Author Topic: Tips on reading 1850s legal contracts  (Read 509 times)

Offline bugbear

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Tips on reading 1850s legal contracts
« on: Tuesday 17 January 23 17:47 GMT (UK) »
I have some records that I think are deeds. They include mortgages, leases and indentures. I've scanned them at around 200 dpi to avoid further handling.

The ink is good, the handwriting is fairly easy (it's not secretary) hand.

But.

The line lengths are huge (31"/80cm), and the level of repetition, and massive use of synonyms and lack of any punctuation make comprehension difficult.

Does anyone have any tips on
a) actually reading such long lines?
b) and how to "dig down" into the actual meaning under all the verbiage?
BICE Middlesex
WOMACK Norfolk/Suffolk

Offline bugbear

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Re: Tips on reading 1850s legal contracts
« Reply #1 on: Wednesday 18 January 23 10:18 GMT (UK) »
Just working on a mortgage; the bank is a partnership of

Henry James Oakes, Robert Fincham, Robert Bevan, George Moor, Zachariah Simpson [my commas]

and rather than say "hereinafter called 'the bank'", the document repeats

"the said Henry James Oakes Robert Fincham Robert Bevan George Moor Zachariah Simpson their heirs executors  administrators and assigns"

every time.  >:(
BICE Middlesex
WOMACK Norfolk/Suffolk

Offline Andy J2022

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Re: Tips on reading 1850s legal contracts
« Reply #2 on: Wednesday 18 January 23 13:14 GMT (UK) »
Obviously the actual content of each document will reflect the style of the particular lawyer who drafted it. But sometimes, re-inserting the commas which a lay person might use helps to clarify. But beware, it can also change the meaning from the 'legal' meaning. For example in a recent case involving patents the phrase "... the said body having a free inner bore holding a capacitive data link" was held to mean that the data link was held within the inner bore, and not held within the body as the patentee intended it to mean. This was fatal to the validity of the patent as a whole.

You mention synonyms. If these are truly separate words which mean the  same thing, this may be deliberately done  to impart a nuanced meaning to the different words. Normally within a legal document a word is deemed to have exactly the same meaning throughout. This aids both clarity and certainty. This is also the reason for repeating the same phrases or lists of people - to ensure clarity of purpose. That said, if the group of people you list are nominated as 'the bank' I would have expected the drafter to use that word thereafter and not repeat the same list.

When you talk about long lines, I assume you mean there are very long sentences. This is typical of a certain legal style which is possibly more about confusing the layman than ensuring legal clarity. Again, try inserting some punctuation, including full stops and see if this makes things clearer.  And where you come across a word which either you are unfamiliar with, or you think may have a special legal meaning (for example 'consideration' in a contract means something of value) then check the word in a legal dictionary. For nineteenth century documents try Blacks Law Dictionary 1891. There are also several more modern ones on line. Another useful on line resource is Lawi

Offline bugbear

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Re: Tips on reading 1850s legal contracts
« Reply #3 on: Wednesday 18 January 23 16:13 GMT (UK) »
I have highlighted the list of people where it is used.

When I said "long lines" I meant 30 inches... finding the start of the next line is difficult.

I'm not sure what sentence even means in a block of text with no punctuation!

And the writer didn't "nominate" the list as "bank" - but I wish he had.
BICE Middlesex
WOMACK Norfolk/Suffolk


Offline arthurk

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Re: Tips on reading 1850s legal contracts
« Reply #4 on: Wednesday 18 January 23 17:29 GMT (UK) »
If you're thinking of transcribing it (so as to ask us what bits of it mean?), would something like Genscriber help - https://genscriber.com/en/index.php

I used it on a similarly large document, and once I'd got used to it, it worked well. Advantages include having a virtual rectangle to highlight the part you're working on, and a clipboard for storing the long and repetitive lists of names. I also found I could transcribe all the left hand ends of lines, then scroll the image across and finish them off, rather than repeatedly scroll backwards and forwards.

Offline Andy J2022

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Re: Tips on reading 1850s legal contracts
« Reply #5 on: Wednesday 18 January 23 17:34 GMT (UK) »
And the writer didn't "nominate" the list as "bank" - but I wish he had.
Hi bugbear, apologies for misreading your original post. As you say the drafter could have saved himself some time if he had adopted the idea of nomination. Sadly quite often the lawyer's fee was determined by the number of words in an agreement, hence the point of padding it out.

Offline arthurk

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Re: Tips on reading 1850s legal contracts
« Reply #6 on: Wednesday 18 January 23 19:40 GMT (UK) »
If you're thinking of transcribing it (so as to ask us what bits of it mean?), would something like Genscriber help - https://genscriber.com/en/index.php

Hmm - I've just tried to download the latest version to update mine, and Norton threw a wobbly. I think it's just some automated analysis being over-fussy, but I've queried it with Norton and hopefully all will be OK soon.

Offline arthurk

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Re: Tips on reading 1850s legal contracts
« Reply #7 on: Thursday 19 January 23 11:35 GMT (UK) »
If you're thinking of transcribing it (so as to ask us what bits of it mean?), would something like Genscriber help - https://genscriber.com/en/index.php

Hmm - I've just tried to download the latest version to update mine, and Norton threw a wobbly. I think it's just some automated analysis being over-fussy, but I've queried it with Norton and hopefully all will be OK soon.

Now sorted.