Scrivener - Law Dictionary Search Results
Home Dictionary Name: scrivenerScrivener
Scrivener [fr. scrivano, Ital.; escrivain, Fr.], or Money Scrivener, a professional man whose business of receiving men's money and investing it for them when he should find a proper opportunity, being trusted as a banker in the meantime, died out about the middle of the eighteenth century. He was subjected to the law of bankruptcy by 21 Jac. 1, c. 19 (repealed by 6 Geo. 4, c. 16), where, and also in Sch. I of the repealed Bankruptcy Act, 1869, he is defined as 'using the trade or profession of a scrivener, receiving other men's monies or estates into his trust or custody.' See Adams v. Malkin, (1814) 3 Camp 539, where the question whether an attorney could be made bankrupt as a scrivener was decided in the negative, and Boswell's Life of Johnson, where it is related that one Jack Ellis, a contemporary of Dr. Johnson, and mentioned by him with great respect, was the last of the scriveners. By s. 13 of the Public Notaries Act, 1801, no person can become a notary within the limits of the...
scrivener
scrivener [Middle English, alteration of scriveyn, from Anglo-French escrivein, ultimately from Latin scriba public record keeper, from scribere to write] : a professional or public copyist or writer of official or formal documents (as deeds or contracts) ...
Notary or Notary Public
Notary or Notary Public [fr. notaire, Fr., fr. notarius, Lat.], an officer who takes notes of anything which may concern the public; he attests deeds or writings to make them authentic in another country; but is principally employed in mercantile affairs, as to make protests of bills of exchange, etc. He cannot permit another to act in his name, and in London he must be free of the Scriveners' Company. See 25 Hen. 8, c. 27, ss. 3, 4; the (English) Public Notaries Acts, 1801, 1833, and 1843 (41 Geo. 3, c. 79, 3 & 4 Wm. 4, c. 70, and 6 & 7 Vict. c. 90); and consult Brooke on the Office, etc., of a Notary, 6th ed., by Cranstoun. The Court of Faculties makes the appointment in accordance with the Public Notaries Acts, and the Master of that Court has inherent jurisdiction to strike a notary public off the roll (Re Champion, 1906, P. 86). As to its jurisdiction in the case of the Colonies, see Bailleau v. Victorian Society of Notaries, 1904, P. 180.In Scotland a notary public must now be a ...
Graffer
a notary or scrivener...
Scrivener
A professional writer one whose occupation is to draw contracts or prepare writings...
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...
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...
Court-baron
Court-baron, a court which, before 1926 (see COPYHOLDS), although not one of record, was incident to every manor, and could not be severed therefrom. It was ordained for the maintenance of the services and duties stipulated for by lords of manors, and for the purpose of determining actions of a personal nature, where the debt or damage was under forty shillings.This court might be held at any place within the manor, giving fifteen days' notice, including three Sundays. Of the day when the court will be held; but three or four days' notice have been deemed sufficient. It was frequently held together with the court-leet, and generally assembled but once a year.The freehold tenants alone were suitors to the Court-baron; and it was essential to the existence of the court that there should be two suitors at the least; for since freemen can only be tried by their peers or equals, should there be but one freeman, he could then have no peer or judge, and consequently he had to appeal to the co...
Court-leet
Court-leet. [Coke says leet is a Saxon word, and comes from the verb gelathian, or gelethian (g being added euphoni' gratia), i.e., convenire, to assemble together, unde conventus, 4 Inst. 261. For other opinions as to the derivation of the word, see Lex Man. 131; Ritson on Courts-leet; and Scriv. On Copyholds.] This court is expressly kept up by s. 40 of the Sheriffs Act, 1887, though for all but formal purposes it has long since fallen into desuetude, and there is still an annual Court-leet of the Manor and Liberty of Savoy which meets at St. Clement Danes Vestry Hall, the High Steward of the Manor presiding, a jury being empannelled one month aftr Easter and serving for a year from that date, the court being held 'for the purpose of preventing small offences in the nature of a common nuisance,' and still having 'power to impose fines for certain offenes, such the stopping up of ways': Solicitor's Journal,Vol. 49, p. 493.The Court-leet is a court of record appointed to be held once a...
Customary Court-baron
Customary Court-baron, a court which should be kept within the man or for which it is held. It may be held anywhere within the manor, at the pleasure of the person holding it, unless some ancient custom require it to be held in a certain place.The court-baron was to be held from three weeks to three weeks, or, as some think, as often as thelord chose. And it should seem clear, tht the lord may hold a customary court as frequently as he pleases, and compe the attendance of his tenants who hold by villein or base services, 2 Wat.Cop., c. i. p. 9; and see Elton or Scriven on Copyholds.It is to be observed that although there should be no freeholders of the manor, by which the Court-baron or freeholders' court is lost, yet still there mabe a customary court; for as these two courts are distinct (though frequently held at the same time, the same roll serving to record the proceedings of both), the want of freeholders does not preclude the lord from holding a customary court for his copyhold...
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