Interlineation


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Interlineation

The process of writing between the lines of an instrument; that which is written between the lines of a document.

An interlineation frequently appears in a contract that has been typed and signed. If the parties agree that a sentence is to be inserted between the lines to clarify a particular provision, the new sentence is known as an interlineation. The new line should be initialed and dated to indicate that both parties are aware of and agree to its insertion. An interlineation results in the alteration of an instrument.

Cross-references

Alteration of Instruments.

interlineation

n. the act of writing between the lines of a document, usually to add something that was omitted or thought of later. The issue (debated question) is whether both parties to a document (a contract, for example) had agreed upon the addition, or whether the new words were part of the document (like a will) when it was signed. Good practice is either to have all parties initial the change at the point of the writing or have the document re-typed and then signed.

INTERLINEATION, contracts, evidence. Writing between two lines.
     2. Interlineations are made either before or after the execution of an instrument. Those made before should be noted previously to its execution; those made after are made either by the party in whose favor they are, or by strangers.
     3. When made by the party himself, whether the interlineation be material or immaterial, they render the deed void; 1 Gall. Rep. 71; unless made with the consent of the opposite party. Vide 11 Co. 27 a: 9 Mass. Rep. 307; 15 Johns. R. 293; 1 Dall. R. 57; 1 Halst. R. 215; but see 1 Pet. C. C. R. 364; 5 Har. & John; 41; 2 L. R. 290; 2 Ch. R. 410; 4 Bing. R. 123; Fitzg. 207, 223; Cov. on Conv. Ev. 22; 2 Barr. 191.
     4. When the interlineation is made by a stranger, if it be immaterial, it will not vitiate the instrument, but if it be material, it will in general avoid it. Vide Cruise, Dig. tit. 32, c. 26, s. 8; Com. Dig. Fait, F 1.
     5. The ancient rule, which is still said to be in force, is, that an alteration shall be presumed to have been made before the execution of the instrument. Vin. Ab. Evidence, Q, a 2; Id. Faits, U; 1 Swift's Syst. 310; 6 Wheat. R. 481; 1 Halst. 215. But other cases hold the presumption to be that a material interlineation was made after the execution of an instrument, unless the contrary be proved. 1 Dall. 67. This doctrine corresponds nearly with the rules of the canon law on this subject. The canonists have examined it with care. Vide 18 Pick. R. 172; Toull. Dr. Civ. Fr. liv. 3, t. 3, c. 4, n. 115, and article Erasure.

References in periodicals archive ?
4); Carlyle must have made this alteration right at the time of original composition, as no interlineation was necessary.
Manuscript HM 136 does also contain twenty-four other interlinear insertions, many of them with a real caret, (19) but those caret marks for interlineation seem to be by the scribe, whereas the seeming carets that accompany circles and/ or virgules differ in ink color, size, and style.
at 22 (cited in note 69) ("interlineation of the Eleventh Amendment into Article III might well have resulted in a rewriting of Article III's party-based clauses").
Either way, one wonders whether the utility of the book might have been better served by the kind of enhanced connectivity between texts afforded by a hypertext format, in which the numerous blank pages and much of the symbolism and interlineation could be replaced by point-and-click links between the manuscripts and their revisions.
Additionally, any alteration, erasure, or interlineation of the bid may be cause for its rejection.
The district court declined to provide the court's copy, which included the judge's interlineations. The jury then requested the specific written instruction on aiding and abetting, which the district court provided without any interlineations.
interlineations, erasures or overwriting except as necessary to correct errors made by
(11) The multiple cross-outs and interlineations eliminate the possibility that Whitman is taking notes on a previously published text written by someone else.
(32.) My hope is that nothing significant has been missed, but LR 6/154/9 is a large manuscript, crammed with interlineations, cancellations, and added phrases, which may contain minor details about spending on the masque.
The authors of the relatively few treatises on bookkeeping and accounts in our period who refer to the credence given to account books in commercial disputes tended to emphasize the need for the merchant himself, or a named servant, as far as possible to make the entries in the main books, and to keep them free of interlineations, of cancellation of words and entries by striking out or obliteration, and of erasures and other blemishes which might cast doubt on the authenticity or the validity of particular entries, or of the account books themselves.
Another mild objection is that interlineations in the MSS or TSS are not recorded in the Apparatus--although sometimes an editor's comment (e.g., p.
(45) Following reed, for example, I transcribe dittography, indicating relevant instances in notes; I also enclose cancelled text in square brackets ([]), mark illegible text by angle brackets enclosing a stop for each illegible letter (<...>), and indicate interlineations above the line by enclosing them in upper half brackets ([??]).