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Scrivener

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Seems to have signified, in old times, a class of agents who made it their business to receive money from persons desirous to lend it, find borrowers, advise on the securities offered, and draught the necessary papers; receiving a commission (it might be from each party) for their services. The function was, therefore, much the same as that of notary, abroad, or real-estate agent, in this country. But, at the present day, the duty of draughting the papers is the feature of his employment prominently intended when the word is used. It frequently occurs in the sense of conveyancer, draughtsman, scribe, writer for another. To use draughtsman or scribe, instead, when drawing up a document in form is all that is meant, would tend to accuracy. Money scriveners were understood to be those who received money to place it out at interest, and who supplied those who wanted to raise money on security; thus rendering themselves useful to and receiving a profit from both parties.

Tomlins.

When an attorney is the general depositary of money of his clients and other persons who employ him, not simply in his character of attorney, but as a money agent, to invest their money on securities at his discretion, allowing him procuration fees for any sum laid out on bond or mortgage, as well as a fee or charge for preparing the deeds, such a course of dealing is substantially the business of scrivener. 3 Camp. A scrivener is one who draws contracts; one whose business is to place out money at interest, receiving a bonus or commission for his trouble.

Wharton.

An agent to whom property was intrusted, for the purpose of lending it out to others at an interest payable to his principal, and for a commission or bonus for himself, whereby he sought to gain his livelihood. Brown. SCROLL. In the parlance of conveyancing, means a flourish with the pen, representing a seal, and allowed by the laws of some of the states to operate as a seal. It is usually made writing within the letters L. S., which stand for locus sigilli, the place of the seal. This is also sometimes called a scrawl; but scroll seems preferable.