Manorial Documents - Law Dictionary Search Results
Home Dictionary Name: manorial documentsManorial documents
Manorial documents, Court Rolls, surveys, maps, terriers, all documents and books relating to the boundaries, franchises, wastes, customs or courts of a manor but not deeds or evidence of title to the manor, are now placed under the superintendence of the Master of the Rolls. They may remain in the possession or under the control of the lord of the manor but he shall not be entitled to destroy or wilfully damage them. The Master of the Rolls has power to direct the documents to be sent to the Public Record or local institutions undertaking to be responsible for the preservation and indexing of the documents and the Master of the Rolls may make rules for these purposes. [See (English) Law of Property Act, 1924, 2nd Sch., 2(4)]...
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Manor
Manor [fr. manerium, Lat.; manoir, Fr., habitation, or manendo, of abiding there, because the lord usually resided there], an estate in fee-simple in a tract of land granted by the sovereign to a subject (usually of power and consequence) in consideration of certain services to be performed. The tenementales were granted out; the dominicales (whence the ter demesne) were reserved to the lord; the barren lands which remained formed the 'wastes'; the whole fee was termed a lordship or barony; and the Court appendant to the manor the Court baron. Every manor (with some doubtful and unimportant exceptions) is of a date prior to the statute of Quia Emptores (18 Edw. 1, c. 1).'A manor,' says Mr. Joshua Williams, 'was made by the owner of an estate in fee carving out other estates in fee to be held by other freeholders as his tenants. A manor consists of demesnes and services: of demesnes, that is, of lands of which the freeholder, now become lord of a manor, is seised in his demesne as of fe...
Court Rolls
Court Rolls, a book,or series of books, in which an account of all the proceedings and transactions of the customary court of a manor was entered by a person duly authorized. The person who makes the entries is the steward, and the court rolls are kept by him,but subject to the right of the tenants to inspect them.Copyhold tenure was abolished by the (English) Law of Property Act, 1922, but the Law of Property (Amendent) Act contains provisions for the preservation and superintendence of Court Rolls, ibid. 2nd Sched. II. See MANORIAL DOCUMENTS; Williams on Real Property. Consult Scriven or Elton on Copyholds...
Master of the Rolls
Master of the Rolls [magister rotulorum, Lat.], originally the chief of a body of officers called the Masters in Chancery, of whom there were eleven others, including the Accountant-General. The Master of the Rolls subsequently became a judge of the Court of Chancery, who ranked next to the Lord Chancellor, and had the keeping of the rolls and grants which passed the Great Seal, and the records of the Chancery. All orders and decrees by him made, except such as by the course of the Court, were appropriated to the Great Seal alone, were deemed to be valid, subject, nevertheless, to be discharged or altered by the Lord Chancellor, and were not enrolled till they were signed by the Lord Chancellor, 3 Geo. 2, c. 30.This judge, by the (English) Jud. Act, 1881, s. 2 [see now Jud. (English) Act, 1925, s. 6 (2)], now sits in the (English) Court of Appeal only. Before that Act he was the second judge of the Chancery Division of the High Court of Justice [Jud. Act, 1873, s. 31 (1)], and also an ...
Title to lands, Documents of
Title to lands, Documents of. As to dealing with title-deeds as mere personal chattels, see Swanley Coal Co. v. Denton, (1906) 2 KB 873. Properly speak-ing, however, they are not chattels; Coke calls them 'the sinewes of the land' (Co. Litt.6 a), and they are so closely connected with it that they will pass, on a conveyance of the land, without being expressly mentioned; the property in the deeds passes out of the vendor to the purchaser simply by the grant of the land itself, Williams on Personal Property. Sec. 45 (1) of the (English) Law of Property Act, 1925, provides that a vendor shall be entitled to retain documents of title where (a) he retains any part of the land to which the documents relate, or (b) the document consists of a trust instrument or other instrument creating a trust which is still subsisting or in instrument relating to the appointment or discharge of a trustee of a subsisting trust. As a rule the estate owner (q.v.) is entitled to possession of the documents rel...
Document
Document, includes part of a document. [Official Secrets Act, 1923 (19 of 1923), s. 2 (3)]The meaning of the document or of a particular part of it is therefore to be sought for in the document itself. That is, undoubtedly, the primary rule of construction to which ss. 90 to 94 of the Indian Evidence Act give statutory recognition and effect, with certain exceptions contained in ss. 95 to 98 of the Act. Of course, 'the document' means 'the document' read as a whole and not piecemeal, Delhi Development Authority v. Durga Chand Kaushish, (1973) 2 SCC 825: AIR 1973 SC 2609: (1974) 1 SCR 535.Document shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter. [General Clauses Act, 1897 (10 of 1987), s. 3(18)]...
Making a false document
Making a false document, A person is said to make a false document-who dishonestly or fraudulently makes, signs, seals or executes a document with the intention of causing it to be believed that such document was made, signed or sealed by a competent authority or who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof or who dishonestly or fraudulently causes any person to sign, seal or execute or alter a document knowing that such person by reason of unsoundness of mind or intoxication cannot or by reason of deception does not know the nature of the document or the nature of alteration [Indian Penal Code, s. 464]...
Documents
Documents, records, writings, precepts, instruc-tions, or directions. See DISCOVERY; ROLLS.Documents means the document read as a whole and not piecemeal, Administrator of the Specified Understating of the Unit Trust of India v. Garware Polyester Ltd., AIR 2005 SC 2520.It is well-established that a document must be read as whole. In a document meant for a transfer of ownership, the purpose is generally stated clearly to be that the property given will be owned and possessed henceforth by the donee in such a way that he could use it or deal with it as he liked, State of U.P. v. Sayed Abdul Jalil, (1973) 2 SCC 26: AIR 1972 SC 1290: (1972) 3 SCR 342....
Inspection of written documents
Inspection of written documents. It was provided by the (English) Evidence Act, 1851 (14 & 15 Vict. c. 99), s. 6, that in any action or other proceeding the court or a judge might, on application by either party, compel the opposite party to allow the party making the application to inspect all documents in the custody or under the control of such opposite party relating to such action or other legal proceeding, and if necessary to take examined copies of the same, or to procure the same to be duly stamped. Even prior to this Act the court would, in certain cases, in the exercise of its equitable jurisdiction, order inspection of specific documents.By (English) R.S.C. 1883, Ord. XXXI., rr. 15-18, either party is prima facie as a matter of right entitled to inspect (after notice) documents referred to in the pleadings or affidavits of the other, and may, by leave of a judge, and upon an affidavit, inspect other documents in possession of the other; and by Ord. L., r. 3, any party to a c...
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