Enrollment - Definition - Law Dictionary Home Dictionary Definition enrollment

Definition :

Enrollment, register, record; writing in which anything is recorded.

The act of recording or registering, Black's Law Dictionary, 7th Edn., p. 551.

By the Statute of Enrolments, 27 Hen. 8, c. 16, now repealed by the (English) L.P. Amendment Act, 1924 (15 Geo. 5, c. 5),Sch. 10, every bargain and sale of a freehold interest was required to be enrolled in Chancery within six [lunar] months after its date.

No assurance before 1926 by a tenant-in-tail under the (English) Fines and Recoveries abolition Act, 1833 (3 & 4 Wm. 4, c. 74), will have any operation unless enrolled in the Central Office within six calendar months after its execution, which enrolment is sufficient of itself, even where the conveyance was by bargain and sale, within the Statute of Enrolments. This provision did not extend to copyholds, the enrolment then being on the Court-rolls of the manor. By s. 133 the (English) Law of Property Act, 1925, enrolment is not required in respect of assurances or instruments executed or made after 1925. See DISENTAILING DEED. As to the Central Office, see R.S.C., Ord. LXI.

If a party to a suit in Equity, who had obtained a decree or order, was desirous of preventing a rehearing of the cause before the judge pronouncing the same, or of preventing an appeal to the Lord Chancellor or Lords Justices of Appeal, it must have been enrolled. So also where a decree was pronounced either by the Master of the Rolls or one of the Vice-Chancellors, and the party, instead of appealing to the Lord Chancellor or Lords Justices of Appeal, was desirous of appealing at once to the House of Lords, the decree must first have been enrolled. The effect of enrolling a decree of the Lord Chancellor was to prevent its being reheard by him. After a decree was enrolled, it could only be reversed or altered either by appeal to the House of Lords or by bill of review. It might be enrolled immediately after it had been passed and entered, unless a caveat had been entered, and then, if the party entering it did not present his petition of appeal or rehearing within twenty-eight days, the enrolment might be perfected. By Consol. Ord. 1860, XXIII., r. 24, the expenses of enrolment of decrees and orders were diminished; and by Ord. XXII., r. 16, the defendant had power to vacate the enrolment under certain circumstances; but the effect of the Judicature Acts is practically to abolish enrolment. As to enrolling assurances of property for charitable purposes, see CHARITABLE TRUSTS.