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1824 Aug. 28
Constitutional CodeCh. XXI Lawyers
§ 1. Lawyers, who
Instruction
Synonymous is the word Lawyers to law Practitioners
By the word Attorney is understood in England the functionary
who has the management of the suit. Attorney
meant originally substitute: but when a party and his
Attorney are present at the same place at the same time
substitute applied to the lawyer invokes a contradiction
in terms. In the judicatories called Courts of Equity
the Attorney he who performed the function of Attorney came to be was called a Solicitor. The term Attorney
is now nearly merged in the term Solicitor. In
the judicatories called Courts of Equity property to larger
amount is usually at stake to a larger amount than in the Judicatories
stiled Courts of Law. The term Attorney becoming
more and more an object of odium and contempt, those
practices have merely taken refuge individuals embraced
every occasion of taking refuge under the less odious term
Solicitor, which however can not consistently with original
propriety be applied to the manager on any side other
than the defendants side in the suit.
In the Courts called Judicatories in which what is called justice
is administered according to the form of Rome-bred Law
the Law Manager is called Proctor by contraction from Procurator:
the most characteristic and expressive of all.
In the Scotch Judicatories the Procurator by a general term is stiled Agent.
In some of the principal of he is stiled Worker
to the Agent: a more of nebulous appellative could scarcely have
been devised.
Identifier: | JB/041/373/001 "JB/" can not be assigned to a declared number type with value 41.
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