern with “legal precedent” wherein the first and foremost precedent of the courts regarding any item, are generally utilized as the precedent for future decisions. Likewise, the historical definition of a word shows a similar “legal” precedent … which is why we go back to Black's Fourth … as it is seemingly at least, the most up to date, yet largely un-corrupted version of Black's Law.

 

 

 

Word

1828 Standard Oxford Dictionary

Attorn

In the feudal law, to turn, or transfer homage and service from one lord to another. This is the act of feudatories, vassels or tenants, upon the alienation of the estate

Attornment

The act of a feudatory, vassal or tenant, by which he consents, upon the alienation of an estate, to receive a new lord or superior, and transfers to him his homage and service

Attorning

Acknowledging a new lord, or transferring homage and fealty to the purchaser of an estate

Attorney

One who is appointed or admitted in the place of another, to manage his matters in law. The word formerly signified any person who did business for another; but its sense is now chiefly or wholly restricted to persons who act as substitutes for the persons concerned, in prosecuting and defending actions before courts of justice, or in transacting other business in which legal rights are involved. The word answers to the procurator, (proctor,) of the civilians.

Attorneys are not admitted to practice in courts until examined, approved, licensed and sworn, by direction of some court; after which they are proper officers of the court.

In Great Britain, and in some of the United States, attorneys are not permitted to be advocates or counsel in the higher courts; this privilege being confined to counsellors and sergeants. In other states, there is no distinction of rank, and attorneys practice in all the courts. And in general sense, the word attorney comprehends counsellors, barristers and serjeants.

In Virginia, the duties of attorney counsellor, conveyancer and advocate, are all performed by the same individual.

An attorney may have general powers to transact business for another; or his powers may be special, or limited to a particular act or acts.

Attorney General is an officer appointed to manage business for the king, the state or public; and his duty, in particular, is to prosecute persons guilty of crimes.

A letter or warrant of attorney is a written authority from one person empowering another to transact business for him.

ATTORN'EY, verb transitive To perform by proxy; to employ as a proxy. [Not in use.]

Word

Oxford Law Dictionary (Fifth Edition)

Attorn

Unavailable

Attornment

1. An act by a bailee (see BAILMENT) in possession of goods on behalf of one person acknowledging that he will hold the goods on behalf of someone else. The attornment notionally transfers possession to the other person (constructive possession) and can thus be a delivery of goods sold.

2. (largely historicali) A person's agreement to hold land as the tenant of someone else. Some mortgages provide that the owner of the land attorns tenant of the mortgagee for a period of years that will be terminated when the debt is repaid.

Attorning

Unavailable

Attorney

A person who is appointed by another and has authority to act on behalf of another. See also POWER OF ATTORNEYii.

Word

Oxford Dictionary Online

Attorn

Formally make or acknowledge a transfer of something.

archaic [with object] Transfer (something) to someone else:

a lord might attorn his vassals service to some other’

Attornment

The formal transference of something to someone else.

Attorning

Unavailable

Attorney

A person, typically a lawyer, appointed to act for another in business or legal matters.

Compare with barristeriii, solicitoriv

Word

Black's Law (Black's Fourth)

Attorn

To turn over; to transfer to another money or goods; to assign to some particular use or service. Hemminger v. Klaprath, 15 N.J. Misc. 163, 189 A. 363, 364.

To consent to the transfer of a rent or reversion. To agree to become tenant to one as owner or landlord of an estate previously held of another, or to agree to recognize a new owner of a property or estate and promise payment of rent to him. Hurley v. Stevens, 220 Mo.App, 1057, 279 S.W. 720, 722.

Feudal Law

To turn over; to transfer to another money or goods; to assign to some particular use or service. 2 Bla.Comm. 288 ; 1 Spence, Eq. Jur. 137.

Where a lord alienedv 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. SIb, 82.

Attornment

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 become the tenant of a stranger who has acquired the fee in the land, or the remainder or reversion, or the right to the rent or services by which the tenant holds. Snyder v. Bernstein Bros., 201 Iowa, 931, 208 N.W. 503, 504.

It is an act by which a tenant acknowledges his obligation to a new landlord. Del-New Co. v. James, 167 A. 747, 748, 111 N.J.L. 157. And requires an overt act by the tenant. Hemminger v. Klaprath, 189 A. 363, 15 N.J.Misc. 163.

The doctrine of attornment grew out of the peculiar relations existing between the landlord and his tenant under the feudal law, and the reasons for the rule never had any existence in this country, and Is inconsistent with our laws, customs and institutions. Beyond its application to estop a tenant from denying the title of his landlord, It can serve but little, if any. useful purpose. Perrin v. Lepper, 34 Mich. 292,

Attorning

NOT AVAILABLE

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. Nardi v. ' Poinsatte, D.C.lnd., 46 F.2d 347, 348.

An agent, or one acting on behalf of another. Sherts v. Fulton Nat. Bank of Lancaster, 342 Pa. 337, 21 A.2d 18.

One who is put in place, stead, and turn of another to manage his matters of law. Kaufman v. Jurczak, 102 N.J.Eq. 66, 139 A. 716.

An agent employed by party to case to manage it for him. McLyman v. Miller, 52 R.I. 374, 161 A. 111, 112.

When used 'vlth reference to the proceedings of courts, or the transaction of business i n the courts, the term always means "attorney at law" (q. 'l'.) unless a contrary meaning i s clearly indicated. In re Morse, 98 Vt. 85, 126 A. 550, 551, 36 A. L. R. 527.

"Lawyer" and "attorney" are synonymous. People v. Taylor, 56 Colo. 441, 138 P. 762, 763.

BONUS WORD(s)

Attornare Rem

To turn over money or goods, i. e., to assign or appropriate them to some particular use or service.

BONUS WORD

Alien

(HINT: The keyword is “lien”)

or ALlENE. v. To transfer or make over to another ; to convey or transfer the property of a thing from one person to another; to· alienate. Usually applied to the transfer of lands and tenements. Co. Litt. 118; Cowell.

BONUS WORD

Estop

To stop, bar, or impede ; to prevent ; to preclude. Co.Litt 352a ; Olsgard v. Lemke, 32 N. D. 551, 156 N.W. 102, 103. See Estoppel

BONUS WORD

Seigniory

In English law. A lordship ; a manor. The rights of a lord, as such, in lands. Kavanaugh v. Cohoes Power & Light Corporation, 187 N.Y.S. 216, 231, 114 Misc.Rep. 590.

i And discounting modern Feudal Law regarding “personal” property and ownership. That subject is covered in a separate article.

ii power of attorney (letter of attorney) A formal instrument by which one person empowers another to act on his behalf, either generally or in specific circumstances. A power to execute a *deed must itself be given by a deed.

iii A person called to the bar and entitled to practise as an advocate, particularly in the higher courts.

iv British A member of the legal profession qualified to deal with conveyancing, the drawing up of wills, and other legal matters. A solicitor may also instruct barristers and represent clients in some courts

North American The chief law officer of a city, town, or government department.

vAliened … and later … the alienee … to alien or to place a lien upon … thus, to “alienate” something may or may not be what you think it is as well … but this word will also be covered in a separate article. Rest assured, it has nothing to do with little green men and why government can and does jail people for growing gardens or collecting rainwater or other such nefarious uses … even while on privately “owned” and “personal” property.

 

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