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Inrollment

deed, court, lands and record

INROLLMENT, in laW, is the register. ing, recording, or entering in the rolls of the Chancery, King's Bench, Common Pleas, or Exchequer, or by the clerk of the peace in the records of the quarter sessions, ofany lawful act ; a statute or recognizance acknowledged, a deed of bargain and sale of lands, and the like. But the inrolling a deed does not make it a record, though it thereby becomes a deed recorded ; for there is a difference between a matter of record and a thing recorded to be kept in memory ; a re cord being the entry in parchment of judicial matters controverted in a court of record, and whereof the court takes notice, whereas an inrollment of a deed is a private act of the parties concerned, of which the court takes no cognizance at the time of doing it, although the court permits it. By statute 27 Henry VIII. c. 16, no lands shall pass, whereby any estate of inheritance or freehold shall take effect, or any use thereof be made, by reason only of any bargain and sale thereof, except the bargain and sale be made by indented, seal ed, and within six months enrolled in one of the king's courts of record at Westminster ; or else within the county where the lands lie, before the clerk of the peace, and one or more justices. But

by fifth Elizabeth, c. 26, in the counties palatine, they may be enrolled at the respective courts there, or at the assizes. Every deed before it is enrolled is to be acknowledged to be the deed of the par ty, before a master of chancery, or a judge of the court wherein it is inrolled, which is the officer's warrant for inrolling it ; and the inrollment of a deed, if it be ac knowledged by the grantor, it will be a good proof of the deed itself upon trial. But a deed' may be inrolled without the examination of the party himself; for it is sufficient if oath be made of the execu tion. If two are parties, and the deed be acknowledged by one, the other is bound by it. And if a man live abroad, and would have lands here in England, a no minal person may be joined with him in the deed, who may acknowledge it here, and it will be binding. There have been plans proposed for the inrolling all con veyances of lands, and registering them, in order to secure men's titles ; but this has been objected to by the landed inte rest in parliament, chiefly from motives of delicacy.